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New York Legal

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New York State Court of Appeals, Albany. REUTERS Hans Pennink

Commission to use Ciparick pool to fill Jones appeals court seat

11/13/2012 COMMENTS (0)

By Daniel Wiessner

ALBANY, N.Y., Nov 13 (Reuters) - Candidates for the New York Court of Appeals seat of retiring Judge Carmen Ciparick will also be considered for the vacancy created by the sudden death of Judge Theodore Jones, officials said.

The state Commission on Judicial Nomination said on Monday that it will soon begin soliciting applications to fill Jones's seat, and will include applicants for the Ciparick vacancy in the process.

Jones, 68, died last week of an apparent heart attack. He was appointed to the Court of Appeals in 2007 and was the fourth black judge in the court's history.

Ciparick, who has reached the mandatory retirement age of 70, will step down Dec. 31. She has served on the high court since 1993.

The retirement of Ciparick, who is Puerto Rican, will leave the court without any minority judges.

In August, the commission, which is comprised of attorneys and retired judges, extended the deadline for applications for Ciparick's seat because fewer people had expressed interest than expected. It will submit a list of candidates by Dec. 1 to Governor Andrew Cuomo, who must fill Ciparick's seat between Jan. 1 and Jan. 15.

Cuomo will receive a list of candidates for Jones's seat by March 7, the commission said, and he will have until early April to fill the seat.

Cuomo, who was elected in 2010, will have the opportunity to name at least four judges to the high court during his first term. Judge Robert Smith must retire at the end of 2014, and Judge Victoria Graffeo's first term on the court will expire that year.

If Cuomo is re-elected in 2014, he will be the first governor since his father, Mario Cuomo, to have the opportunity to appoint the entire court.

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