In 1998, Austin was elected as a judge to the Tenth Judicial District of the trial level New York Supreme Court.
As a Commercial Division judge, "he heard and resolved well over 2,000 cases addressing a wide variety of commercial matters, including corporate (limited liability company and partnership dissolutions; shareholder derivative claims), employment issues (including restrictive covenants), and construction contract claims."
[4] After his retirement from the Appellate Division, Austin has provided alternative dispute resolution services, and has been recognized as a top 10 arbitrator in New York Law Journal surveys.
[4] Austin received the 2022 Stanley B. Fuld Award from the Commercial and Federal Litigation Section of the New York State Bar Association.
"[9] Since August 2022, Austin is a member of the New York State Commission on Ethics and Lobbying in Government, becoming its permanent Vice Chair in 2023.