Yesterday, Jan. 5, 2015, the New York Court of Appeals commenced its first term of the new year with only five judges and two vacancies. It should be noted that under New York’s Constitution, five members of the court shall constitute a quorum, and the concurrence of four shall be necessary to a decision.
This did not have to happen, but it did because of the decision of the leadership of the state Senate to delay, until January, the confirmation of Justice Leslie E. Stein, who had been nominated by Gov. Andrew Cuomo on Oct. 17 to fill a vacancy on the Court of Appeals. The Judiciary Law requires that the Senate shall confirm or reject appointments to the court no later than 30 days after receipt of the nomination from the governor.
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