Cuomo Nominates 4th Democratic Judge to Court of Appeals

Gov. Andrew Cuomo on Thursday nominated Eugene Fahey to serve on the state Court of Appeals. A Democrat, Fahey would take the seat vacated by the more conservative Robert Smith, who was appointed by Gov. George Pataki in 2003 and stepped down at the end of 2014. Fahey, whose nomination will have to be approved by the Senate, is Cuomo's fourth appointment to the state's highest court.   

It is unclear when the Senate will vote on Fahey's nomination—the chamber has yet to act on Cuomo's third appointment to the court, Justice Leslie Stein, whom he nominated in November after refusing to reappoint Judge Victoria Graffeo, a Republican.

Albany Law Professor Vin Bonventre called the choice “surprising,” but said Fahey, a lifelong Buffalo resident, is well regarded in the state.

“I think it’s surprising, because if you look at the list, there were others who you figured might either be closer to Cuomo or might fit Cuomo’s pattern of appointees,” Bonventre said. “But he’s well regarded, Fahey. The commission has put him on the list three times, so the commission has been impressed with him repeatedly."

Stein and Fahey would swing the balance of the court to five Democrats and two Republicans.

"The governor’s nominee, Judge Eugene Fahey, appears to be qualified and I do not expect any issues with his confirmation," Republican state Sen. John Bonacic, chair of the Senate Judiciary Committee, said in an email.

While all his nominees have been Democrats, Cuomo’s other picks have been diverse in other ways. Judge Jenny Rivera is Hispanic and Judge Sheila Abdus-Salaam is the first black woman to serve on the court.

 “It’s not as though Andrew Cuomo is setting a new precedent, because this was the way [former Gov.] George Pataki behaved,” Bonventre said. “I would be shocked if some of the senators didn’t say something about it, because on this list—as opposed to the others—there were a couple of Republicans. Four Democrats in a row. That's very, very different from his dad, who appointed just as many Democrats as Republicans.”

Cuomo’s pick is also another show of support for Western New York and his much-touted success with the “Buffalo Billion.” Fahey was a trial attorney and member of the Buffalo Common Council before serving as a Buffalo City Court Judge. He was elected to the state Supreme Court in 1996 and is currently an associate justice of the Appellate Division of the state Supreme Court.  

“He has a good deal of judicial experience both at the trial level and the appellate level. He knows what kind of work that appellate courts do.” Bonventre said. “I think he’ll fit in well. By all accounts he’s impressive and by all accounts he’s very collegial—He gets along very well with all his colleagues, so I think he’ll be a good fit.”