Earlier today, seemingly out-of-nowhere, the New York State Senate moved Governor Kathy Hochul's nomination of Justice Hector LaSalle to a full vote. The Senate rejected the Governor's nominee, with 39 senators voting against Justice LaSalle and 20 voting in his favor. Perhaps the looming hearing of an Order to Show Cause (Download signed OTSC) in a declaratory judgment action scheduled for this upcoming Friday in a lawsuit Senator Anthony Palumbo commenced against the New York State Senate provoked the vote. (see supporting affirmation of OTSC Download Affirmation)
Notably, the attorney for Senator Palumbo has commented to the press that the vote does not render the declaratory judgment action moot. (see Bloomberg Law)
How did we get here? Justice LaSalle has been a public servant for, at least, 20 years, and heads one of the busiest appellate courts in the entire country -- i.e., the Appellate Division, Second Department. The chief judge position of the New York Court of Appeals supervises the seven-judge Court of Appeals panel and has a sizable administrative role as the chair of the Administrative Board of the Courts. Justice LaSalle's experience and demeanor appeared to be a natural fit for the chief judge position. A majority of senators thought otherwise. Is it a defeat for Governor Hochul, the question many commentators are claiming or a defeat for New Yorkers?
I have aggregated some relevant news articles here: New York Times; New York Magazine; The Hill; Politico; New York Post; New York Daily News; and The Wall Street Journal. Here is a statement from Chairman of Committee of Judiciary, Senator Hoylman-Sigal.
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