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Lyman H. Smith

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Lyman H. Smith
Associate Justice, New York Supreme Court
In office
September 25, 1973 – March 9, 1983
County, Family, and Surrogate Courts Judge, Yates County, New York
In office
1964–1973
Personal details
Born
Lyman Herbert Smith Jr.

January 10, 1918
Naples, New York, U.S.
DiedNovember 3, 1996(1996-11-03) (aged 78)
Dundee, New York, U.S.
Resting placeFulkerson Cemetery, Dundee, New York
ProfessionLawyer

Lyman Herbert Smith Jr. (January 10, 1918 – November 3, 1996) was an American attorney and justice of the New York Supreme Court. He was a County, Family, and Surrogate Courts judge in Yates County, New York from 1964 to 1973. Before that, he was a country attorney for Yates County from 1948 to 1964.

Early life

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Lyman Herbert Smith Jr. was born in a log cabin in Naples, New York on January 10, 1918.[1][2][3] His parents were Cora Mae (née Dailey) and Lyman H. Smith Sr., a rural mail carrier.[1][4][3] He graduated from Naples High School.[1] Next, he attended Cornell University, graduating with a Bachelor of Arts in 1940 and a Bachelor of Letters in 1942.[1][5] While there, he was a member of Alpha Chi Rho fraternity.[6]

During World War II, he served as a first lieutenant and a company tank commander with the United States Army 9th Armored Division.[1][2] He saw action during the Battle of the Bulge and the recapture of Remagen Bridge, receiving a Bronze Star for the latter.[1][2]

Career

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Smith started a private law practice in Penn Yan, New York in 1946.[1][2] He was elected county attorney in 1948, serving until 1964 when he became a judge with the county, Family, and Surrogate Courts in Yates County.[1][2][5] He was a judge in Yates County for fifteen years.[2] In June 1968, he was approved to practice before the Supreme Court of the United States.[7]

Governor Nelson Rockefeller appointed Smith to serve as a judge on the Seventh Judicial District New York Supreme Court on September 25, 1973.[8][9] This position which ran until December 21, 1974, was created to support new anti-drug laws.[8] When his appointed term was up, Smith successfully ran for election to the New York Supreme Court and served for fourteen years.[1] One of his noted cases was a special grand jury investigation into political corruption in Onondaga County.[2] He retired on March 9, 1983, after serving 38 years in law.[1][2]

Smith taught at the New York State School for the Judiciary (now the New York State Judicial Institute) in Crotonville, New York.[1] He also chaired the Committee on Criminal Jury Instructions.[1] He was a member of the American Bar Association, the National Prosecutors' Association, the New York State Bar Association, the New York State District Attorney's Association.[5]

Personal life

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Smith first married Catherine Strong.[1] Their children were Patricia D. Smith, Scott C. Smith, Catherine B. Smith, and Dion C. Smith.[1] His second wife was Mary Elizabeth "Polly" Marks.[1] They lived in Glenora, New York.[2]

Smith was a golfer, sailor, and vineyardist.[1] He was a vestryman at St. Marks Episcopal Church in Penn Yan.[1] He was president of the Penn Yan Rotary Club, the Yates County Red Cross, and the Yates County Community Chest.[1][5] He was a Republican.[7]

Smith died on November 3, 1996, in Dundee, New York.[1] He was buried in the Fulkerson Cemetery in Dundee.

References

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  1. ^ a b c d e f g h i j k l m n o p q r s "Smith, Honorable Lyman H." Democrat and Chronicle. Rochester, New York. 1996-11-04. p. 15. Retrieved 2024-08-04 – via Newspapers.com.
  2. ^ a b c d e f g h i "Former Yates County Jurist Smith Dies at 78". Star-Gazette. Elmira, New York. 1996-11-04. p. 7. Retrieved 2024-08-04 – via Newspapers.com.
  3. ^ a b National Archives at St. Louis; St. Louis, Missouri; Wwii Draft Registration Cards For New York State, 10/16/1940 - 03/31/1947; Record Group: Records of the Selective Service System, 147. via Ancestry.com
  4. ^ "Lyman H. Smith, 63, Naples RFD Aide". Democrat and Chronicle. Rochester, New York. 1950-03-01. p. 35. Retrieved 2024-08-04 – via Newspapers.com.
  5. ^ a b c d "Phelps Graduates to Hear District Attorney". Democrat and Chronicle. Rochester, New York. 1954-06-26. p. 29. Retrieved 2024-08-04 – via Newspapers.com.
  6. ^ "Distinguished Alumni". Alpha Chi Rho National Fraternity. Retrieved 2024-08-04.
  7. ^ a b "Court Admists Smith". The Daily Messenger. Canandaigua, New York. 1964-06-24. p. 10. Retrieved 2024-08-04 – via Newspapers.com.
  8. ^ a b "13 More Judges Are Named Under New Antidrug Laws". The New York Times. 1973-09-26. ISSN 0362-4331. Retrieved 2024-08-04.
  9. ^ "New York State Supreme Court: 1950-1974". Historical Society of the New York Courts. Retrieved 2024-08-04.
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