New York Supreme Court, Appellate Division

 

New York Supreme Court, Appellate Division
Court information
Judges:	60
Salary:	Associates: $245,100
Judicial selection
Method:	Commission-selection, political appointment
Term:	5 years, or end of supreme court term

The New York Supreme Court, Appellate Division

The New York Supreme Court, Appellate Division is the intermediate appellate court in New York. It is the appellate arm of the Supreme Court of the State of New York. The appellate division is composed of four departments.

Each department of the New York Supreme Court, Appellate Division, resolves appeals from the superior courts in civil and criminal cases. The appellate division also reviews civil appeals taken from the lower courts functioning as appellate courts. For the first and second departments, established in New York City, the lower courts are the Appellate Terms. For the third and fourth departments, the lower courts are the county courts. The appellate division can review questions of law and fact, and it can make new findings of fact. The appellate division hears some original cases along with the appeals originating in the lower appellate courts.

The New York Supreme Court, Appellate Division, is the court of last resort in most cases.

• Published decisions of the New York Supreme Court, Appellate Division, can be found at each individual department's website, listed here.

Justices

The judges of the court are referred to as justices. They serve 14-year terms from and including the January 1st following their election to the supreme court and may serve until reaching the mandatory retirement age of 70. The governor of New York appoints justices of the supreme court to the appellate division for five-year terms, restricted by the justices' terms on the supreme court.

First department

The following justices serve in the first judicial department:

Office	Name
New York Supreme Court Appellate Division 1st Department	Margaret A. Chan
New York Supreme Court Appellate Division 1st Department	David Friedman
New York Supreme Court Appellate Division 1st Department	Ellen Gesmer
New York Supreme Court Appellate Division 1st Department	Lizbeth Gonzalez
New York Supreme Court Appellate Division 1st Department	Shlomo Hagler
New York Supreme Court Appellate Division 1st Department	John Higgitt
New York Supreme Court Appellate Division 1st Department	Barbara R. Kapnick
New York Supreme Court Appellate Division 1st Department	Tanya Kennedy
New York Supreme Court Appellate Division 1st Department	Cynthia Kern
New York Supreme Court Appellate Division 1st Department	Sallie Manzanet-Daniels
New York Supreme Court Appellate Division 1st Department	Manuel J. Mendez
New York Supreme Court Appellate Division 1st Department	Marsha Michael
New York Supreme Court Appellate Division 1st Department	Peter H. Moulton
New York Supreme Court Appellate Division 1st Department	Kelly O'Neill Levy
New York Supreme Court Appellate Division 1st Department	Bahaati Pitt-Burke
New York Supreme Court Appellate Division 1st Department	Dianne T. Renwick
New York Supreme Court Appellate Division 1st Department	Julio Rodriguez
New York Supreme Court Appellate Division 1st Department	Llinet Rosado
New York Supreme Court Appellate Division 1st Department	Saliann Scarpulla
New York Supreme Court Appellate Division 1st Department	Martin Shulman
New York Supreme Court Appellate Division 1st Department	Troy K. Webber

Second department

The following justices serve in the second judicial department:

Office	Name
New York Supreme Court Appellate Division 2nd Department	Betsy Barros
New York Supreme Court Appellate Division 2nd Department	Cheryl Chambers
New York Supreme Court Appellate Division 2nd Department	Linda Christopher
New York Supreme Court Appellate Division 2nd Department	Francesca Connolly
New York Supreme Court Appellate Division 2nd Department	Mark C. Dillon
New York Supreme Court Appellate Division 2nd Department	Deborah Dowling
New York Supreme Court Appellate Division 2nd Department	Colleen Duffy
New York Supreme Court Appellate Division 2nd Department	William G. Ford
New York Supreme Court Appellate Division 2nd Department	Lara J. Genovesi
New York Supreme Court Appellate Division 2nd Department	Donna-Marie E. Golia
New York Supreme Court Appellate Division 2nd Department	Phillip Hom
New York Supreme Court Appellate Division 2nd Department	Angela G. Iannacci
New York Supreme Court Appellate Division 2nd Department	Hector D. LaSalle
New York Supreme Court Appellate Division 2nd Department	Larry L. Love
New York Supreme Court Appellate Division 2nd Department	James P. McCormack
New York Supreme Court Appellate Division 2nd Department	Robert J. Miller
New York Supreme Court Appellate Division 2nd Department	Valerie Brathwaite Nelson
New York Supreme Court Appellate Division 2nd Department	Helen Voutsinas
New York Supreme Court Appellate Division 2nd Department	Lillian Wan
New York Supreme Court Appellate Division 2nd Department	Barry E. Warhit
New York Supreme Court Appellate Division 2nd Department	Paul Wooten
New York Supreme Court Appellate Division 2nd Department	Vacant
New York Supreme Court Appellate Division 2nd Department	Vacant
New York Supreme Court Appellate Division 2nd Department	Vacant
New York Supreme Court Appellate Division 2nd Department	Vacant

Third department

The following justices serve in the third judicial department:

Office	Name
New York Supreme Court Appellate Division 3rd Department	Sharon A. M. Aarons
New York Supreme Court Appellate Division 3rd Department	Andrew G. Ceresia
New York Supreme Court Appellate Division 3rd Department	Christine M. Clark
New York Supreme Court Appellate Division 3rd Department	Lisa M. Fisher
New York Supreme Court Appellate Division 3rd Department	Molly R. Fitzgerald
New York Supreme Court Appellate Division 3rd Department	Elizabeth A. Garry
New York Supreme Court Appellate Division 3rd Department	Michael C. Lynch
New York Supreme Court Appellate Division 3rd Department	Michael Mackey
New York Supreme Court Appellate Division 3rd Department	Eddie McShan
New York Supreme Court Appellate Division 3rd Department	Mark L. Powers
New York Supreme Court Appellate Division 3rd Department	Stan L. Pritzker
New York Supreme Court Appellate Division 3rd Department	Vacant

Fourth department

The following justices serve in the fourth judicial department:

Office	Name
New York Supreme Court Appellate Division 4th Department	Tracey A. Bannister
New York Supreme Court Appellate Division 4th Department	John M. Curran
New York Supreme Court Appellate Division 4th Department	Scott DelConte
New York Supreme Court Appellate Division 4th Department	Donald A. Greenwood
New York Supreme Court Appellate Division 4th Department	Craig Hannah
New York Supreme Court Appellate Division 4th Department	Stephen K. Lindley
New York Supreme Court Appellate Division 4th Department	Mark A. Montour
New York Supreme Court Appellate Division 4th Department	Henry J. Nowak
New York Supreme Court Appellate Division 4th Department	E. Jeannette Ogden
New York Supreme Court Appellate Division 4th Department	Nancy E. Smith
New York Supreme Court Appellate Division 4th Department	Lynn Wessel Keane
New York Supreme Court Appellate Division 4th Department	Gerald J. Whalen

Former justices

Note: The following list is not exhaustive. It reflects retired justices for whom we have pages.

Rolando Acosta Richard Andrias Leonard Austin Ruth Balkin John Buckley Anthony Cardona Edward Carni John Centra Jeffrey A. Cohen John Colangelo Joseph Covello Darcel D. Clark Leland DeGrasse Brian F. DeJoseph Eugene Devine Luis Gonzalez Jerome Gorski Samuel Green Sylvia O. Hinds-Radix Marcy L. Kahn Michael Kavanagh John Leventhal Bernard Malone

Salvatore Martoche William Mastro James M. McGuire Howard Miller Karla Moskowitz Eugene Nardelli Patrick H. NeMoyer Elizabeth Pine Gail Prudenti Rosalyn Richter Sheri. S. Roman Phillip R. Rumsey Fred Santucci Rose H. Sconiers Peter Skelos John Sweeny Peter Tom Shirley Troutman Joanne M. Winslow

Judicial selection

See also: Judicial selection in New York

The justices of the New York Supreme Court, Appellate Division are appointed by the governor from among the justices of the New York Supreme Court. As established by executive order in 2011, the governor must appoint justices to the appellate division from a list of recommendations supplied by a judicial screening committee.

Appellate division justices serve five-year terms, or until the end of their supreme court term, whichever comes first. Justices are retained using the same appointment process, and subsequent terms are also five years.

Supreme court justices must retire at the end of the year in which they turn 70 years old; however, retired justices may serve until the end of the year in which they turn 76 years old if they are certified as competent every two years.

Qualifications

To serve on this court, a person must be a resident of New York, must have been admitted to practice law in New York for at least 10 years, and must be at least 18 years old.

Presiding justices

The presiding justice of each appellate division is appointed by the governor from supreme court justices recommended by the judicial screening committee. The presiding justice serves in that capacity for the duration of his or her term.

Vacancies

Midterm vacancies are filled by the same appointment method used at the expiration of a full term. The governor appoints justices to the appellate division from a list of recommendations supplied by a judicial screening committee.

Salary

In 2024, the associate judges of the court received a salary of $245,100, according to the National Center for State Courts.

Ethics

The chief administrator of the courts promulgates rules concerning judicial conduct to set forth ethical guidelines and principles for the conduct of judges and judicial candidates in New York. There are five rules encompassing Part 100 of the rules of the chief administrator of the courts:

• Section 100.1: "A judge shall uphold the integrity and independence of the judiciary."
• Section 100.2: "A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities."
• Section 100.3: "A judge shall perform the duties of judicial office impartially and diligently."
• Section 100.4: "A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations."
• Section 100.5: "A judge or candidate for elective judicial office shall refrain from inappropriate political activity."

The full text of the rules concerning judicial conduct can be found here.

Removal of justices

Justices on the New York Supreme Court, Appellate Division, may be removed in one of three ways:

• By the commission on judicial conduct, subject to review by the court.
• By a two-thirds vote of the New York State Assembly and the New York State Senate.
• By a majority vote of the Assembly to impeach and a two-thirds vote of the court for the trial of impeachments to remove.

State profile

Demographic data for New York
	New York	U.S.
Total population:	19,747,183	316,515,021
Land area (sq mi):	47,126	3,531,905
Race and ethnicity**
White:	64.6%	73.6%
Black/African American:	15.6%	12.6%
Asian:	8%	5.1%
Native American:	0.4%	0.8%
Pacific Islander:	0%	0.2%
Two or more:	2.9%	3%
Hispanic/Latino:	18.4%	17.1%
Education
High school graduation rate:	85.6%	86.7%
College graduation rate:	34.2%	29.8%
Income
Median household income:	$59,269	$53,889
Persons below poverty level:	18.5%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in New York. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in New York

New York voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, 18 are located in New York, accounting for 8.74 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. New York had 14 Retained Pivot Counties and four Boomerang Pivot Counties, accounting for 7.73 and 16.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More New York coverage on Ballotpedia

• Elections in New York
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• More...

See also

New York	Judicial Selection	More Courts
Courts in New York State of New York Court of Appeals New York Supreme Court, Appellate Division	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in New York	Federal courts State courts Local courts

External links

• NYCourts.gov, "New York Supreme Court, Appellate Division"
• NYCourts.gov, "Justices of the First Department"
• NYCourts.gov, "Justices of the Second Department"
• NYCourts.gov, "Justices of the Third Department"
• NYCourts.gov, "Justices of the Fourth Department"

Footnotes

New York courts

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Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York