Tag: judiciary

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Past President Vincent Chang Quoted in Law360 Article on Prof. Rivera

Rivera Flap Shows NY High Court Picks Can Expect Scrutiny
By Pete Brush
Law360, New York (February 11, 2013, 8:02 PM ET) – The New York State Senate confirmed law professor Jenny Rivera to the state’s highest court Monday on a voice vote, but a bitter debate over her resume signals to Gov. Andrew Cuomo that upcoming judicial nominees can expect heightened scrutiny, especially if they don’t have bench experience.

Rivera, a law professor at the City University of New York, becomes the first judge ever in the Empire State to leap straight to the New York Court of Appeals from academia.

An expert in Hispanic and women’s civil rights issues, Rivera replaces the court’s first and only Hispanic judge, Carmen Beauchamp Ciparick, who was forced to retire at the end of 2012 after reaching the age of 70.

“Professor Rivera has dedicated her career to public service,” Cuomo said after the vote. “Her extensive experience in civil rights law and her passion for making our state a fairer and more just place will greatly benefit New York.”

That Rivera’s Senate confirmation came on a voice vote suggested Republican opposition wasn’t uniform, experts said. But that didn’t stop several influential Republicans, including Middletown, N.Y., Republican John J. Bonacic from taking to the Senate floor in opposition.

“To put someone who has such narrow legal experience on the highest court of this state for 14 years … and pass over other highly qualified nominees is not something that I can support,” said Bonacic, whose judiciary panel advanced Rivera’s nomination without recommendation after a testy Feb. 4 hearing that was carried over until the next day.

Bonacic was referring to a list of seven candidates, sent to Cuomo by the State of New York’s Commission on Judicial Nomination on Dec. 1, that included three state appellate division judges and two practicing attorneys.

“The nominee has a very limited law practice experience,” said Bonacic, adding that he had “concerns that she will be prone to judicial activism.”

Even though they didn’t have the votes to mount a serious challenge, Republicans are making it clear they will do what they can to make sure Cuomo doesn’t steamroll them at every turn, according to Pace University law professor Randolph M. McLaughlin, who also works as of counsel on civil rights matters at Newman Ferrara LLP.

“The Republicans were trying to send Cuomo a message, that they’re not a rubber stamp,” he said. “My gut instinct tells me, given the range of folks he has in the wings, that Cuomo will pick a sitting judge next.”

Cuomo won’t have to wait long before his next pick. After Rivera is sworn in, she will become the only the sixth sitting member on a court that is supposed to have seven judges.

The court had been operating with a relative skeleton crew of five judges after Ciparick’s retirement and the Nov. 6 death of Judge Theodore T. Jones. A slate of nominees to replace Jones is due to hit Cuomo’s desk in early March.

“If Cuomo doesn’t want to go through this brouhaha again, he’ll pick someone who is a judge,” McLaughlin said.

Cuomo also may find himself under heavy pressure to replace the deceased Jones, the court’s lone black judge, with another African-American, according to Albany Law School professor Vincent M. Bonventre.

“I will be shocked if the next list doesn’t have two or three African-Americans on it,” Bonventre said.

While Republicans attacked Rivera for a lack of experience, McLaughlin noted they also took issue with her academic writings, in which she espouses progressive views on civil rights, racial justice and women’s issues.

“They were trying to knock her down, embarrass her, or get her to say something stupid,” McLaughlin said. “It was pretty embarrassing to see her raked over the coals.”

The charge that Rivera lacks experience is not necessarily fair, according to experts, including Wollmuth Maher & Deutsch LLP<http://www.law360.com/firm/wollmuth-maher> partner Vince Chang, who heads the New York County Lawyers Association’s federal courts committee chair.

“A lot of people say the criticism of her experience was just a pretext,” Chang said, noting that state bar associations went over her record carefully and universally recommended her qualifications. “Many very fine judges were professors.”

Opposition to Rivera’s nomination didn’t come exclusively from Republicans on Monday. One of the state Senate’s mavericks, Bronx Democrat Ruben Diaz, said Cuomo, in nominating Rivera, seemed keen on pitting Hispanics against the state’s Republicans.

Diaz, an outspoken and often bombastic critic of Cuomo, added that past Hispanic nominees for other high offices in the U.S. didn’t receive the same support from New York’s Latino population when they were nominated by Republicans, including former President George W. Bush.

“Where were you when George Bush nominated Alberto Gonzales and Miguel Estrada?” Diaz asked his Latino counterparts from the Senate floor.

Overall the proceedings were a departure from the state Senate’s typical Court of Appeals approval process, which over the decades has been staid, with one or two minor exceptions, Bonventre said.

A fierce critic of state Senate inaction on high court nominees, Bonventre applauded the Legislature for subjecting Rivera to tough questions.

“They’ve made it clear to the governor that he can’t just nominate anybody and expect them to roll over,” Bonventre said. “They’re obviously going to start taking their constitutional responsibility more seriously than they have in the past. In the past, they have been complete rubber stamps.”

–Editing by John Quinn and Richard McVay.
All Content © 2003-2013, Portfolio Media, Inc.

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Press Release: AABANY Celebrates the Appointment of the Hon. Justice Randall T. Eng

The Asian American Bar Association of New York (AABANY) and the AABANY Judiciary Committee celebrate the historic appointment of the Honorable Justice Randall T. Eng as Presiding Justice of the New York Supreme Court Appellate Division, Second Department with a celebratory community dinner.

Justice Eng will be the guest of honor at a celebratory dinner to be held Thursday, January 31, 2013.  The dinner will bring together Asian American organizations from all over New York, including Chinatown-based civic groups, Asian Americans in law enforcement, lawyers, judges, law students, and friends.  The dinner will be held at 6:30P.M. at Delight 28 Restaurant, 28 Pell Street New York, New York 10013.

Justice Eng is the first Asian American to serve as a Presiding Justice in New York State’s history.  With this appointment, Justice Eng adds to his long list of notable ‘firsts,’ such as being the first Asian Pacific American Assistant District Attorney in the State of New York, for which the AABANY Prosecutors’ Committee honored him at its third anniversary reception in 2011.

“Justice Eng has demonstrated strong leadership and exceptional jurisprudential skill at every level in our court system and will do so as Presiding Justice.  Moreover, as an Asian American trailblazer, Justice Eng is an inspiration to the Asian American bar and the Asian American community at large,” said Vincent Chang, Co-Chair of AABANY’s Judiciary Committee.

To read the full text of the press release go to: http://aabany.org/associations/6701/files/PR%20-%20AABANY%20-%20Randall%20Eng%20dinner_final.pdf

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NAPABA Applauds the Appointment of Judge Carla Wong McMillian To The Georgia Court of Appeals

WASHINGTON – Yesterday, Georgia Governor Nathan Deal appointed Judge Carla Wong McMillian to be a judge on the Georgia Court of Appeals. Judge McMillian is the first Asian Pacific American state appellate court judge to be appointed in the Southeast Region of the United States.

“We applaud Governor Deal for this historic appointment,” stated Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “Judge McMillian has distinguished herself on the Georgia trial court bench, and we believe that all of Georgia benefits from having a highly qualified and diverse Court of Appeals.”

Judge McMillian has been a state court judge in Fayette County, Georgia since 2010. In 2012, she became the first Asian Pacific American female judge to be elected in Georgia. Prior to Judge McMillian’s appointment to the bench, she was a partner at the law firm of Sutherland, Asbill & Brennan LLP, where she focused on complex litigation. She has been listed as a “Rising Star” in Georgia Super Lawyers in 2007 and 2010. NAPABA recognized her as one of its “Best Lawyers Under 40” in 2012. Judge McMillian is a proud Georgian, whose grandparents immigrated to the United States from China in the 1920s and whose mother is from Hong Kong.

NAPABA congratulates Judge McMillian on her appointment and commends Governor Deal for his initiative in diversifying the judiciary.

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Governor Nominates Jenny Rivera, Professor at CUNY Law School, to Serve on NYS Court of Appeals

State of New York | Executive Chamber
Andrew M. Cuomo | Governor
For Immediate Release: January 15, 2013

GOVERNOR CUOMO ANNOUNCES NOMINATION FOR COURT OF APPEALS

Governor Nominates Jenny Rivera, Professor at CUNY Law School, to Serve on NYS Court of Appeals

Governor Andrew M. Cuomo today nominated Jenny Rivera, Professor at the City University of New York School of Law, to serve on the New York State Court of Appeals.

Professor Rivera, a longtime Bronx resident and New York native, has had a long and distinguished career in public service. She has held many varied positions, as a staff attorney at Legal Aid Society of New York City, as an Associate Counsel for the Puerto Rican Legal Defense and Education Fund (renamed Latino Justice PRLDEF), and served as a law clerk to the Honorable Sonia Sotomayor at the U.S. District Court for the Southern District of New York. She was Commissioner of the NYC Commission on Human Rights from 2002 to 2007. In 2007 she joined the Office of New York State Attorney General Andrew Cuomo as Special Deputy Attorney General for Civil Rights.

“Throughout her career, Professor Rivera has worked to defend the legal rights of all New Yorkers and make our state a fairer, more just place to live,” Governor Cuomo said. “As a Judge on the Court of Appeals, Professor Rivera’s legal expertise and passion for social justice will serve all New Yorkers well, and I am proud to send her nomination to the Senate today.”

Professor Rivera said, “I am deeply honored to be nominated by Governor Cuomo to serve on our Court of Appeals. As a lifetime New Yorker, this nomination is a special opportunity for me to continue to serve the people of New York. As a member of the Court of Appeals, I will work each day to uphold the laws of the state and advocate for fairness and justice, and I thank the Governor for this opportunity.”

This year, Professor Rivera will receive the Spirit of Excellence Award from the American Bar Association’s Commission on Racial and Ethnic Diversity in the Profession. In 2012, she received the New York State Bar Association (NYSBA) Diversity Trailblazer Lifetime Achievement Award, and in 2011 received the NYSBA Kay Crawford Murray Award. She is a graduate of Princeton University, and received her J.D. from the New York University School of Law and her LL.M, from Columbia University School of Law.

U.S. Representative Nydia Velazquez said, “The nomination of Jenny Rivera to serve on the Court of Appeals is great news for all New Yorkers. Professor Rivera is a true public servant, and has spent her entire career as a strong, committed advocate for justice and fairness. Her legal knowledge, talents, and vast expertise will be highly valued on the Court of Appeals, and I commend Governor Cuomo for this nomination.”

Seymour W. James, Jr., President of the New York State Bar Association, said, “Jenny Rivera would bring to the Court of Appeals her keen intellect, insightful legal scholarship and a commitment to equal justice for all New Yorkers. The State Bar Association has rated her as well qualified for the position. In 2012, she won our Diversity Trailblazer Lifetime Achievement Award and, in 2010, she was the recipient of our Kay Crawford Murray Award. Her professional achievements also are being recognized in February by the American Bar Association with its prestigious Spirit of Excellence Award.”

Peter M. Reyes, Jr., Hispanic National Bar Association National President, said, “By appointing Jenny Rivera to serve on the Court of Appeals, Governor Cuomo is selecting one of New York’s sharpest legal minds to the highest bench in the state. Professor Rivera’s qualifications, lifetime dedication to public service, and reputation as a legal scholar and neutral advocate render her the right choice for the Court of Appeals. We commend the Governor for this nomination.”

Elena Goldberg Velazquez, President of the Puerto Rican Bar Association, said, “I commend Governor Cuomo for nominating Jenny Rivera to serve on the State Court of Appeals. Professor Rivera is one of New York’s most gifted legal minds, and with this appointment, Governor Cuomo is nominating an extraordinarily qualified Latina to New York State’s highest court. Professor Rivera has been one of the most active and longstanding members of the Puerto Rican Bar Association and we are very proud of her. Throughout her career, Professor Rivera has fought for justice and social inclusion, and all New Yorkers will benefit from her voice and commitment to fairness.”

Matthew Goldstein, Chancellor of the City University of New York, said, “We commend Governor Cuomo for the inspiring appointment of CUNY Law School Professor Jenny Rivera, a highly regarded scholar and teacher who will bring an impressive breadth of professional experience and judgment to the New York State Court of Appeals. On behalf of the entire community of The City University of New York, we extend our warmest congratulations.”

Michelle J. Anderson, Dean of the CUNY School of Law and Professor of Law, said, “Professor Rivera’s deep understanding and grasp of the law, as well as her temperament and integrity, make her an ideal selection to serve New Yorkers on the state’s highest court. For the years she taught our students at CUNY School of Law, Professor Rivera was a role model and example of an individual who put service to others before all else, and whose passion for equality, justice, and fairness was evident in everything she did. We commend Governor Cuomo for nominating Professor Rivera to the Court of Appeals, and look forward to her swift confirmation.”

John Sexton, President of New York University, said, “The nomination of Professor Jenny Rivera, a 1995 graduate of NYU Law School where she was a Root Tilden scholar and a former law clerk to Justice Sonya Sotomayor, does us all proud. I have known Jenny since her time at NYU where she was a student of mine in the Root Tilden Scholarship Program, which I directed. Back then, Professor Rivera was an impressive student who possessed a first rate intellect and a deep sense of compassion. Since her graduation from law school, Professor Rivera has been a distinguished member of the bar, a champion of civil rights and social justice, and at various times a dedicated public servant. If confirmed, her addition to the New York Court of Appeal as an Associate Justice will benefit all the People of this State as well as those who look to our Courts for justice. NYU commends Governor Cuomo for his excellent selection and congratulates Professor Rivera and her family.

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APALA-NJ Applauds Gov. Christie’s Nomination of New Jersey Sup. Ct. Judge David F. Bauman

On December 10, 2012, Governor Chris Christie nominated Judge David F. Bauman to a seat on New Jersey’s highest court. Judge Bauman would be the first Supreme Court Justice of Asian Pacific American (APA) descent in the history of New Jersey.

“This is a proud day for the APA community. APALA-NJ commends Governor Christie for nominating yet another highly qualified APA candidate to the State’s highest court,” said Paul K. Yoon, President of APALA-NJ.

Read the full press release here.

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Press Release: AABANY WELCOMES AND APPLAUDS THE CONFIRMATION OF LORNA G. SCHOFIELD TO THE SOUTHERN DISTRICT OF NEW YORK

FOR IMMEDIATE RELEASE
Contact Yang Chen, Executive Director, (718) 228-7206

NEW YORK – December 14, 2012 – The Asian American Bar Association of New York (“AABANY”) welcomes and applauds the historic confirmation of Lorna G. Schofield to the Southern District of New York.  On December 13, the United States Senate confirmed Lorna Schofield by a 91-0 vote to the United States District Court for the Southern District of New York.  She is the first person of Filipino descent to serve as an Article III judge in American history.

“AABANY congratulates Ms. Schofield on her historic confirmation as a federal judge for the Southern District of New York and is proud to have supported her candidacy,” said Jean Lee, President of the Asian American Bar Association of New York.  “We applaud President Obama and Senator Schumer for nominating such a highly-qualified jurist and continuing their commitment to a well-qualified and diverse federal bench.” Ms. Schofield’s life story is the epitome of the “American Dream.”  Growing up in New Haven, Indiana, she was the only child of a Filipina war bride who married an American service man.  She was raised by her mother, who came to the United States and became a pharmacist, stressing hard work, achievement, independence and self-sufficiency.  Ms. Schofield lived in a predominantly Caucasian and blue collar community, where there was little ethnic diversity.  Despite the odds against her, Ms. Schofield went on to graduate Phi Beta Kappa and magna cum laude from Indiana University.  Thereafter, she graduated from New York University School of Law, where she was an editor of the Law Review and a Pomeroy Scholar.  Ms. Schofield’s achievements clearly did not stop there.

Prior to joining the bench, Judge Schofield practiced at the New York law firm of Debevoise & Plimpton for over 20 years.  In 1991, she became the firm’s first partner of color, and, for the past year, has served as Of Counsel to the firm.  Before joining Debevoise, she served as an Assistant United States Attorney for the Southern District of New York (Criminal Division) for four years.  Ms. Schofield was also the first Asian Pacific American to chair the Litigation Section of the American Bar Association, and she previously served as a member of the ABA’s Standing Committee on the Federal Judiciary.  In 2008, the National Law Journal named Ms. Schofield one of the nation’s 50 most influential minority lawyers.

“With her confirmation, Ms. Schofield joins the growing number of distinguished Asian Pacific Americans who have been recognized for service on our federal courts,” said Theodore K. Cheng, Co-chair of AABANY’s Judiciary Committee.  “Although Asian Pacific Americans remain significantly under-represented at all levels in the Federal Judiciary, President Barack Obama should be commended for his tireless dedication to increasing diversity on the federal bench, and we thank Senator Charles E. Schumer for recommending her to the President.”

Judge Schofield is only the second Asian Pacific American to serve on the Southern District bench, and she will join Judge Kiyo A. Matsumoto of the Eastern District of New York as the only Article III judges of Asian descent serving anywhere in the federal district courts of New York.  While Asian Pacific Americans make up approximately 14 percent of New York City’s population, only two of the over 90 active and senior Article III judges currently serving in the Southern and Eastern Districts of New York are Asian Pacific Americans.  The nomination of another well-qualified Asian Pacific American, Pamela K. Chen, awaits a vote on the floor of the United States Senate.  Senator Schumer recommended Ms. Chen for a seat on the Eastern District of New York, and President Obama nominated her in August 2012.

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The Asian American Bar Association of New York was formed in 1989 as a not-for-profit corporation to represent the interests of New York Asian-American attorneys, judges, law professors, legal professionals, paralegals and law students.  The mission of AABANY is to improve the study and practice of law, and the fair administration of justice for all by ensuring the meaningful participation of Asian Americans in the legal profession.

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Press Release: NAPABA AND AAJC APPLAUD LORNA SCHOFIELD’S CONFIRMATION TO THE SOUTHERN DISTRICT OF NEW YORK

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http://www.mailboto.com/ulscommon/F210/aajclogo012312.jpg

FOR IMMEDIATE RELEASE
December 13, 2012

NAPABA Contact: Emily Chatterjee (202) 775-9555
AAJC Contact: Kimberly Goulart (202) 499-7027

NAPABA AND AAJC APPLAUD LORNA SCHOFIELD’S CONFIRMATION TO THE SOUTHERN DISTRICT OF NEW YORK

WASHINGTON – Today the United States Senate confirmed Lorna Schofield by a 91-0 vote to a seat on the United States District Court for the Southern District of New York. She is the first person of Filipino descent to serve as an Article III judge in American history.

“NAPABA congratulates Lorna Schofield on her confirmation as a federal district judge on the Southern District of New York and is proud to have supported her nomination and confirmation,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “We applaud President Obama and Senator Schumer for nominating Judge Schofield to this critical court, and continuing their commitment to nominating well-qualified, diverse candidates to the federal bench.”

Prior to joining the bench, Judge Schofield practiced law at the New York law firm Debevoise & Plimpton for over 20 years. In 1991, she became the firm’s first partner of color and for the past year has served as Of Counsel. Prior to joining Debevoise, she was an Assistant United States Attorney for the Southern District of New York (Criminal Division) for four years. Ms. Schofield was the first Asian Pacific American to chair the Litigation Section of the American Bar Association, and she previously served as a member of the ABA’s Standing Committee on the Federal Judiciary. In 2008, the National Law Journal named Ms. Schofield one of the nation’s 50 most influential minority lawyers.

“We congratulate Lorna Schofield on her confirmation and commend President Obama and Senator Schumer for their commitment to diversifying the bench with exceptionally well-qualified judicial nominees,” said Mee Moua, president and executive director of the Asian American Justice Center (AAJC), member of the Asian American Center for Advancing Justice. “The community is hopeful that our Senate leaders will work to confirm Pamela Chen, President Obama and Senator Schumer’s nominee to the Eastern District of New York this year. Ms. Chen’s confirmation on the heels of the Judge Schofield’s would be celebrated by all in New York City, as well as Asian Americans across the nation.”

With her confirmation today, Judge Schofield will join Judge Kiyo Matsumoto of the Eastern District of New York as the only judges of Asian descent serving on the federal district courts of New York. While Asian Pacific Americans make up approximately 14 percent of New York City’s population, only two of the over 90 active and senior Article III judges currently serving the Southern and Eastern Districts of New York are Asian Pacific Americans. The nomination of another well-qualified Asian Pacific American, Pamela Ki Mai Chen, awaits a vote on the floor of the United States Senate. Senator Schumer recommended Ms. Chen for a seat on the Eastern District of New York, and President Obama nominated her in August 2012.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors and law students. NAPABA represents the interests of over 40,000 attorneys and 64 local Asian Pacific American bar associations. Its members represent solo practitioners, large firm lawyers, corporate counsel, legal service and non-profit attorneys, and lawyers serving at all levels of government. NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes professional development of people of color in the legal profession.

The Asian American Justice Center (www.advancingequality.org), a member of Asian American Center for Advancing Justice, works closely with its affiliate organizations – the Asian American Institute in Chicago (www.aaichicago.org), the Asian Law Caucus (www.asianlawcaucus.org) in San Francisco and the Asian Pacific American Legal Center (www.apalc.org) in Los Angeles – to promote a fair and equitable society for all by working for civil and human rights and empowering Asian Americans and Pacific Islanders and other underserved communities.

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Congratulations to Justice Hinds-Radix and Justice Clark

AABANY joins the MBBA in congratulating Justice Hinds-Radix and Justice Clark on their elevation to the Appellate Division.

Dear MBBA Members and Supporters:

On behalf of the Officers and Directors of the Metropolitan Black Bar Association (“MBBA”), we are pleased to announce that the Honorable Sylvia Hinds-Radix has been appointed to the Appellate Division of the Supreme Court, Second Department.

It is our pleasure to have the opportunity to extend our sincere congratulations to Justice Hinds-Radix, who is currently the Administrative Judge for Civil Matters in Kings County and a member of the MBBA’s Board of Directors.  We are certain that she will bring to the bench a wealth of experience as a committed and active jurist and legal practitioner.  She has repeatedly demonstrated a strong commitment to the principles of fairness and justice, the improvement of the legal system, and the advancement of the members of our diverse community.   Justice Hinds-Radix’s record of achievement shows that she possesses all of the attributes necessary to succeed in this position and her reputation is widely respected by us all.

We also extend our congratulations to the Honorable Darcel Clark, Past President and Chair of the Board of the Black Bar Association of Bronx County, who has also been appointed to the Appellate Division of the Supreme Court, First Department.  Justice Clark has served a Supreme Court Justice in Bronx County since 2006.   She too has demonstrated a commendable record of achievement, public service, and dedication to the pursuit of justice duly warranting her appointment.

We offer our best wishes to both justices for their accomplishments and the continuation of their exemplary legal careers.

For additional information, please see Governor’s Andrew M. Cuomo’s press release at https://www.governor.ny.gov/press/10012012-appointments

Best regards,

R. Nadine Fontaine
MBBA President

Honorable Alvin M. Yearwood
Chair of the Board

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AABANY Applauds the Appointment of Randall T. Eng as Presiding Justice, App. Div., 2nd Dept.

AABANY Applauds the Appointment of Randall T. Eng as Presiding Justice, App. Div., 2nd Dept.

NEW YORK – October 3, 2012 – The Asian American Bar Association of New York (AABANY) welcomes and applauds the news that New York State Governor Andrew M. Cuomo has appointed Randall T. Eng to serve as the Presiding Justice of the Appellate Division of the Supreme Court for the Second Judicial Department. Justice Eng will be the first Asian American to serve as a Presiding Justice in New York State’s history. “Justice Eng is a distinguished jurist and respected leader in both the legal and Asian Pacific American communities and AABANY applauds Governor Cuomo’s historic appointment. With this appointment, Justice Eng adds to his long list of notable ‘firsts,’ such as being the first Asian Pacific American Assistant District Attorney in the Queens County District Attorney’s office, for which AABANY’s Prosecutors’ Committee honored him at their third anniversary reception last year,” said Jean Lee, President of AABANY.  Read more here.