Governor Cuomo to Nominate Justice Eugene M. Fahey to Serve on the New York State Court of Appeals
Governor Andrew M. Cuomo today announced that he will nominate Justice
Eugene M. Fahey to serve on the New York State Court of Appeals, the State’s
highest court. Justice Fahey, a lifelong resident of Buffalo, is currently
an Associate Justice of the Appellate Division (Fourth Judicial Department)
of the New York State Supreme Court. Justice Fahey’s nomination
follows 20 years of service as a New York State justice or judge. He received
the highest possible rating from seven different bar and legal associations
that considered him as a potential nominee to the Court of Appeals. In
addition to his extensive experience serving the New York State court
system, he practiced as a trial attorney and served as a member of the
Buffalo Common Council for a number of years.
“Justice Fahey’s distinguished career, background and years
of service on the bench will make him a formidable member of the Court
of Appeals,” Governor Cuomo said. “His two decades of service
in city, state and appellate courts give him a broad perspective, and
I am confident he will continue in the proud tradition of the Court of
Appeals, providing fairness and justice for all New Yorkers. I am proud
to put forth his nomination to the State Senate.”
“I want to thank the Governor for this opportunity,” Justice
Fahey said. “The New York State Court of Appeals is the preeminent
state court in the nation. To be even considered for this position is
humbling, and to be nominated is a great honor. ”
Justice Fahey has participated in a number of panels and Continuing Legal
Education (CLE) programs on a variety of topics, including commercial
litigation, and has co-authored a chapter on “Contracts for Services”
for the third edition of Haig’s “Commercial Litigation in
New York State Courts,” published in 2010.
While being considered for nomination to the Court of Appeals, Justice
Fahey received the highest rating from the New York State Bar Association,
the New York State Trial Lawyers Association, the Women’s Bar Association
of the State of New York, the Albany County Bar Association, the Broome
County Bar Association, the New York State Academy of Trial Lawyers and
the Tri-County Bar Association (Erie, Monroe and Onondaga).
The Governor is nominating Justice Fahey to fill the seat vacated by Judge
Robert S. Smith, who retired on December 31, 2014. Following the Governor’s
nomination, the Senate has 30 days to confirm Justice Fahey to the position.
Justice Fahey is the fourth person Governor Cuomo has nominated to serve
on the New York State Court of Appeals. Governor Cuomo nominated Justice
Leslie Stein in October 2014, who is currently awaiting confirmation by
the Senate, as well as Judge Sheila Abdus-Salaam and Judge Jenny Rivera,
each of whom were confirmed in 2013.
Governor Cuomo thanked Judge Robert S. Smith for his work on the Court
of Appeals and his dedication to public service to New York State.
The Governor also thanked Judge Judith S. Kaye and the Commission on Judicial
Nomination for recommending an exceptionally talented and highly qualified
group of potential nominees.
About Justice Eugene M. Fahey
Justice Fahey was appointed to the Appellate Division (Fourth Judicial
Department) by Governor Pataki in 2006 and was re-designated by Governor
Paterson in 2009 and Governor Cuomo in 2011. He was elected to the State
Supreme Court in 1996 and was re-elected in 2010. He was also served as
a Buffalo City Court Judge from 1994 to 1996.
Before serving as a judge, Justice Fahey was a trial lawyer in private
practice, specializing in negligence defense and appeals. He also served
on the Buffalo Common Council before and after attending law school –
from 1978 to 1983 and again from 1988 to 1994, becoming Council Member
at Large during both terms.
Justice Fahey has a B.A. in Political Science, a J.D., and an M.A. in
European History, all from the State University of New York at Buffalo.
He clerked in the Court of Claims under Judge Edgar NeMoyer in Buffalo.
In addition to his service to the New York State court system, Justice
Fahey is a member of the New York Bar Foundation, New York State Bar Association,
the Erie County Bar Association, the Women’s Bar Association of
Western New York, the New York State Trial Lawyers Association and SUNY
at Buffalo Law Alumni Association. He is also a member of H.O.M.E. (Housing
Opportunities Made Equal), a fair housing organization based in Buffalo,
the NAACP, Knights of Columbus, Knights of Equity and Ancient Order of
Hibernians.
Justice Fahey is married to Colleen Maroney; they have one daughter, Ann.