Francis Bergan
Encyclopedia
Francis Bergan was an American lawyer and politician.
in 1923, and was admitted to the bar in 1924. He was elected to the Albany City Court in 1929, and to the Albany Police Court in 1933.
In 1935, he was elected to the New York Supreme Court
(3rd District), and re-elected in 1949. He was a delegate to the New York State Constitutional Convention of 1938. While sitting on the Supreme Court, he attended night classes at Siena College
and graduated B.A.
in 1946. Two years later, Siena conferred an LL.D. on him. He sat on the Appellate Division (3rd Dept.)
from 1949 to 1963. He was Presiding Justice from 1960 on.
In 1963
, he was elected unopposed to the New York Court of Appeals
. He was a delegate to the New York State Constitutional Convention of 1967, and was Chairman of the Committee on Education. In 1970, he wrote the opinion which was the court's decision in Boomer v. Atlantic Cement Co.
He retired from the bench at the end of 1972 when he reached the constitutional age limit of 70 years. Afterwards he published many writings on legal issues and the State court system, among them The History of the New York Court of Appeals 1847-1932 (Columbia University
Press, 1985).
He died at the Teresian House, a nursing home in Albany.
Life
He was the son of Michael Bergan and Mary Bergan. He was educated at the New York State College for Teachers. Then he worked as a court reporter for the Knickerbocker Press, and studied law. He graduated LL.B. from Albany Law SchoolAlbany Law School
Albany Law School is an ABA accredited law school based in Albany, New York. It was founded in 1851 by Amos Dean , Amasa Parker, Ira Harris and others....
in 1923, and was admitted to the bar in 1924. He was elected to the Albany City Court in 1929, and to the Albany Police Court in 1933.
In 1935, he was elected to the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
(3rd District), and re-elected in 1949. He was a delegate to the New York State Constitutional Convention of 1938. While sitting on the Supreme Court, he attended night classes at Siena College
Siena College
Siena College is an independent Roman Catholic liberal arts college in Loudonville, in the town of Colonie, New York, United States. Siena is a four-year, coeducational, independent college in the Franciscan tradition, founded by the Franciscan Friars in 1937. It has 3,000 full-time students and...
and graduated B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1946. Two years later, Siena conferred an LL.D. on him. He sat on the Appellate Division (3rd Dept.)
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
from 1949 to 1963. He was Presiding Justice from 1960 on.
In 1963
New York state election, 1963
The 1963 New York state election was held on November 5, 1963, to elect a judge of the New York Court of Appeals. Besides, an amendment to the State Constitution proposed to allow off-track betting, and was accepted.-Background:Judge Sydney F...
, he was elected unopposed to the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
. He was a delegate to the New York State Constitutional Convention of 1967, and was Chairman of the Committee on Education. In 1970, he wrote the opinion which was the court's decision in Boomer v. Atlantic Cement Co.
Boomer v. Atlantic Cement Co.
Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. The case was one of the first and most influential instances of a court applying permanent damages...
He retired from the bench at the end of 1972 when he reached the constitutional age limit of 70 years. Afterwards he published many writings on legal issues and the State court system, among them The History of the New York Court of Appeals 1847-1932 (Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
Press, 1985).
He died at the Teresian House, a nursing home in Albany.
Sources
- The History of the New York Court of Appeals, 1932-2003 by Bernard S. MeyerBernard S. MeyerBernard Stern Meyer was an American lawyer and politician.-Life:...
, Burton C. Agata & Seth H. Agata (pages 25f) - http://www.courts.state.ny.us/history/elecbook/thereshallbe/pg103.htm Court of Appeals judges
- http://www.courts.state.ny.us/history/pdf/Library/Courts/App_Div_Third_Dept_100th_Anniv.pdf History of the Third Department, with portrait (page 27)
- Francis Bergan, 95, Ex-Judge; Shaped New York's Constitution in NYT on April 13, 1998