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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.