New York Court of Appeals justice retires, creating midterm vacancy

On March 23, 2021, State of New York Court of Appeals Justice Paul Feinman retired from the court, citing health concerns. 

Justice Feinman joined the State of New York Court of Appeals in 2017. He was appointed to the court by Gov. Andrew Cuomo (D). Feinman was the first openly gay judge confirmed to serve on the state’s highest court.

Before serving on the state supreme court, Feinman was a judge with the New York County Supreme Court, Civil Term in the 1st Judicial District from 2008 to 2017. He was also appointed to the New York Supreme Court, Appellate Division, First Department in 2012. From 1996 to 1997 and again in 2001 to 2003, Feinman served as a judge with the New York City Civil Court. From 1997 to 2000, he served as a judge with the New York City Criminal Courts.

The seven justices of the New York Court of Appeals serve 14-year terms. They are appointed by the governor from a list of candidates provided by a judicial nominating commission, pending confirmation from the New York Senate.

The current chief justice of the court is Janet DiFiore, who was appointed by Gov. Cuomo in 2015. 

The other five active justices of the court are:

• Jenny Rivera – Appointed by Gov. Cuomo in 2013

• Eugene Fahey – Appointed by Gov. Cuomo in 2015

• Michael Garcia – Appointed by Gov. Cuomo in 2016

• Rowan Wilson – Appointed by Gov. Cuomo in 2017

• Leslie Stein – Appointed by Gov. Cuomo in 2015

Justice Leslie Stein is scheduled to retire from the court on June 4, 2021, and Justice Eugene Fahey has scheduled his retirement for December 31, 2021.

In 2021, there have been 11 supreme court vacancies in nine of the 29 states where replacement justices are appointed instead of elected. The vacancies have been caused by retirements. 

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