State of New York
Commission on Judicial Nomination
54 State Street, 6th Floor
Albany, New York 12207
(518) 689-1492
FAX (518) 689-1499
www.nysegov.com/cjn
E. Leo Milonas, Chair
Robin A. Bikkal
John A. Cirando
Mylan L. Denerstein
Robert L. Haig
H. Dale Hemmerdinger
Russell T. Hernandez
Michael J. Hutter.
Abraham M. Lackman
Kenneth A. Manning
Paul N. Samuels
Dierdre K. Scozzafava
Henry M. Greenberg, Counsel
Cynthia L. Neidl, Deputy Counsel
March 24, 2023
Contact: Henry M. Greenberg, Counsel
Phone: (518) 689-1492
e-mail: greenbergh@gtlaw.com
FOR IMMEDIATE RELEASE
The Commission on Judicial Nomination Releases List of Seven Nominees In Connection with Upcoming Vacancy
Under New York’s Constitution, the Commission on Judicial Nomination is charged
with evaluating, and then recommending to the Governor, candidates to fill vacancies on the
State’s highest court, the Court of Appeals of the State of New York. The Commission
vigorously seeks out, carefully evaluates and then nominates to the Governor well-qualified
candidates from the extraordinary, diverse community of lawyers who have been admitted to
practice in New York State for at least 10 years.
In connection with the vacancy on the Court created by the resignation of Chief Judge
Janet DiFiore, effective August 31, 2022, the Commission today released its Report to the
Governor. The Report contains the names of seven candidates who in the Commission’s
collective judgment are well qualified, by virtue of their character, temperament, professional
aptitude, experience, qualifications and fitness for office, to fulfill the duties of Chief Judge of
the Court of Appeals and the State of New York.
Given the compressed schedule necessitated by the nature of the vacancy, the
Commission’s Report follows a concentrated period of outreach efforts that were conducted
through public announcements and individual solicitations of applications. The Commission’s
outreach also included efforts to build on the substantial body of candidates who initially
applied for the Chief Judge vacancy. These efforts resulted in the Commission’s consideration
of 54 applications for the seven now nominated by the Commission.
The applicant pool was diverse. Of the 54 candidates, 28 (52%) were women and 17
(31%) were of diverse backgrounds. Altogether, the Commission interviewed 25 candidates
for the Chief Judge vacancy (which includes interviews of candidates in November 2022 who
initially applied for the vacancy). Of those 25 candidates, 15 (60%) were women and 12 (48%)
were ethnic minorities or otherwise diverse.
E. Leo Milonas, Chair of the Commission, stated: “I am gratified at the extraordinary
quality and diverse backgrounds of the applicants received by the Commission. That so many
exceptional candidates were motivated to apply demonstrates the remarkable strength and
depth of the legal profession in the State of New York.”
The Commission’s seven nominees (in alphabetical order) to the Governor are:
• Hon. Anthony Cannataro, Associate Judge and Acting Chief Judge, New York
Court of Appeals;
• Hon. Elizabeth A. Garry, Presiding Justice, Appellate Division, Third Department;
• Caitlin J. Halligan, Esq., attorney in private practice (Selendy Gay Elsberg PLLC);
• Corey L. Stoughton, Esq., Attorney-in-Charge, Special Litigation and Law Reform,
The Legal Aid Society;
• Hon. Shirley Troutman, Associate Judge, New York Court of Appeals;
• Hon. Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department;
and,
• Hon. Rowan D. Wilson, Associate Judge, New York Court of Appeals.
By law, the Governor is required to make her appointment from among this list no
sooner than April 8, 2023 nor later than April 23, 2023. The State Senate then, within 30 days
after receipt of the Governor’s choice, must confirm or reject the appointment.
The next vacancy on the Court of Appeals is scheduled to occur on December 31, 2027,
in connection with the expiration of Associate Judge Jenny Rivera’s 14-year term on the Court.
****
State of New York
Commission on Judicial Nomination
March 24, 2023
The Honorable Kathy Hochul
Executive Chamber
State Capitol
Albany, New York 12224
Dear Governor Hochul:
As Chair of the Commission on Judicial Nomination, it is my privilege to report to you on
behalf of the Commission, pursuant to Article 6, Section 2 of the Constitution, and Section 63(3)
of Article 3-A of the Judiciary Law, the names of seven candidates for your consideration for
appointment to the office of Chief Judge of the Court of Appeals and the State of New York. These
candidates in the collective judgment of the Commission are well qualified, by virtue of their
character, temperament, professional aptitude, experience, qualifications and fitness for office, to
discharge the duties of that high office. The vacancy in that office is the result of the resignation
of Chief Judge Janet DiFiore, effective August 31, 2022.
The work underlying this report — the second for the current Chief Judge vacancy — was
triggered by the Clerk of the Court of Appeals notifying the Commission, by letter dated February
17, 2023, that such vacancy continued to exist following the Senate’s rejection of a previously
nominated individual. This obliged the Commission to take up the task anew of seeking
recommendations and applications of persons who are qualified to serve as Chief Judge of the
Court of Appeals, as well as Chief Judge of the State of New York.
Under Section 68(2) of the Judiciary Law, the Commission had 120 days from February
17, 2023 to solicit candidates, conduct its investigations, and complete its deliberations. (This is a shorter period than the time allowed for the Commission to complete the process in connection
with scheduled vacancies that occur due to the completion of a Judge’s term.) However, the
Commission has been mindful of the extraordinary circumstance that Chief Judge DiFiore resigned
nearly seven months ago, and the need to ensure her vacancy is swiftly filled. Accordingly, the
Commission has promptly discharged its Constitutional and statutory responsibilities, especially
given “the unique responsibilities of the chief judge of the court of appeals for policies of judicial administration.” N.Y. Judiciary Law § 63(2)(a).
At the same time, the Commission was obliged to, and did, take steps to seek out the largest
number of well-qualified applicants, consistent with the Commission’s mandate to “conduct broad
outreach to encourage wide participation in the application process.” 22 N.Y.C.R.R. § 7100.6. The
Commission for a second time disseminated statewide notice of the vacancy and application
procedure, including to the media, bar associations, New York law schools, and members of the
judiciary. The notice also announced that candidates who previously submitted applications for
the Chief Judge vacancy, would again be considered by the Commission, without the need for such
applicants to resubmit their prior application materials. The Commission also engaged in
individual solicitation of applications by qualified candidates.
Furthermore, the Commission extended its original deadline for submitting applications
for this vacancy from March 7, 2023 to March 10, 2023 to ensure that the size and composition of
the pool of applicants represented the broadest possible spectrum of qualified candidates, and
provide applicants additional time to complete their applications.
The Commission’s outreach efforts were successful. Fifteen new candidates submitted
applications. These applications, along with 39 candidates that previously applied,1 provided the
Commission with a pool of 54 candidates to consider for the Chief Judge vacancy. Of the 54
candidates, 28 (52%) were female and 17 (31%) were of diverse backgrounds.
The Commission met on March 22 and 23, 2023 to conduct interviews of 14 candidates (8
newly applied and 6 previously interviewed in November 2022) and relied on the prior interviews
of 9 candidates. Of the 14 candidates, 9 (64%) were female and 6 (43%) were ethnic minorities.
Altogether, the Commission interviewed 25 candidates for the Chief Judge vacancy (which
includes interviews of candidates in November 2022 who initially applied for the vacancy). Of
those 25 candidates, 15 (60%) were female and 10 (40%) were ethnic minorities. The Commission
interviewed candidates from around the State, of varying personal and professional backgrounds,
and drawing from the bench, the practicing bar and academia.
1 Two of the 41 applicants that originally applied for the Chief Judge DiFiore vacancy withdrew their names from consideration following the Commission’s second call for applicants on February 17, 2023.
Consistent with past practice, Commission staff investigated the qualifications of the
applicants. The result of each investigation was reported to the Commission and discussed before
and after the interviews. The Commission sought by its investigations and interviews to address
each candidate’s character, temperament, professional aptitude, experience, qualifications and
fitness for office.
The Commission’s seven nominees (in alphabetical order) to the Governor are as follows:
• Hon. Anthony Cannataro, Associate Judge and Acting Chief Judge, New York Court
of Appeals;
• Hon. Elizabeth A. Garry, Presiding Justice, Appellate Division, Third Department;
• Caitlin J. Halligan, Esq., attorney in private practice (Selendy Gay Elsberg PLLC);
• Corey L. Stoughton, Esq., Attorney-in-Charge, Special Litigation and Law Reform,
The Legal Aid Society;
• Shirley Troutman, Associate Judge, New York Court of Appeals;
• Hon. Gerald J. Whalen, Presiding Justice, Appellate Division, Fourth Department; and,
• Rowan D. Wilson, Associate Judge, New York Court of Appeals.
Each candidate recommended for the Office of Chief Judge has been interviewed by the
Commission and each has filed the financial statement required by law, which is being transmitted
to you separately. A summary of the careers of the recommended candidates is attached.
Section 66(2) of the Judiciary Law provides that “[t]he governor shall have access to all
papers and information relating to persons recommended to him by the commission.” At your
request, the Commission will furnish you with any such material or information, which requests
should be directed to the Commission’s Counsel, Henry M. Greenberg.
Thank you.
Respectfully,
E. Leo Milonas
Chair
NOMINEE BIOGRAPHIES (in alphabetical order):
Hon. Anthony Cannataro
Hon. Anthony Cannataro, Associate Judge of the New York Court of Appeals and Acting
Chief Judge, was found by the Commission to be well qualified for the position of Chief Judge
based on his character, temperament, professional aptitude, experience, qualifications and fitness
for office. He was previously nominated by the Commission for the position of Chief Judge of the
Court of Appeals in 2022. He was interviewed by the Commission for the Chief Judge vacancy
on November 21, 2022.
Judge Cannataro was born in 1965 and received his undergraduate degree from Columbia
University (cum laude) in 1993. He graduated from New York Law School (cum laude) in 1996.
Upon graduation from law school, he served as an Assistant Corporation Counsel in the Manhattan
Trial Unit of the New York City Law Department. He served as a law clerk to Hon. Carmen Beauchamp Ciparick, an Associate Judge of the Court of Appeals from 2000 to 2003 and Hon. Lottie E. Wilkins in Supreme Court, New York County from 2003 to 2011. In 2011, he was elected a Judge of the New York City Civil Court, New York County, and was Acting Judge of the Family Court in Kings County from 2012 through 2013. He then sat in the New York City Civil Court, Bronx County, from 2014 through 2015. In 2016, he was appointed Supervising Judge of New York City Civil Court, New York County. In 2017, he was elected a Justice of the Supreme Court from the First Judicial District, and, commencing in 2018, served as Citywide Administrative Judge for the Civil Court of the City of New York. On May 25, 2021, Governor Andrew M. Cuomo nominated him to the Court of Appeals, and the New York State Senate confirmed his appointment on June 8, 2021.
Judge Cannataro previously served as Co-Chair of the Richard C. Failla LGBTQ Commission of the New York State Courts and is a Commissioner on the Commission to Reimagine the Future of New York’s Courts. He has served on various committees in several bar
associations, including the New York State Bar Association and New York County Lawyers
Association.
Hon. Elizabeth A. Garry
Hon. Elizabeth A. Garry, the Presiding Justice of the Appellate Division, Third
Department, was found by the Commission to be well qualified for the position of Chief Judge
based on her character, temperament, professional aptitude, experience, qualifications and fitness
for office. She was interviewed by the Commission for the Chief Judge vacancy on November 21,
2022 and March 22, 2023.
Presiding Justice Garry was born in 1962 and received her B.A. from Alfred University in
1984, She graduated from Albany Law School in 1990. She served as Confidential Law Clerk to
the Honorable Irad S. Ingraham, Justice of the Supreme Court, from 1990 to 1994. She engaged
in private practice with the Joyce Law Firm from 1994 to 2006 and served as a Mortgage
Foreclosure Referee from 1995 to 2001, and Town Justice in the Town of New Berlin, Chenango
County from 2001 to 2005. In 2006, she was elected a Justice of the Supreme Court from the Sixth
Judicial District, and appointed to the Appellate Division, Third Department, in 2009, and as
Presiding Justice of that Court in 2018.
Justice Garry is a Trustee of Albany Law School, member of the Richard C. Failla LGBTQ
Commission of the State Courts, and board member of the International Association of LGBTQ+
Judges.
Caitlin J. Halligan, Esq.
Hon. Caitlin J. Halligan, a partner at the law firm of Selendy Gay Elsberg PLLC, was found
by the Commission to be well qualified for the position of Chief Judge based on her character,
temperament, professional aptitude, experience, qualifications and fitness for office. She was
previously nominated by the Commission for the positions of Chief Judge of the Court of Appeals
in 2015 and Associate Judge in 2015, 2016 and 2021 (twice). She was interviewed by the
Commission for the current Chief Judge vacancy on March 23, 2023.
Ms. Halligan was born in 1966 and received her undergraduate degree from Princeton
University in 1988. She graduated from Georgetown University Law Center (magna cum laude)
in 1995, where she was Managing Editor of the Georgetown Law Review. Upon graduation from
law school, she served as Law Clerk to Hon. Patricia Wald of the United States Court of Appeals
for the District of Columbia Circuit from 1995 to 1996 and Hon. Stephen Breyer, Associate Justice
of the Supreme Court of the United States from 1997 to 1998. She also served as an associate at
Wiley, Rein, and Fielding in Washington, D.C. from 1996 to 1997 and Howard, Smith & Levin in
New York City from 1998 to 1999.
From 1999 to 2000, Ms. Halligan served as head of the Internet Bureau in the Office of the
New York State Attorney General. In 2001, she became First Deputy Solicitor General for the
State of New York, and from 2001 to 2007 served as Solicitor General for the State of New York.
Ms. Halligan returned to private practice in 2007 as a partner at Weil, Gotshal & Manges LLP. In
2009, she became General Counsel to the New York County District Attorney’s Office. She
remained in that post until 2013, when she became a partner at the law firm of Gibson, Dunn &
Crutcher LLP. In 2019, she joined Selendy Gay Elsberg PLLC.
Ms. Halligan is a member of the American Law Institute and fellow of the American
Academy of Appellate Lawyers. She served on the board of Princeton-in-Asia from 2017-2021.
She currently teaches several classes as a Lecturer on Law at Harvard Law School, including a
first-year course on statutory interpretation and administrative law, a workshop on Supreme Court
and appellate advocacy, and a seminar on states and public law; next fall, she is teaching a course
on state constitutionalism. She previously taught at Columbia Law School and Georgetown Law
Center.
Corey Lynn Stoughton, Esq.
Corey Lynn Stoughton, Attorney-in-Charge, Special Litigation and Law Reform, The
Legal Aid Society, was found by the Commission to be well qualified for the position of Chief
Judge of the Court of Appeals based on her character, temperament, professional aptitude,
experience, qualifications, and fitness for office. She was previously nominated by the
Commission for the positions of Associate Judge of the Court of Appeals in 2021, and Chief Judge
in 2022. She was interviewed by the Commission for the Chief Judge vacancy on November 21,
2022.
Ms. Stoughton was born in 1976 and received her undergraduate degree from the
University of Michigan (with high honors) in 1998. She graduated from Harvard Law School
(magna cum laude) in 2002, where she was Lead Submissions Editor of the Harvard Civil Rights-
Civil Liberties Law Review and President and Founding Member of the American Constitution
Society, Harvard Chapter. She also received the 2002 Dean’s Award for Community Leadership.
Upon graduation from law school, she served as a law clerk for the Honorable Cornelia G.
Kennedy of the United States Court of Appeals for the Sixth Circuit. She also was a civil rights
fellow at Relman & Associates and a Karpatkin Fellow at the American Civil Liberties Union.
From 2005 to 2015, Ms. Stoughton was a senior supervising attorney at the New York Civil
Liberties Union. From 2007 to 2015, she was an adjunct clinical professor at New York University
School of Law, where she taught the New York Civil Liberties Clinic. In 2015, she became senior
counsel to the Assistant Attorney General for Civil Rights at the United States Department of
Justice, Civil Rights Division. She remained in that post until 2017, when she became the
advocacy director and acting director of UK Liberty (National Council for Civil Liberties). In
2020, she joined The Legal Aid Society as its Attorney-in-Charge, Special Litigation and Law
Reform.
Hon. Shirley Troutman
Hon. Justice Shirley Troutman, an Associate Justice of the Court of Appeals, was found by
the Commission to be well qualified for the position of Chief Judge based on her character,
temperament, professional aptitude, experience, qualifications and fitness for office. She was
interviewed by the Commission for the Chief Judge vacancy on November 22, 2022 and March
22, 2023.
Justice Troutman was born in 1959 and received her undergraduate degree from the State
University of New York at Buffalo in 1982. She graduated from Albany Law School in 1985.
From 1986 to 1989, she served as an Assistant District Attorney with the Office of the Erie County
District Attorney. From 1989 to 1992, she served as an Assistant Attorney General with the Office
of the New York State Attorney General. From 1992 through 1994, she served as an Assistant
United States Attorney for the United States Attorney’s Office for the Western District of New
York. From 1994 to 2002, she served as a City Court Judge for the City of Buffalo. From 2003
to 2009, she served as an Acting Supreme Court Justice for Erie County. In 2009, she was elected
a Justice of the Supreme Court from the Eighth Judicial District, and was appointed to the
Appellate Division, Fourth Department in 2016. In November of 2021, Governor Kathy Hochul
nominated her to serve on the New York State Court of Appeals, and the New York State Senate
confirmed her appointment on January 12, 2022.
Justice Troutman has served as an Adjunct Professor at Buffalo State College and SUNY
Buffalo Law School. She has taught seminars regarding diversity and inclusion in the courts, New
York criminal and civil law and procedure, and judicial ethics. Justice Troutman is currently co-
Chair of the Franklin Williams Commission, and is President-Elect of the National Association of
Women Judges, New York Chapter.
Hon. Gerald J. Whalen
Hon. Gerald J. Whalen, the Presiding Justice of the Appellate Division, Fourth Department,
was found by the Commission to be well qualified for the position of Chief Judge based on his
character, temperament, professional aptitude, experience, qualifications and fitness for office. He
was previously nominated by the Commission for the position of Associate Judge of the Court of
Appeals in 2017. He was interviewed by the Commission for the current Chief Judge vacancy on
March 22, 2023.
Presiding Justice Whalen was born in 1956 and received his undergraduate degree from
Canisius College in 1977. He graduated from SUNY Buffalo Law School in 1983. Following law
school, he became an associate at Offerman, Mahoney, Cassano, Pigott, Greco & Whalen, where
he became partner in 1988. From 1993 to 2001 he was principal trial counsel in the defense and
prosecution of personal injury, labor law, products liability, complex commercial and criminal
matters as a shareholder at Williams, Stevens, McCarville & Frizzell, P.C., and then at Hiscock &
Barclay, LLP, where he was a partner until 2005 and served on the firm’s Diversity Committee.
In 2006, he was elected a Justice of the Supreme Court from the Eighth Judicial District, and was
appointed to the Appellate Division, Fourth Department in 2012, and as Presiding Justice of that
Court in 2016.
Presiding Justice Whalen has served as an Adjunct Professor and member of the Pre-Law
Advisory Committee at Canisius College, and a lecturer on constitutional law at SUNY Buffalo.
He was elected and served as President of the Supreme Court Justices Association, Eighth Judicial
District, in 2012. He also served as Chair of the Bar Association of Erie County Judges’
Committee from 2011 to 2012. From 2002 to 2012, he served on the Fourth Department, Eighth
Judicial District Committee on Character and Fitness. For twenty-five years, he was a member of
the Judge John J. Hillery Memorial Scholarship Foundation, which provides scholarships for
students in need.
Hon. Rowan D. Wilson
Hon. Rowan D. Wilson, an Associate Justice of the Court of Appeals, was found by the
Commission to be well qualified for the position of Chief Judge based on his character,
temperament, professional aptitude, experience, qualifications and fitness for office. He was
previously nominated by the Commission for the position of Chief Judge of the Court of Appeals
in 2015, and Associate Judge in 2013, 2014 (twice), and 2015. He was interviewed by the
Commission for the current Chief Judge vacancy on November 22, 2022 and March 23, 2023.
Mr. Wilson was born in 1960 and received his undergraduate degree (cum laude) from
Harvard College in 1981. He graduated from Harvard Law School (cum laude) in 1984, where
he was a member of the Civil Rights/Civil Liberties Law Review. Following law school, from
1984 to 1986, Mr. Wilson served as Law Clerk to Hon. James R. Browning, Chief Judge of the
United States Court of Appeals for the Ninth Circuit. He then joined Cravath, Swaine & Moore
LLP as an associate, and became a partner in 1992. On January 15, 2017, Governor Andrew M.
Cuomo nominated him to serve on the New York Court of Appeals, and the New York State
Senate confirmed his appointment on February 6, 2017.
While in private practice, Judge Wilson handled numerous pro bono matters. He also
served as Trustee for the Lawyers Committee for Civil Rights Under Law and for the National
Center for Law and Economic Justice, and for twenty-one years as Chairman of the Neighborhood
Defender Service of Harlem, which provides legal representation and community-based public
defense services to the Harlem community.
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