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The Current Court (updated Sept. 2006)

New York Court of Appeals “Nonpolitical Merit” Appointment & Appointees Vincent Martin Bonventre, J.D., Ph.D. November 2006 Presentation to the Rockefeller Institute Public Policy Forum. The Current Court (updated Sept. 2006). Judith S. Kaye. Appointed 1983, Cuomo First woman on Court

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The Current Court (updated Sept. 2006)

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  1. New York Court of Appeals“Nonpolitical Merit” Appointment & AppointeesVincent Martin Bonventre, J.D., Ph.D.November 2006Presentation to the Rockefeller Institute Public Policy Forum

  2. The Current Court(updated Sept. 2006)

  3. Judith S. Kaye • Appointed 1983, Cuomo • First woman on Court • From NYC (born in Monticello) • Appointed Chief Judge 1993, Cuomo • Current term expires March 2007 • Mandatory age retirement 2008 • (replaced SW [Cuomo])

  4. George Bundy Smith (retired 2006) • Appointed 1992, Cuomo • From NYC (born New Orleans) • Term expired Sept. 2006 • Denied reappointment by Pataki • (mandatory age retirement would have been 2007) • (replaced FA [Cuomo])

  5. Carmen Beauchamp Ciparick • Appointed 1994, Cuomo • First Hispanic on Court • From NYC • Current term expires Jan. 2008 • Mandatory age retirement 2012 • (replaced SFH [Cuomo])

  6. Richard C. Wesley (resigned 2003) • Appointed 1997, Pataki • From Livonia [Rochester area] (born Canandaigua, New York) • Resigned for 2d Circuit Appointment, 2003 • (replaced RDS [Cuomo])

  7. Albert M. Rosenblatt • Appointed 1998, Pataki • From Dutchess County (born NYC) • Mandatory age retirement 2006 • (replaced VJT [Cuomo])

  8. Victoria A. Graffeo • Appointed 2000, Pataki • From Guilderland (born Rockville Center) • Term expires Nov. 2014 • Mandatory age retirement 2022 • (replaced JWB [Cuomo])

  9. Susan P. Read • Appointed 2003, Pataki • From Capital Region (born Gallipolis, Ohio) • Mandatory age retirement 2017 • Term expires Jan. 2017 • (replaced HL [Cuomo])

  10. Robert S. Smith • Appointed 2003, Pataki • From NYC • Mandatory age retirement 2014 • (replaced RW [Pataki])

  11. Hon. Eugene F. Pigott, Jr. • Appointed 2006, Pataki • From Grand Island [Buffalo Metro Area] (born Rochester, NY) • Mandatory age retirement 2016 • (replaced GBS [Cuomo])

  12. The Process • Background: Wachtler, Fuchsberg, Breitel, Carey • Commission: composition, purpose [evaluate, report, recommend] • Applications: notice, solicitation, applicants • Interviews: prelim evaluation, in-person meeting • Voting: ranking/no-ranking, 2/3 support, re-voting & winnowing • Findings & Recommendations: 3-7 candidates, “report” on “character, temperament, professional aptitude, experience, qualifications and fitness”—otherwise entirely confidential

  13. The Process cont’d • Gubernatorial Nomination:limited to list, agenda? • Senatorial Advice & Consent:committee hearing, full senate, “advice” or just consent? • Election vs “Nonpolitical Merit” Appointment: • Pros / Cons • Final Product, Comparisons • Essentials Vincent M. Bonventre, 11/06

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