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Hon. Edward W. McCarty, III

Of Counsel
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Hon. Edward W. McCarty, III, the Nassau County Surrogate from 2011 until his retirement in 2016, is Of Counsel in Vishnick McGovern Milizio LLP’s Trust and Estate Administration, Trust and Estate Litigation, and Alternative Dispute Resolution Practices.

He is also a mediator-arbitrator in National Arbitration and Mediation (NAM), where he specializes in medical malpractice, trusts and estates, international law, clergy abuse, commercial law, and orphan art redemptions.

Judge McCarty served as Justice of the New York State Supreme Court from 1992 to 2010, where he specialized in complex litigation and medical malpractice cases, and as Justice of the Nassau County District Court from 1985 to 1991. Prior, he served as the Nassau County Assistant District Attorney in the Homicide Bureau from 1972 to 1985 and as prosecutor for the Judicial Inquiry of Professional Conduct from 1971 to 1972.

A retired U.S. Army Colonel in the Judge Advocate General’s Corps, Judge McCarty received the Legion of Merit and a Bronze Star for his service during Operation Desert Storm. He has had varied international and national legal experiences, including as Assistant Mission Director for the Department of Defense in providing humanitarian support to Afghan refugees in Pakistan in 1990; providing legal restoration services in the Balkans, Eastern Europe, and Haiti; Contributing to the American Bar Association’s Central Eastern European Legal Initiative; providing hurricane relief in Louisiana following Hurricanes Katrina and Rita in 2005; and serving as a judicial participant in the Sir Richard May International Law Seminar at The Hague International Court of Justice in 2008, in the Cassin Seminar on Human Rights Law in France in 2009, and in the MIT DNA Evidence Conference in 2011.



  • New York
  • Nassau County Surrogate’s Court (Judge, 2011–2015)
  • New York State Supreme Court (Justice, 1992–2010)
  • Nassau County District Court (Judge, 1985–1991)


  • Fellowship, ASTAR Technology Program (USDOJ), 2010
  • Diploma, U.S. Army War College, 1993
  • Diploma, Forensic Medicine, NYU Grossman School of Medicine, 1982
  • Certificate, Foreign Service Institute, U.S. State Department, 1971
  • J.D., St. John’s University School of Law, 1970
  • B.S., Siena College, Economics (major) and English (minor), 1967


  • New York State Bar Association
  • Nassau County Bar Association
  • National Arbitration and Mediation (NAM)
  • Colonel, U.S. Army Advocate General’s Corps (ret.)


  • The Best Lawyers in America, Trusts and Estates, 2024
  • LI Herald “2021 Top Lawyer of Long Island,” Pro Bono
  • U.S. Army Legion of Merit
  • U.S. Army Bronze Star Medal
  • U.S. Army Meritorious Service Medal (5 times)


  • Colonel, U.S. Army Judge Advocate Generals’ Corps (ret. 2000)
  • Significant command assignments: Staff Judge Advocate, 77th RSC; Commander, 7th Legal Service Organization; Acting Commander, 353rd Civil Affairs Command; Staff Judge Advocate, 301st Support Group
  • Significant international assignments: Saudi Arabia, Kuwait, Iraq, Pakistan, Albania, Germany, Haiti, Slovenia, Belgium, Luxembourg
  • Director of Court Reform Project, Haitian Legal Task Force; Evaluation and reform recommendations for the entire Haitian legal system; Introduction of civil rights into the Haitian prison system; Advisor to U.S. Ambassador on the status of Haitian court reforms, 1996
  • Participant in seminar concerning democracy in Eastern Europe, Germany, 1995
  • Legal restoration project, providing legal assistance to Albania and Slovenia, 1994
  • Legal Officer, Kuwait Task Force (KTF); Restoration of legal services to liberated Kuwait; Chief Investigator of homicide by Kuwait Citizens against Palestinians; Relief assessment of Iraq refugee in Safwan, Iraq; Chief Investigator concerning wounding of an American LTC; Coordinator of U.S. Embassy affairs with Civil Affairs missions
  • Humanitarian relief for Afghan refugees, Islamabad, Pakistan, 1990
  • Major Civil Affairs and Judge Advocate units


  • Adjunct Professor, St. John’s University School of Law, 2011–Present
  • Adjunct Professor, Hofstra University Law School 2004–Present
  • Faculty, National Institute for Trial Advocacy, 1982–Present
  • Faculty, Hofstra University School of Law, Trial Techniques, 1978–Present
  • Judicial Participant, Massachusetts Institutes of Technology, DNA Evidence, 2011
  • Judicial Participant, Cassin Seminar on Human Rights Law, Strasbourg, France, 2009
  • Faculty, National Institute for Trial Advocacy, Criminal Prosecution Skills, 2006
  • Faculty, New York State Judicial Institute, The Law and DNA, 2004
  • Faulty, Turo Law School Trial Techniques, 2004
  • Faculty, St. John’s University, Criminal Justice, 2003–2004
  • Faculty, Widner University School of Law, 1995–2000
  • Faculty, United State Military Academy, West Point, NY (International Legal Instruction)

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