Commission on Judicial Nomination is Seeking Recommendations and Applications for Associate Judge of the State ‘s Highest Court

Commission on Judicial Nomination is Seeking Recommendations and Applications for Associate Judge of the State ‘s Highest Court

(New York, NY, Tuesday, July 27, 2021) – The New York State Commission on Judicial Nomination (“the Commission”) today announced that it is seeking recommendations and applications of persons who may be qualified to serve as an Associate Judge of the State’s highest Court, the Court of Appeals of the State of New York.  On January 1, 2022, a vacancy will exist on the Court due to Associate Judge Eugene M. Fahey’s mandatory retirement by reason of age.  Under the Constitution of the State of New York, Judges of the Court must retire at the end of the year in which they turn seventy.

Candidates for Judge Fahey’s vacancy may download an application from the Commission’s website ( or contact the Commission’s Counsel, Henry M. Greenberg, c/o Greenberg Traurig, LLP, 54 State Street, 6th Floor, Albany, New York 12208 [Tel.: (518) 689-1492; e-mail:; Fax: (518) 689-1499]. Applications may be filed electronically by e-mailing them to or submitted by mail to the Commission’s Counsel.  The deadline to submit applications is August 6, 2021.  Candidates who have submitted an application for the last two vacancies on the Court (Hon. Leslie E. Stein and Hon. Paul G. Feinman) may also be considered in connection with the coming vacancy created by Judge Fahey’s retirement and do not need to submit an additional application, so long as they indicate to the Commission on or before August 6, 2021 that they want to be so considered.

The Commission was created by Article 6, § 2 of the New York State Constitution.  Consistent with its mandate, the Commission is entrusted with the responsibility for evaluating, and then recommending to the Governor, candidates to fill vacancies on the Court of Appeals.  The Commission vigorously seeks out, carefully evaluates and then nominates to the Governor three to seven well-qualified candidates from the extraordinary, diverse community of lawyers admitted to practice in New York State for at least ten years.  The Governor’s appointment is subject to confirmation by the New York State Senate.

To fill past judicial vacancies on the Court, the Commission has nominated to the Governor a wide variety of lawyers, including private practitioners, public interest attorneys, law professors, government officials and sitting Federal and State judges.  While prospective candidates must file an application with the Commission, recommendations may be made by anyone who believes that a prospective candidate could be an excellent Judge of the Court.  Recommendations of qualified candidates for a vacancy are encouraged and may be made to the Commission’s Counsel.

If any person or organization wishes to receive copies of future Commission press releases, please provide an e-mail or mailing address to the Commission’s Counsel.  The Commission will register the address and make every effort to distribute future press releases in the designated manner.  Persons interested in learning more about the Commission are encouraged to visit its website:

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