Hon. Gerald J. Whalen ’83 is a judge for the 4th Department of the New York Supreme Court Appellate Division, appointed by Gov. Andrew Cuomo in 2012. He has been the presiding justice of the court since 2016. His current term ends on Dec. 31, 2027.
April 14, 2017
Recipient of the Distinguished Alumnus Award for the Judiciary at the 55th Annual Dinner
Elizabeth Kraengel
Click to browse and search the indexed media:
Judge Gerald Whalen grew up in South Buffalo with six siblings in a close-knit family. His father and grandfather were Common Council members and involved in politics. A high school teacher inspired him to become a lawyer by giving him cases to read. He received his BA from Canisius College in 1979, then chose the University at Buffalo law school, graduating with a JD in 1983. He took a year off to clerk at the Erie County District Attorney’s Office, which further sparked his interest in becoming a trial lawyer.
Judge Whalen made lifelong friends in his law school section. He found the three years exciting, though stressful, requiring much challenging work. Constitutional law was his favorite because he loved his professor, Howard Mann. Over the summer of his 1L year, he dropped off his resume at law firms downtown, and a young partner offered him a clerk position on the spot. That firm was Offermann, Fallon, Mahoney & Cassano. He worked there for three summers. He became an associate in 1984, then a partner in 1988. He stayed with the firm until 1993, then became a partner at Williams, Stevens, McCarville & Frizzell PC until 2001. He became a partner of Hiscock & Barclay LLP from 2001 to 2005.
Judge Whalen felt fortunate that he was a trial lawyer and represented clients. Litigating was fun and interesting for him. For 21 years, he focused his practice on handling complex civil and criminal cases. He admitted, however, to not being fond of the business side of the job.
He began the second stage of his career when he was elected to the New York State Supreme Court in 2005. Judge Whalen, who ran as a Democrat, assumed judicial office on Jan. 1, 2006.
His career on the bench provided him with many enjoyable opportunities. To apply for the Appellate Division, 4th Department, it took a year and a half to complete the application, interview and be approved by a blue-ribbon panel. He recently finished his first year as presiding justice. The appellate court, he emphasized, is a special place and works in a collaborative, respectful manner. He has talented and committed co-workers to help him.
Judge Whalen’s son followed in his father’s footsteps and was admitted to UB School of Law. According to Judge Whalen, former professors such as William R. Greiner, as well as those today, were gifted and created wonderful experiences for their students. His son had a similar positive experience. Judge Whalen was thrilled to be able to swear in his son when he was admitted to the bar.

