Francois A. Rivera

The problem with this judge is that he thinks he’s smarter than he is. He’s not a bad judge, but that problem leads to him being rude and tends to suggests new arguments to the other side if he’s favorable to them. As others said, he’s disrespectful of the time of attorneys and litigants.

A Plea for Justice.

Judge Rivera knows how to run a court room and conduct a trial. He is a no nonsense jurist who requires litigants to be on time, be prepared, and follow the rules. His decisions are fair to all sides. He knows the law and his decisions reflect that. I wish more judges were like him.

Warning to pro se litigants: Rivera has patience for litigants with little education, but if you spent one year in college, he will expect you to know the CPLR as well as an attorney who has been practicing law for 30 years. He either does not understand or does not care that it's much easier to find legal blogs and case law than it is to find basic information about legal procedure. No one was born knowing this stuff. None of it is obvious. No one will explain it to you. But Rivera will expect you to have mastered all of it. And if you have a PhD in Math, Rivera will screw you! He has no respect for mathematical reasoning (which may explain some of his legal reasoning).

Thinks he's smart in a dangerous way. Obvious why he'll never be appointed to the Appellate Division.

Prioritizes his "strict courtroom" over everything, including basic decency, respect for litigants' time, and moving cases along. Calendar calls are an horror show, with most of the court's time spent mocking and demeaning attorneys, who of course cannot defend themselves. Threatens to hold people in contempt over nothing. Keeps parties waiting forever and then sends them to the back of the line if they can't answer his nitpicking questions within a second - I've seen him do this to even senior attorneys in their 80s. Lord help you if you don't know every detail of your entire case, no matter how inconsequential to the subject of the hearing. I see people complimenting his intelligence and eloquence, but all I see is arrogance and unfitness for the job. He ignores arguments he doesn't understand, but humors frivolous litigation, single-handedly dragging out non-meritorious cases for years just for fun. If "fairness" means being equally abusive to everyone then sure, he's fair.

This judge is one of the worst to sit the bench. I have rarely met a judge with less emotional maturity or judicial temperament in my career. In addition, although he appears to be reaosnably intelligent in his speech during court appearances, his ultimate decisions appear to be grossly incompetent and possibly motivated by personal animus toward certain attorneys. This judge is the epitome of a person who should not be given power. Vain, egotistical and disrespectful. Truly a small person and one of the worst afflictions on the NYC Court system.

I have been in practice for close to 40 years. Justice Rivera is among the very finest judges I have ever appeared before. I am attorney for one of defendants (a retired couple who sold a business) in a multi-defendant products liability case. Justice Rivera heard argument by Zoom this week for over 90 minutes. He was totally prepared and asked exactly the right questions of all sides. He even said, "I may have further questions for you and need to bring you back." That's how thorough he is! I have no idea whether I will win or lose the motion (for summary judgment pre NOI). But my clients and I have been treated totally fairly. The judge's motto is "All cases must be treated equally" ... and he will give a pro se plaintiff who is down on his luck (but with legitimate arguments) the same amount of time and attention as the deep-pocketed folks. If he has a slight plaintiff's bias on a pre-trial motion, guess what?, that's a GOOD thing. It is often the well-financed defendants who are trying to take advantage. He is just leveling the playing field, making sure that if he is going to dismiss a defendant before trial, he is certain that is the proper course of action. In sum, Justice Rivera is a force-of-nature, knows the law inside and out, and Kings County is LUCKY to have him. His staff are also very organized and professional, just like him. IMHO (after almost 40 years of practice).