The New York State Commission on Judicial Nomination is seeking recommendations and applications for an upcoming vacancy at the Court of Appeals, the state’s highest court.
A vacancy will exist as of Jan. 1, due to the mandatory retirement of Judge Robert S. Smith.
Under the state Constitution, judges of the court must retire at the end of the year in which they turn 70. Judge Smith will be 70 in August.
Candidates for Judge Smith’s vacancy may download an application from the commission’s website: www.nysegov.com/cjn, or contact the commission’s counsel, Henry M. Greenberg, c/o Greenberg Traurig LLP, 54 State St., 6th floor, Albany, N.Y. 12208, by phone (518) 689-1492; email email@example.com; or fax (518) 689-1499.
Applications may be filed electronically by emailing them to CJN_Applications@gtlaw.com, or submitted by mail to the commission’s counsel no later than Sept. 15.
In addition to Judge Smith’s vacancy, there are three scheduled vacancies arising at the Court of Appeals over the next few years. Candidates will also have the option to request their applications be considered for such future vacancies.
Chief Judge Jonathan Lippman will turn 70 in 2015; Judge Eugene F. Pigott Jr. in 2016; and Judge Susan P. Read in 2017.
Candidates who currently have pending applications for the upcoming vacancy that will occur as of Nov. 29 due to the expiration of the term of office of Senior Associate Judge Victoria A. Graffeo, may be considered in connection with the vacancy created by Judge Smith’s mandatory retirement and do not need to submit a new application, if they indicate to the commission they want to be so considered. Judge Graffeo has applied for re-appointment.
The commission evaluates candidates and makes recommendations to the governor whose appointment is subject to confirmation by the state Senate.