---
title: "Edward O. Spain | KnowJudges"
canonical: "https://knowjudges.com/kyj/judge/edward-o-spain-7943"
page_type: "judge_profile"
updated: "2026-08-02"
---

# Edward O. Spain

Appellate Division of the Supreme Court of the State of New York · Judge

## Profile

- Court: Appellate Division of the Supreme Court of the State of New York
- State: New York
- Role: Judge
- Service status: active
- Last verified: 2026-06-30

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Judge, Appellate Division of the Supreme Court of the State of New York, 1994-present
- Distinguished judge of the New York Supreme Court, Appellate Division, Third Department, serving from December 30, 1994, until his retirement on December 31, 2013
- Appointed Administrative Judge for the Third Judicial District (1994)
- Deputy Clerk of Rensselaer County Surrogate’s Court (1977)
- Before his legal career, he served in the U.S. Navy, Judge Advocate General’s Corps, and was honorably discharged in 1972 as a lieutenant
- Assistant District Attorney for Rensselaer County (1967)

### Education



### Additional information

- He was honored in 2025 at the Rensselaer County Bar Association’s “Conversation with Hon.
- Spain retired in 2013 after 36 years on the bench and nearly 50 years in the legal profession.
- Re-elected to the Supreme Court (2005).
- Elected to Rensselaer County Family Court (1985).
- Elected to Troy Police Court (1977).
- 1966–1977: Private practice in Troy, NY, with his father
- Edward O. Spain” event
- His tenure spanned six U.S. presidents and six New York governors.

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### recording and photography

Scope: statewide

New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.

Evidence excerpt: Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtained

[Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true)
Source checked: 2026-07-26

### evidence presentation control

Scope: statewide

The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.

Evidence excerpt: 1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE

[Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml)
Source checked: 2026-07-26


## Sources

- [Official profile](https://www.courtlistener.com/person/7943/edward-o-spain/)
- [Official roster](https://www.courtlistener.com/person/7943/edward-o-spain/)
- [Appellate Division of the Supreme Court of the State of New York current judicial profile](https://www.courtlistener.com/person/7943/edward-o-spain/)
- [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true)
- [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/7943/edward-o-spain/)

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## Published courtroom rules

### Shared court rules

- [Practice Rules of the Appellate Division — 22 NYCRR Part 1250](https://knowjudges.com/courtroom-rules/ny-shared-set-f25158f78380e6ddc10f) — Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules. [Official source](https://www.nycourts.gov/courts/AD1/Practice&Procedures/rules.shtml). Collected 2026-10-27.
- [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-99a7824bb8e009643f842c03) — Scope is limited to the court class in the source claim.  Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory. [Official source](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.
- [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-34fe480ab82f22fa3c31d257) — Scope is limited to the court class in the source claim.  Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory. [Official source](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.
