Feinman Retires From New York Court of Appeals, Effective Immediately, to Focus on Health Concerns
Feinman, who was the first openly gay Court of Appeals judge, joined New York's highest court in 2017 and his retirement was effective as of Tuesday, the court system said.
March 23, 2021 at 03:01 PM
4 minute read
In an abrupt announcement Tuesday, the New York court system reported that Court of Appeals Judge Paul Feinman is retiring from the state's highest court "to attend to health concerns."
Chief Judge Janet DiFiore issued a statement saying that Feinman "is an exceptional Judge and a magnificent human being who has made an extraordinary contribution to this institution during his tenure."
Feinman joined the Court of Appeals in 2017 and was the first openly gay member of the state's highest court. His retirement was effective as of Tuesday.
A spokesman for the Court of Appeals says Feinman told DiFiore by telephone on Tuesday that he would be retiring.
The official said Feinman was not on the bench Tuesday as the judges appeared in person in Albany to hear oral arguments.
Feinman's retirement opens up another opportunity for Gov. Andrew Cuomo to appoint a member of the court, if the third-term executive can hold onto the office. Cuomo has been engulfed in scandal for weeks as he faces a slate of sexual harassment allegations, as well as allegations around the reporting of COVID deaths of nursing home residents.
The court is expecting another seat to come open later this year with the planned retirement of Judge Leslie Stein.
A third judge, Eugene Fahey, is set to reach the mandatory retirement age this year and would need to step down at the end of 2021.
The nature of the health concerns cited in Feinman's resignation remained unknown as of Tuesday afternoon.
Feinman was asked about his health in 2017 after being nominated for the open position on the court. At a committee hearing, one state Senator said the judge had been inflicted with leukemia in 2015 and asked about his health.
"I underwent chemotherapy and a stem cell transplant and I sit here with no leukemia," he said, knocking his knuckles against the wood table.
He noted the doctors that treated him were world-renowned experts.
"They assure me that I am more than capable of fulfilling my responsibilities on the court," he said.
Feinman redefined what was possible for LGBTQ lawyers and judges in New York, said Matthew Skinner, executive director of The Richard C. Failla LGBTQ Commission.
"He just has a huge place in history," he said, noting the move to step down must have been a hard decision.
Feinman's elevation to the top court felt like a new chapter of hope, Skinner said, particularly because some past decisions from the court had a negative impact on the LGBTQ community.
"This is horrible news on so many levels," said Kristen Browde, co-chairwoman of the National Trans Bar Association.
Browde praised Feinman for his generosity and upholding the spirit of the law. The jurisprudence changed after Feinman got on the court and he brought a true understanding of the issues facing the LGBTQ community, she said.
State Sen. Brad Hoylman, D-Manhattan, said Feinman has served as a role model for LGBTQ lawyers.
Hoylman, who has known Feinman for more than two decades, described the judge's elevation to the top court as a beacon of hope for LGBTQ New Yorkers.
Scott Karson, president of the New York State Bar Association, praised Feinman as an "exceptional judge, magnificent human being, and a champion of the LGBTQ community." He described Feinman's retirement as "sudden and unexpected."
"I join with his family, friends and admirers throughout the state in wishing him a speedy recovery," Karson said in a statement.
Eric Lesh, executive director of the LGBT Bar Association of New York, praised Feinman as a "trailblazer" and noted his generosity.
"We had a talented former legal intern who lost a summer opportunity when the pandemic hit. Judge Feinman heard about it and reached out to the student to offer [a] virtual internship in his chambers," Lesh said in a statement.
Before serving on the top court, Feinman was appointed to the Appellate Division, First Department in 2012 and had been elected to state Supreme Court in 2007.
A graduate of the law school at the University of Minnesota, Feinman worked as a staff attorney in the appeals bureau of the Legal Aid Society of Nassau County early in his career.
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