New York Supreme Court Justice Thomas F. Whelan handed down his decision today granting Plaintiff New York Senator  Anthony  H. Palumbo's motion for a declaration concerning requiring a full floor vote by the Senate on a judicial appointment to the New York Court of Appeals (Decision and Order Download). The Court ordered and declared that pursuant to Article VI sec. 2 (e) of the New York State Constitution, the plaintiff Hon. Anthony H. Palumbo is entitled to a full floor vote before the Senate on a gubernatorial nominee for the Court of Appeals. The Court denied the defendants' motion to dismiss the complaint and rejected their mootness argument, discussing that the same issue will arise with the upcoming nomination process for the Chief Judge vacancy.

Notably, the Court declared unconstitutional the Senate procedure of having the Senate Standing Committee on the Judiciary first vote whether to advance the appointee before the full Senate floor.

A more detailed analysis will follow.