When I was appointed to the Court of Appeals, I was the seventh in a short period chosen by Gov. Mario Cuomo. It set the stage for a lighthearted exchange at a press conference when he publicly presented my appointment. He was very proud of having filled seven seats on the court, and was prepared for the inevitable question as to my political affiliation that memorable Jan. 5, 1987 morning. Gleefully grinning, he answered the expected inquiry from a reporter: “None,” adding something like “How’s that for a non-partisan court? I’ve appointed three Republicans, three Democrats, and now one Independent!” Remarkably, that seven-member constituency of the court remained unchanged for almost six continuous years.
As to institutional memory, Judge Sol Wachtler, whom Cuomo appointed chief judge in 1985, brought the longest judicial tenure and continuity, going back to his election to the court in 1972 and his service under the outstanding and long leadership years under Chief Judges Stanley Fuld and Charles Breitel. My appointment added a distinct component of institutional history related to my service as chief clerk and counsel at the Court of Appeals from 1975 to 1983 and as chief administrative judge from 1985 to 1987.
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