New York State SmartTranscripts:

[Senator Brad Hoylman-Sigal (Chair)]: Today, we are joined by our colleagues, senator Canzoneri Fitzpatrick, senator Ryan, senator Sepulveda, senator Bailey, senator Cooney, and senator Mayer. And there will be other senators joining us. There are conflicting committee meetings I imagine today so that might account for some senators not being here. Today we're going to be cons my name is state senator Brad Hoylman-Sigal and I'm the chair of the committee. And today we're gonna be considering 24 judicial nominations. And we're gonna be considering them in panels of three or four. And the first panel of nominations are with us today. They include nominees for interim supreme court, J. David Sampson, Denise Hartman, and Walter Rivera. And if you could each introduce yourselves to the committee in a few minutes if you might, we would appreciate that and then we will consider your nomination.

[J. David Sampson]: Thank you. Senator Kevin Seagal and members of the committee, thank you for this opportunity to appear before you today to consider my nomination. I want to thank governor Hochul for nominating me to be an interim supreme court justice and for the opportunity to continue serving the people of this state as a member of the of the judiciary. I have had the honor to serve as a judge on the court of claims for the past ten years. And as a court of claims, a judge in Buffalo, I have not only presided over cases in Buffalo, but conducted trials in Rochester and New York City. In 2021, our presiding judge, Richard Seis, designated me to be one of the court of claims judges to preside over child victim act cases in the state of New York. And I was also designated as an acting supreme court justice in 2,016 and since that time have regularly taken on a supreme court calendar, to help out where there were case backlogs. In 2016, judges Shirley Troutman, Patrick Niemoyer, and John Curran were all appointed to the fourth department on the same day, which created a significant case backlog, which I helped assist taking over some cases for some time. Similarly, when judge Henry Nowak was appointed to the fourth department, he was one of two judges primarily handling medical malpractice cases. And as throughout the time I have been on the court of claims hearing cases against Roswell Park Cancer Institute, I again asked for an opportunity to assist and was assigned in a supreme court calendar of medical malpractice cases. Throughout my service as a judge, I have always strived to treat the lawyers and the parties before me with respect and to provide them with a full and fair opportunity to present their cases. In so doing, I have tried to demonstrate not only the judicial ability, but the judicial temperament, to handle a significant caseload. I hope that this committee will support me by allowing me to continue serving as an interim supreme court judge, and I welcome any questions you may have.

[Denise Hartman]: Good afternoon, senators. Thank you for having me here today. I'm also grateful, of course, for the governor's nomination. I'm also grateful for having had the opportunity for the last ten years to sit as an acting supreme court justice in Albany County. That assignment there from the very first day I was a court of claims judge fit me absolutely perfectly, and I am very excited about the opportunity to perhaps continue on that bench. The reason that bench is so well suited and the work is so gratifying to me, it's an entire civil docket, gives me the chance not only to be a problem solving judge for the litigates who come before me, but also handle some significant cases that have statewide importance that based on my prior appellate background make me very happy to address in the best way that I can to help appellate courts decide them, those cases, in the best way that they can. It's been a pure pleasure and a privilege to serve in this capacity, and I thank you for considering me for continuing in that opportunity.

[Walter Rivera]: Next, Walter Rivera. Thank you, Senator Hoylman-Sigal and senators on the judiciary committee. It's an honor to appear before you. And I want to of course thank Governor Hoylgul for the nomination to Supreme Court. I've been on the a side of the court of claims since 2017 sitting in the White Plains District and I have done that. When I got there, there were two judges. They retired shortly thereafter. So I was the only judge for the for the past several years in White Plains. White Plains happens to have the largest docket within the state for the Hayside Court of Claims work. So it's been very busy and that had not enabled me to do some acting supreme as some of my colleagues have done. Though I did do some in 2020 during the COVID, I did a term in Supreme Court. In addition to presiding over cases against the state, I am a past president of the Latino Judges Association. I founded the co founded the Hudson Valley Hispanic Bar and I say that because I'm very active not only on the bench but mentoring and doing a lot of things that I feel a part and parcel of being a judge to pay back the many blessings, opportunities that I've been fortunate to receive over the years. My parents came here to New York from Puerto Rico in the nineteen forties and through the assistance of scholarships and determination and their guidance, was able to earn scholarships to attend Columbia and the University of Pennsylvania Law School and to begin my career clerking on the New York State Order of Appeals. So I lived up here in Albany for two years back in the late seventies, '79 to '81, and I also had the honor of working under Robert Abrams when he was the attorney general for three and a half years. So I believe my experience has prepared me for the next chapter. If you would be so kind to approve my nomination and I appreciate it. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you to everyone for your introductions. I'll now ask if there are colleagues who have questions for the nominees. We've been joined by Senator Stavisky. Any questions? Senator Mayer.

[Senator Toby Ann Stavisky]: Let's see.

[Senator Shelley B. Mayer]: Good morning. Good afternoon. And thank you to all of you who served in the AG's office before you went on this path, particularly those were through the Bob Abrams attorney general. We're all of a similar generation taught by an excellent law office, and I appreciate your service. I know judge Rivera very well and your activism not only in the Latino mentoring young Latino lawyers and judges has been so instrumental in our community. Thank you for your leadership there and appreciate your opportunity to continue to serve. I did have

[Unidentified committee member (brief interjections)]: a question only for judge Sampson. You know, one report is that I guess there's less publication of decisions in the Court of Claims than there might be elsewhere or maybe by you.

[Senator Shelley B. Mayer]: Is is there any can you just explain whether you any of your decisions have been published and if there's a reason that they have or haven't?

[J. David Sampson]: All of the cases that that I have handled whether they be motions or trials have all been filed and they're filed in the court of claims database. Yes. So motion wise, I probably have published close to 1,500 decisions.

[Unidentified committee member (brief interjections)]: Right.

[J. David Sampson]: And with my trials of which I probably had somewhere between a hundred and hundred and fifty, those would also be there. I have had several decisions that have been published in the official reports, most recently one relating to a motion decision in a child victim act case, MC versus the state of New York. But those publications come less frequently than those that are automatically filed in the court of claims database. So all of my decisions over the last ten years can be found and read at any time.

[Senator Toby Ann Stavisky]: Okay. Thank you very much, Thank

[Senator Brad Hoylman-Sigal (Chair)]: you, senator mayor senator Zboldova.

[Senator Luis R. Sepúlveda]: Good afternoon hi does this thank you for being here- first of all judge Rivera I know your trajectory for years and as a Latino turning myself. I could say that you have been a role model and an inspiration to many Latino young lawyers especially we aspire to go on the bench and I want to thank you. For your service in New York state. I want to ask all three judges if they can just give me a brief synopsis of three of a particular case. That is either career defining or something that's so close to your heart, do you remember the holding on that case? Let's start with you, judge Simpson.

[J. David Sampson]: I would I would what immediately comes to mind is is a case that I just mentioned to the senator, that was published, the case of MC versus State of New York because it dealt with one of the earlier it was one of the earlier cases interpreting the Child Victims Act as to whether a claim specified the details sufficiently in order to comply with the Court of Claims Act. And the state's position, of course, was that it had not and the case should have been dismissed. And by going back into the history of how the court of appeals had arrived at its interpretation, I came to the conclusion that this claim had specified with enough particularity that it should survive, and it went to the appellate division, and the appellate division agreed. And the second department in a separate case cited to my decision as one that was in line with their thinking of the interpretation of the Court of Claims Act and the Child Victims Act legislation.

[Senator Luis R. Sepúlveda]: If you can, I'd like to get the site for that case at some point if you have it.

[J. David Sampson]: I'm sorry.

[Senator Luis R. Sepúlveda]: Said if if you cannot like to get the site for that particular case.

[J. David Sampson]: I would be glad to provide that to you senator.

[Senator Luis R. Sepúlveda]: Thank you. And now let's go to judge Hartman.

[Denise Hartman]: Well there are many decisions I've written that are near and dear to my heart and it's hard to choose one. I've been handling the Skouhiri limousine crash cases for several years now and although that is a different kind of case in terms of I've written a few decisions that have been published in that case on issues related to immunities, personal jurisdiction, motion to dismiss. The gratifying part of that case is working with 20 cases, 20 sets of lawyers on plaintiff's side, another 10 on the defendant's side working through the situation where we have parallel criminal proceedings for one of the defendants and foreign defendants as well. And the fact that we've got 18 of those plaintiffs' families have some measure at this point of closure not complete by having settlements working through all the issues to get to the point where they could reach settlements in that case. The case is still pending so I'm going to say very little. But managing that kind of case, that kind of coordinated set of cases, I'm just gonna let you know as a really it it it is part of my life for the past several years and I continue to think about how to get those case to final resolution.

[Walter Rivera]: Thank you. Judge Rivera? Senator, one of the cases that stands out and and I don't want this to be taken as that favor one side over the other. Obviously, when we as judges in the court of claims make a finding either the state prevails or they don't. But one case that stands out only because it was not the common or typical type of cases we see in the court of claims involved a family owned contractor who bid for a job to paint a bridge for the state, a state owned bridge, and were given specifications and the specifications contained a major error which was that the size and scope of the work was misstated. It actually turned out to be double the amount of work for the contractor than what the specs said. The state argued that the contractor, when they bid on the job, should have done due diligence and examined the bridge and determined for themselves that the scope was wrong. In a 60 page decision, I found the state responsible because I found that the state had engaged in an affirmative misrepresentation. The engineer at issue knew the scope was wrong but never corrected it or advised anyone. So I found in that case for the contractor and the contractor was paid for the full scope of the work.

[Senator Luis R. Sepúlveda]: Thank you. Thank you all.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, senator. Question from senator Bailey. Really brief. Thank you, your honors.

[Senator Jamaal T. Bailey]: I just wanted to ask you one question. You're all season judges in today's during during today's confirmation, there will be other other people seeking a role who have never served as members of the judiciary. If you can give them one bit of advice, if they are to be confirmed, what they should be thinking about when they first walk into their courtroom on day one, what would that be? We can start from left to right. Judge Sampson. From my left to right. I

[J. David Sampson]: would say preparation of being familiar with the cases so that when the lawyers appear before you, I think it makes a strong impression on them that you've taken enough interest in their case that you prepared yourself for what whether it's a conference or a motion argument. And I think by by by preparation, you're you're setting good groundwork for the attorneys that you're going that are going to appear before you on a regular basis. Thank you. Judge Rivera?

[Walter Rivera]: Yes. Senator, I I would tell a young or new judge as I have before that one of the key things is to be respectful to the parties, to give them the dignity to be patient, and to give the attorneys the chance to prove their case and and don't interfere in how they do that. Make your rulings, but be mindful that they've put in the time and effort, be respectful to all parties whether they are represented or as we get in the court of claims unrepresented even more so so that they at least even if they lose feel that they were heard.

[Senator Jamaal T. Bailey]: Judge Hartman.

[Denise Hartman]: Yes. I I it's my prime directive and I'm perhaps giving my age away to Star Trek, but my prime directive is to maintain the integrity of the judicial institution. And that is through preparation and respect. But truly, I I want to treat each individual whether it's self represented or an attorney or a witness or a juror, everybody who comes into my courtroom with respect and make sure they have an opportunity to be heard and to see that the system can be run fairly and with compassion as well as understanding that there's the rule of law as as this they go through. So my advice is that every single individual who comes into your courtroom must be treated in a way that you are trying to earn their respect for the integrity of

[Senator Luis R. Sepúlveda]: the court and process.

[Senator Jamaal T. Bailey]: Thank you telling answers and the reason why each three of you were nominated for further movement. I have to ask my question intentionally because it wasn't just for people who are coming up. It's the reason why you're being elevated. So I wanted to thank you for those answers and appreciate it.

[Senator Brad Hoylman-Sigal (Chair)]: Thank Would also note that we've been joined by senator John Lew. Are there any further questions from the panel as is protocol we will ask the nominees to leave. Just so we don't have to vote on you as you stare at us. That's awkward. Thank you. Which we're trying to avoid. Thank you very much. Thank you. Congratulations. Sure. Sure. So we're gonna go through each nomination in order. All those and among the senators in favor of advancing the nomination of J. David Sampson as interim supreme court justice indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Thank you. J. David Sampson is will be considered on the floor of the senate. Next individual, all those in favor of advancing the nomination of Denise Hartman as interim supreme court justice, please indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Denise Hartman's nomination will be considered on the floor of the senate. Next individual, all those in favor of advancing the nomination of Walter Rivera, please indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Walter Rivera's nomination will be considered on the floor of the senate. Thank you and congratulations to to those individuals. Next panel, if you could come forward, Michael and Jonathan Svetky.

[Jonathan Svetkey]: Alright. Sounds good. Welcome. Thank you. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: If. Mister Kitsis could give us a brief introduction.

[Senator Toby Ann Stavisky]: Thank

[Senator Brad Hoylman-Sigal (Chair)]: you. Good afternoon. I'm sorry. Senator Sepulveda has a point of Order reference.

[Senator Luis R. Sepúlveda]: Yeah I just wanted to take this opportunity. To issue my concerns about of the 25 individuals are nominated today. The complete lack of diversity that exists among these candidates. I think there are. Two Latinos out of 25. One is Walter. Rivera who's done a fabulous job to court of claims but we need to do much better with the diversity of members on this court of claims not. I'm not blaming the governor for this. My concern is the judiciary committees that. Meet with these candidates and then decide amongst that can add amongst that committee who is going to be nominated or whose name is gonna be forwarded to the governor's office. That committee has to do a much better job because the job that they're doing now to me is an embarrassment to the state of New York. The governor needs a much more diverse group of people to be their names to be forwarded for nomination so that we can have a bench, court of claims, or any other courts in the state of New York that resemble the population of New York state and has the kind of diversity that I think we need in order to meet our justice fairly.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you. Thank you senator Rivera. And you're referring to the committee on judicial nominations? That's correct. Thank you. Thank you, mister Kitsis, if you can give us a brief introduction.

[Michael Kitsis]: Thank you. And I first wanna thank governor Hochul for having the confidence to put my nomination forward before the committee. I wanna thank you chairman Hoylman-Sigal and the entire committee for inviting me to be here today. I'm sorry that I'm missing my home district senator, Gounardes, who I think exhibits a great deal of intelligence, energy, and a lot of heart in what he does. The the very simple story is that I came out of law school. I went to the Manhattan DA's office under the legendary Robert Morgenthau, who was a mentor to me, and he taught me several great lessons. First, people matter. Second, do justice in every case. And third, be humble because you're gonna be wrong enough times that you'll be very embarrassed if you're not humble about it. That was added to by another mentor of mine, Warren Murray, my first bureau chief. And I'm sorry that senator O'Mara is not here. He was a bureau mate and senator Lanza was in the bureau just down the hall. But they know Warren Murray, and a lot of what he taught us is that you have to look at all sides and understand all sides before you can make any real judgments about things. These are the lessons that I took away with me from the Manhattan DA's office. In 2016, I was fortunate enough to have the mayor of New York appoint me to the criminal court of the city of New York. I've been an acting supreme court justice for the last few years. I love the job because I get to try cases, and that means that I get to work with lawyers who I know are under intense pressure as they try to do their best jobs. What what that means is that I have to make sure they don't get additional pressure from me. It means we don't put pressure on witnesses or jurors or particularly defendants as well so that they are able to perform their best when they're in front of the court. The other great aspect of my job is that I get to work with young people. I sit in the busiest gun part in the busiest borough of the city, and that many of these young people do not have real a real vision for what their lives can be, and they wind up by making the worst decision they could make, and that's having a gun. We try to work with as many of these young men and some women possible in order to get them channeled into having a vision for what their future can be and giving them the tools and strategies to move forward to reach that future. And I spend a lot of my time working with these young people. What I would like to do as a interim supreme court justice is to continue that work. A little about my family, my father owned a corner store. My mother was a third grade school teacher. And half my family is Asian because I married a an immigrant from Taiwan, and my niece and nephew from Taiwan actually lived with us for a year in in Brooklyn. And so that that that's really what my family is about. And I welcome any questions that the committee has for me.

[Senator Brad Hoylman-Sigal (Chair)]: Mister Zellnor

[Jonathan Svetkey]: Thank you. I first wanna thank, of course, governor Hoyl for having the confidence in me to put my nomination forward, and I wanna thank the senators, the committee for taking the time and effort to evaluate our qualifications. And I also want to thank you for your commitment to the fair administration of justice in New York because I share that commitment. I sit in Manhattan Supreme Court and I have I think I've been successful because I bring a number of different perspectives to the bench. I have a wealth of experience as a prosecutor and as a defense attorney. I worked with something called Abraham House, a nonprofit in the South Bronx where we developed an alternatives to incarceration program as well as community outreach. I served on the central screening committee for the assigned counsel plan in the first department for about twenty years where we reviewed applications by attorneys for that panel and did conduct some disciplinary matters with regard to the attorney's conduct on those panels. I also in private practice was of counsel to the New York State Court Clerks Association for also about twenty years. What you should also know about me is that I approach each day in court with an unbridled enthusiasm, mindful of the importance of what we do and approach each case in the same way where I make sure I have all the facts and evidence. I read the statutes that are applicable, review the case law, consult with my colleagues in an effort to make sure I come up with the correct, compassionate, and just decision. So I'll end the way I began and state simply and sincerely thank you.

[Senator Brad Hoylman-Sigal (Chair)]: You. Turn to colleagues to see if there are any questions from members of the committee. We've been joined by the ranking member of the senate committee on judiciary, senator Palumbo. Any questions? Senator Mayer.

[Senator Shelley B. Mayer]: Thank you. Thank you both for being here. I I understand you both were previously ADAs somewhere in your career before you got to be judges. And I wondered given the rather tumultuous time since for a number of reasons in the criminal law world since some of the laws have been changed, some of the conduct of I assume some defendants has changed, some prosecutors. It's very honestly been a a challenging moment in the last few years in the criminal law space. What is what has been your thinking about if you're free to say not so much the changes that were made, but your approach in these criminal cases where either bail has to be set or other difficult decisions with respect to defendants and the changes in the law that were made. And I know it's a bit amorphous, I realize you you probably have your own way of thinking about these issues.

[Michael Kitsis]: Well, the laws are as the legislature passes them. It is up to us to make them work for the individuals who appear before us so that when bail does need to be set, we do it. And when when bail does not need to be, we don't. Plenty of times, I will start a shift if I'm gonna be in arraignments and let the legal aid lawyers know, get cases in front of me because anybody I can send home reasonably is going home. I'm not gonna keep them locked up overnight or for any period of time. If somebody cannot be reasonably released on their own recognizance or under supervision, then I need to know what their family can handle. So we deal with that. A lot of the pressure has gone to the prosecutors and defense attorneys to deal with the discovery laws. Mhmm. They you know, that any law that is passed, of course, is something that we can administer and make it work for the parties who appear before us. So that as the most recent changes have come in, I've done what I've done always. I read what the legislature has passed. I sit down with my court attorney and say, what do we need to do to change anything that we're doing now to make it work for the parties who come through? And then as the law takes effect, which soon the new discovery package will come in, we're ready to go. And we understand the law first, I think.

[Mary Lynn Nicholas Brewster]: Thank you.

[Senator Shelley B. Mayer]: Appreciate it.

[Jonathan Svetkey]: Yeah. I I I obviously, we're going to piggyback on that and just tell you, you've given us the tools we need to do what we have to do to make sure that we are fairly administering justice. We have it. And as my colleague says here, we're able to use the statutes to when when appropriate set bail if the person is a risk of flight such that bail is required. And on the opposite end of it, we have the tools that you have given us to be able to orchestrate to put in motion to set up conditions that will allow somebody to be released that might otherwise in the past there wouldn't have been the ability to do so.

[Senator Shelley B. Mayer]: Thank you. Appreciate that. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator mayor. Any other questions from members of the committee? Seeing none if you too might be excused and will consider your nominations.

[Senator Luis R. Sepúlveda]: Thank you senators.

[Noel Mendez]: Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: First individual, all those in favor of advancing the nomination of Michael Kitsis to interim Supreme Court, please indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Senator Palumbo is without recommendation. The nomination will go to the floor. Next item, individual, all those in favor of advancing the nomination of Jonathan Svetsky to become interim Supreme Court Justice, please indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Senator Palumbo is without recommendation, the nomination will proceed to the floor. Our next panel will be for interim family court. If Tanya Ettinger would come forward as well as Jessica Wilcox. Thank you. If if miss miss Edinger? Edinger could give us a brief introduction.

[Tanya Ettinger]: Thank you. Good afternoon chairman Hoylman- Segal ranking member Palumbo and the other members esteemed members of this committee. I wanna begin by thanking governor governor Hochul for this nomination and the members of this committee for taking the time to listen today. My name is Tanya Ettinger, and I'm seeking appointment for Monroe County Family Court. Family Court is the most critical court in our judicial system. I've been practicing law for over twenty one years with the last sixteen years dedicated exclusively to Monroe County Family Court. I worked at the Legal Aid Society for ten years representing children in every type of case that comes before a Monroe County Family Court judge. Since 2019, I have been the confidential court attorney to sitting Monroe County Family Court Judge Fatima Reed. And this role has allowed me to review all the types of the family court cases that come before a family court judge through the lens of a family court judge. As you all may be aware, the decisions that family court judges make can have potentially a life altering impact for the families that come before the court. This authority should be entrusted to someone with vast direct experience. And I submit to you that my experience is just that based on the last sixteen years that I've spent in Monroe County Family Court. Moreover, I grew up on the oldest of four. I grew up with financial instability, housing instability, allowing me to see the same struggles that the families who come before the court are facing. I'm committed to making sure that all the people that come before the court are heard, respected, while applying the letter of the law. And I thank this committee for its consideration.

[Unidentified committee member (brief interjections)]: Ms. Wilcox. Good afternoon.

[Jessica Wilcox]: Thank you so much to this committee and to the governor for nominating me for this very important position in family court. I've been practicing law for about twenty five years now, ten of which ten of which was in private practice giving me the understanding of what trial attorneys and attorneys in the court system face every day challenging issues regarding appearances and time and putting cases together. In 2007, I I moved to the court system and I have the unique opportunity to have it clerk for three distinguished judges in the 3rd District, and that was John Egan, the appellate division justice of the third department, Glenn Bruning, who was a court of claims judge, and now Jim Ferreira who is also a court of claims judge. And each of those individuals has very different styles, very different styles, but they're all very effective. But the most important part of their styles was the compassion that they they judged with. And what is important in my understanding of how this the whole family corp works is you have to understand and have compassion for those who are who are who are before you. This is the most important, in my opinion, the most important court in New York State. And you have families who don't have the luxury of going home to a carefree enjoyable lifestyle and they need the support and the resolution power of the court system to help them to move move ahead with their with their daily lives in a in a positive way. And the decisions that a family court can make, a family court judge can make are lasting and very impactful. And the most important thing we have is our children and our families in the state of New York. So I would like to take my experience and use that to help resolve cases before the family court in an expeditious and just manner. So thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you so much. We have questions from our panelists, Senator Cooney.

[Senator Jeremy Cooney]: Thank you Chairman and congratulations to you both on your nominations. I was just thinking about this as you were speaking about twenty years ago I was a law student here in Albany and was assigned to do some practice work in Albany County Family Court and so I can appreciate how valuable your service is and will be to the state of New York and I thank you for that. My question is for Ms. Ettinger who of course I know from my hometown and district in Rochester in Monroe County. And I wondered if you could elaborate a little bit further on what you shared already in your opening statement regarding your service to judge Fatima Reid. Judge Reid was historic in nature when she was elected to the Monroe County Family Court and you got to be with her from the very beginning. And so I'm wondering if you could share about that experience, being that right hand, being in the court, being in leadership and writing these opinions, how that will prepare you for this role should you be confirmed?

[Tanya Ettinger]: Thank you. Yes, I did manage her campaign in 2018 and as you indicated she won an historic election becoming the first woman of color to win a race for Monroe County Family Court Judge. Since that time she has become the district wide coordinating judge for diversity, equity, inclusion. And in that role, as her court attorney, I have helped her develop programs under what is known as the Embracing Our Community. So part of that is a community coalition to bring the service providers together so we know as judges what services are out there that we can offer these families. There are many other programs under that embracing our community umbrella including the Just Law program wherein local judges and attorneys they go out and speak to students and the students write an essay to tell the courts what justice means to them. And so I participate in that as well by going out and talking to these students and just making sure that there is access in the court system to everyone regardless of gender, race, political orientation, sexual orientation, and making sure that everyone is heard.

[Senator Jeremy Cooney]: Thank you so much and congratulations to you both.

[Senator Shelley B. Mayer]: Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you. Further questions? Senator Mayer.

[Senator Shelley B. Mayer]: Seem to be a persistent questioner. But these roles are so important. I think we all care very deeply.

[Jessica Wilcox]: To miss Wilcox, it looked like your experience is largely not in family court today. Is that correct? That is correct. However, senator, I have dealt with family court issues in my role as clerk to supreme court justices and appellate division justice. So my family court experience is a little bit different. So initially my family court experience was with John Egan in Supreme Court doing divorces and other issues that involve the custody, family offense petitions, family offense issues, and support proceedings. And that transition to the appellate division where we did negligence issues and issues regarding the safety of children. And then continuing on, I've done the same things with Glenn Bruning, Judge Glenn Bruning and Judge Jim Ferreira. And so with these seemingly easy matrimonial cases, you'll find so many issues with respect to custody and support and family offense petitions and family offense proceedings that bring in that family court aspect. I I know I speak I think for many

[Senator Shelley B. Mayer]: of my colleagues with a particular concern for family court both because so many litigants are pro se and has many of the decisions historically have had disproportionate impact on women without resources. And the senate held hearings several years ago on what actually happens in family court and delays in custody and the dominant role of the moneyed spouse in prolonging litigation that hurts families. I just would encourage you to review if you have the time once confirmed the hearing and the stories that were told, and I hope they will inform your willingness to go the extra mile as I'm sure you will to make sure that families are preserved. The other the other issue is, and this is particularly to you, I'm forgetting your first name, miss Ettinger, sorry, is in the court in which you work in the family court, is the court actually open to those that wish to sit in there if they're not approved by the judge? Absolute absolutely. It's an open court. I encouraged everyone around me to come spend the day, spend an hour, and

[Tanya Ettinger]: I will gladly show them around and I have done so because I want people to know what happens in family court.

[Senator Shelley B. Mayer]: I appreciate that. We have legislation to try to codify OCA's rules about that, but I think many people think it's a secret court and I appreciate that you're not treating it that way. Thank you very much.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator mayor any further questions yes senator Palumbo. Oh excuse me senator Palumbo senator Bailey then senator Palumbo thank

[Senator Jamaal T. Bailey]: you I yield yield yield to your record.

[Senator Brad Hoylman-Sigal (Chair)]: Senator Palumbo thank you Thank you.

[Senator Jamaal T. Bailey]: Just wanna make sure I got Yeah.

[Senator Anthony H. Palumbo (Ranking Member)]: Good afternoon. How are you folks? I just have a a couple questions for miss Ettinger. I see that you're a a Western New Yorker, and I see that you went to school out there and were quite a student as well. And I saw that you were the president as well of the Orleans County Bar Association. And I guess now that you're running in Monroe County, and do you live in Monroe County or it looks like you started your practice over there? Did you move at some point into Monroe?

[Tanya Ettinger]: Yes, I currently live in Monroe County. I live in Brockport. I was born and raised in Western New York and my family is still in Orleans. So when I was first out of law school I spent a couple years in private practice practicing in Orleans and in Monroe. But since 2009 I've practiced exclusively in Monroe County Family Court.

[Senator Jamaal T. Bailey]: Okay.

[Tanya Ettinger]: To your your question yes I live in Brockport.

[Senator Anthony H. Palumbo (Ranking Member)]: Okay so and since '9 got it- and you were with also with with the legal aid society as well during that stretch of time. That's correct. And what and- you were mostly in- because see out by me it's mostly the county attorney that handles the family court matters. So is that of course that's primarily where you practice then when you're with the Legal Aid Society were you assigned to the Family Court Division or?

[Tanya Ettinger]: Yes I represented children for ten years while I was employed by the legal aid society Rochester and that was specifically to Monarch County family court.

[Senator Brad Hoylman-Sigal (Chair)]: Okay very good. Thank you. Thank you senator Palmer senator Bailey.

[Senator Jamaal T. Bailey]: I think you should thank you both for putting yourself forward your resumes speak for themselves it's very impressive miss Wilcox 1,500 decisions authored that is a lot of decisions. I don't think I read that many in law school so I think

[Unidentified committee member (brief interjections)]: that's My hand is tired.

[Senator Jamaal T. Bailey]: I think that's excellent. And Ms. Ellinger, experience in the family courts are critical. I just want to point out two things and ask a general question. You may not be able to answer this because I know you've been prepared very well by the 2nd Floor. I wanna point to you to I forget the exact date, but senator Hoylman-Sigal, chair Hoylman-Sigal and senator Brisport held a hearing about the family court earlier this year, where chief judge Wilson came to testify as well. Have either of you been able to review or are you aware of that hearing?

[Jessica Wilcox]: Yeah. Yes. I am. I I if I'm thinking of the same hearing, it talked it dealt with the actual physical structure of the family court and what changes need to be made to more make it more accessible to those using it. You know, just even infrastructure of the of the buildings as well as what things, what services should be provided within the court system.

[Senator Jamaal T. Bailey]: Correct. Ms. Senninger?

[Tanya Ettinger]: I'm not entirely familiar with the hearing itself, but I know that the work that I do now under the Embracing Our community, we're looking at those issues of accessibility and how to make the courthouse as most accessible to the litigants as possible.

[Senator Jamaal T. Bailey]: Far from disqualifying question. The reason why I asked that is to frame this question and based upon what you said and what I what I what we both what you said in your initial opening remarks. Family court is one of the places that people last think of when it comes to meeting out justice, but it's one of the most under resourced areas that we've had. Senator Sepoylveda might say it, but he but I but I echo his sentiments and had he's practiced there. I haven't practiced in family court. It is one of the it's woefully under resourced. And I'm hopeful that judges who are going to to family court, you know, you have having experience there understand the challenges that come with it. And do you believe that there should be more resources provided to family court?

[Tanya Ettinger]: Absolutely. Yes. Absolutely.

[Senator Jamaal T. Bailey]: Thank you. Just wanted to make sure that I just wanna make sure we we we get that on the record because those folks who can least afford are sent to family court and I am hopeful looking forward to your confirmation so that you can continue to meet out justice in a positive way. Thank you chairman.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator Bailey senator Stavisky.

[Senator Toby Ann Stavisky]: There we go. Senator Bailey asked part of the question that I was concerned about. I know you're both from Western New York and I represent a district in New York City. But from what I understand, in New York City, there are tremendous backlogs. If this is the case in Western New York, the courts have just years of backlogs. How would you, I don't know whether this is within the scope of what we're allowed to ask or what you're allowed to respond to but are there any ways you can suggest to alleviate some of the backlogs and obviously the poor resources that. Either either one

[Unidentified committee member (brief interjections)]: go ahead.

[Tanya Ettinger]: I yeah the way that

[Senator Toby Ann Stavisky]: I said driving you probably have more experience in the family court

[Tanya Ettinger]: yes and so this is definitely an issue that I'm addressing currently And what I would continue to do is to make sure that the cases that are coming before the court are appropriately conference with the law clerk. I'm currently conferencing those cases now. So when they go before the judge, they can hopefully settle quickly and we can move on to the next case. And I would continue to do that. Also making sure that you're prepared when the attorneys come in to argue their their case and that you know the facts of the case and the history of the case before it comes into court. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, senator. We've been joined by

[Jessica Wilcox]: I I I'm sorry, senator. I was just gonna Please. I was, speaking with some of our family court attorneys and having experience with divorce proceedings and family court issues that are going parallel with supreme court cases, a lot of trials in the Albany County Family Court are scheduled for a day and then three weeks later there's a day two or two weeks later there's a day three of trial. And I think that it compounds the problems of delay and not providing quick access to justice. So if confirmed, would like to try to move those trial days so that they are consecutive. I think that's important.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you.

[Senator Shelley B. Mayer]: Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: We've been joined by Senator O'Mara and I'd like to recognize the presiding judge of the New York State Court of Claims, Judge Zeiss. Nice to see you. Thank you panelists. If there are no more questions, if you could be excused and we'll consider your nominations.

[Senator Shelley B. Mayer]: Thank you. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Too bad we don't have a soundproof booth. Yes, exactly. All those in favor of advancing the nomination of Tanya Ettinger as interim family court judge. Indicate by saying aye. Aye. Any opposed nay? Nay. Senator O'Mara and Senator Palumbo are in the negative. Any without recommendation? The nomination is moved to the floor. All those in favor of advancing the nomination of Jessica Wilcox to interim family court judge indicate by saying aye. Aye. Any opposed nay. Any without recommendation? Without recommendation. Senator Palumbo and Senator O'Mara are without recommendation. The nomination moves to the floor. Our next panel is for New York State Court of Claims. We have a couple of, at least one familiar face. Monica Wallace, Gregory McCaffrey, John Brindwat, and Abby Perrer. Former assembly member Wallace, could you go first for some introductory remarks?

[Monica Wallace]: Sure, thank you so much. Good afternoon, my name is Monica Wallace and it is my sincere honor to be here today to be considered for this important and prestigious position. I'd like to start by thanking Governor Hochul for nominating me to this position and for her confidence in my qualifications to serve. I'd also like to thank the chair and all the members of the committee for giving me the time and consideration for this nomination. I know especially during this very busy time of year. As some of you already know, after graduating from SUNY Binghamton and then Buffalo Law School, I began my career in private practice where I had the opportunity to be mentored by some of Western New York's top lawyers. After a few years in private practice, I decided to follow my passion for public service and served as a confidential law clerk to then Chief Judge of the Western District Of New York, Richard Arquera. There I worked on hundreds of complex criminal and civil cases at every stage of litigation. I also served as a law clerk for the United States Court of Appeals for the Second Circuit. Thereafter, I joined Buffalo Law School as a legal writing and research professor where I used my skills to help shape the next generation of young lawyers. I taught an advanced legal writing class to give students practice ready skills in litigation. I also created a clinic where students help formerly incarcerated individuals address some of the legal barriers that they faced after reentry from prison. I then joined this legislature in 2017 where I spent the next eight years working on dozens of significant bills, a few of which I worked on with members of this committee. Those of you who know me hopefully know my work ethic. Hopefully I've always impressed you as thoughtful, diligent, and reflective. And while many of you may already know some of my background, you might not know why I'm so passionate about public service. I was raised by a single mother who sacrificed everything to give me the education that I needed to be here today. She raised three young girls all by herself, and we live paycheck to paycheck. Sometimes she had to work two jobs just to make ends meet. At an early age, witnessed some of the shortcomings of our judicial system when my mom had to go to court to enforce unpaid child support. It was those shortcomings that inspired me to go to law school. I know how intimidating and frustrating the legal system can be for those who appear before the court, and I wanted to use my skills to help make sure that folks like my mom received a fair and equitable treatment and that the legal system worked for everyone. If I am fortunate enough to be confirmed by this committee, I pledge to act with integrity, to be fair and impartial, respectful to all parties, and to work diligently to timely resolve all the disputes that come before me. Thank you again for your time and I look forward to your questions.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you very much. Mister McCaffrey.

[Gregory McCaffrey]: Thank you. Good afternoon chairman Hoylman-Sigal and distinguished members of the senate judiciary committee. I wish to thank each of you for giving me the opportunity to appear before you today with special thanks to governor Hochul for her support and nomination. Born and raised in rural Livingston County, my parents taught me at an early age the importance of public service with my father dedicating his career federal and state law enforcement, my mother, an elementary school teacher. They instilled in me the importance of being compassionate to others, taught me to listen and appreciate multiple points of view, to work hard, always be fair while stressing humility. These principles are extremely important to me, and I strive every day to pass these same values to my three teenage sons and my wife who traveled with me to Albany here today. Throughout my legal career, beginning as a law clerk with the honorable Charles j. Saragusa in federal court, through my five years as an assistant district attorney in Monroe County, my venture into private practice eighteen years ago in a small practice of civil and criminal litigation, and most recently my twelve years as the district attorney, I have always carried the core principles of integrity, honesty, and respect for all. I am a firm believer in the rule of law in the constitution having sworn to protect and uphold the constitution as district attorney on multiple occasions. As with the judiciary, DA's retain great power and have broad authority which cannot be taken lightly or utilized without careful deliberation and thought. For over twenty two years, I have served as an advocate and a fighter whether as a prosecutor or as a zealous advocate for my clients. I analyzed a move to the judiciary in the context of baseball, a game that I love, have played, and coached for many years. Baseball players and coaches are like trial attorneys. They practice, they prepare and they compete. Umpires are like the judges. They oversee the game with court with rule and evidentiary enforcement, neutrality and fairness. The makeup of a good baseball umpire and jurists seems simple to me. Be prepared, be knowledgeable of the rules and the law, be accountable, be fair, and always always treat everyone with respect. Equally important is the ability to be in command but be decisive and be thorough. As a member of the judiciary, these qualities would remain with me every single day. Thank you again for the absolute honor of appearing before you all today and considering me for this important position. I would welcome the opportunity to answer any questions you may have.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you very much, Mr. McCaffrey. Now Mr. Brinjewak.

[John Bringewatt]: Good afternoon. Thank you mister chairman. Thank you members of the committee. It's a pleasure to be with you here today. I'd like to thank governor Hochul for the trust she's put in me with this nomination and thank all of you for your consideration today. It's truly a privilege to be considered. I'd also like to thank my family for their support, in particular my wife Betsy who's here with me today. For the past, excuse me, for the past five and a half years, I've served as the Monroe County Attorney. In that role, I am the county's general counsel and chief legal officer. I supervise a team of more more than 30 lawyers who's responsible for all of the county's civil legal work. So we handle a very broad range of practice areas, everything from regulatory compliance, all the county's contracts, and certainly all the county's civil litigation. We do all that work right in house. We support every county agency. So I like to say we do it all from a to z, the airport to the zoo. Prior to serving as county attorney, I was in private practice at Hartersea Crest and Emory. I maintained a broad based commercial litigation practice and a general litigation practice. So again, I think my background gives me the ability to understand a wide range of legal problems. And early in my career, I was fortunate to have the opportunity to serve as a law clerk for judge Susan Carney of the United States Court of Appeals for the Second Circuit who remains a mentor to me. I am a public servant. I am the son of public servants, and I have always tried to do what I can to serve my community. In addition to my work as county attorney, I always maintained an active pro bono practice when I was in private practice, and I dedicated my time to civil legal services organizations. I served on the board of directors of the Empire Justice Center, and I served on the cabinet for something called the Campaign for Justice, which was a a fundraising effort for local civil service agencies in Rochester. I hope to continue to serve my community and serve our state in this role. I'm committed to giving every case the attention it deserves, treating everyone who appears before me with fairness, and doing the work. Doing the work to make sure that the law is applied faithfully in every case. Thank you for your consideration and I'd be happy to take any questions that you may have.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, sir. Next, Abby Perra.

[Abby Perer]: First, I wanna start by thanking the committee and governor Hochul for this incredible opportunity. My name is Abby Perer. I'm originally from Pittsburgh, Pennsylvania, but I consider myself a true New Yorker at this point. Came here twenty years ago to attend Hamilton College and then Brooklyn Law School, and I never left. I've been a civil litigator for twelve years, most recently for Syracuse University. With just very brief remarks, I want to try to answer two questions for the committee today. The first would be why do I want to be a judge? And the second is why I'm qualified to be a judge? On point one, the why, from a very young age, I recognize the important role judges play in our society and in everyday people's lives. I was raised by two plaintiff side trial attorneys. Our dinnertime conversations were often about their client stories and how their cases were moving through the courts. You know, someone when they go to court, it's because they feel so aggrieved that no other form of resolution will do. And so there is a gravity to the role, and I understand that. And I've come to understand it more throughout my entire legal career. At Syracuse University, at any given moment we are defending approximately 25 civil suits. And I understand, you know, that it's important to have a thoughtful and thorough judge. It is much easier to accept the outcome of a case when the parties feel that they've been heard. And to step up into that role would be a great honor. And two, why am I qualified to step up into that role? I'm a skilled attorney. I'm a skilled litigator. For twelve years, I've done nothing but civil litigation, which maps particularly well onto the court of claims. I have expertise in negligence cases, employment discrimination, civil rights disputes. I'm a thorough researcher, a clear writer, and I think that those technical skills are really represented in the success I've had at Syracuse University where I've secured dismissals, favorable judgments, and settlements in all but one case I've worked on during the last ten years. Finally, I can establish trust and rapport with people from all walks of life. My current role requires me to work with our chancellor on complicated supreme court precedent. It requires me to work with custodial staff to prep them for depositions. I take time to understand everyone's unique role in our large institution. I treat them with respect, and I think they feel that. And I think that ability to connect with people is important for judges. I've seen, you know, the most successful judges in my career build that mutual respect with the parties. And I would commit to do that if I would be given the opportunity today. I thank you for your time and I'm happy to answer any questions.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you very much, miss Per. A question from senator Cooney.

[Senator Jeremy Cooney]: Well thank you Chairman and congratulations to you all. Assemblewoman it's wonderful to see you here And in my question is to John Bregalot who I'm very proud to represent and Mr. Bregalot and I have had a chance to grow up in our legal careers together and I have the privilege of getting to know you. One of the things that I think you touched upon in your opening remarks is your service at Hardisty Chris and Emory. And in your practice at a large firm in Rochester, I'm sure you had opportunities because of the values of that firm to complete pro bono service and representation of clients with limited access to resources. I'm wondering if you could comment on those experiences and how that may inform your work if you're advanced here to the court.

[John Bringewatt]: Thank you, senator. Yes. When I was in private practice, it was important to me to always maintain a significant pro bono docket, make sure I always had significant pro bono representation at any time. And the firm was very supportive of that. So it was a good good place to engage in that community service. You know, I think one case that stands out is sort of an unusual case. The Legal Aid Society brought to our firm and I ended up taking on a domestic abuse survivor had actually been sued by her former partner and needed legal representation. And when the case came to us, it was not in a strong procedural posture because perhaps because she was scared, perhaps because she didn't know what to do, had defaulted. So we were able to take that case and first fight off the default and then ultimately come to a successful resolution which allowed her to extricate herself from that situation. So I think that's a case that has always spoken to me about the importance of representation and the importance of making sure that everyone who's involved in the court system understands what's happening in the court system. And so that's certainly value that I would to bring to the bench every day in dealing with litigants and dealing with the parties.

[Senator Jeremy Cooney]: Thank you and I just wanna recommend and note for the record that our Monroe County Executive Adam Bello is a very strong supporter of yours and I thank you for your service to the people of Monroe County.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator Cooney. Senator Bailey.

[Senator Jamaal T. Bailey]: Thank you chairman. So mister McCaffrey, want to thank you for your service as district attorney being one of the few district attorneys that didn't yell at me publicly during the the bail reform and discovery. I I say that tongue in cheek or not tongue in cheek depending how you want to take it. But you mentioned something very interesting, and then I'm gonna ask a question that applies to for all of you. And Monica, good to see you as well. You talked about baseball. And if you're not a MET fan, don't tell me what your team is. But you spoke about judges being arbiters in in strike zones. Now continuing that metaphor, you have to you have to realize that depending on the batter's stance, their size, the size of the plate that they hit from, right, the strike zone may be different. As a judge, you have to recognize that while the black letter of law may be the same, interpreting it may be different contingent contextually depending upon the individual. Can you commit to having a I don't wanna say a shifting strike zone, but evaluating the strike zone differently depending on context. And then we can go from left to right.

[Gregory McCaffrey]: Thank you for that question, senator. If successful with with the committee and confirmed to serve on the court of claims, I would apply the laws passed by by the legislation. I've prided myself on hard work, being thorough, and being fair. The law and criminal justice, the twelve years I was DA, the law is always evolving. The law is always changing. As a judge, you you work hard and you apply the laws as it is. I think to be fair, to be transparent, and to be honest with those that appear before you, so there's an expectation as to what the ruling will be is is what I would strive to do as a judge.

[Senator Jamaal T. Bailey]: Thank you. Mister Bridgewat Bridgewat?

[John Bringewatt]: Bring a lot. Thank you, senator. I apologize. And I am a Mets fan.

[Senator Brad Hoylman-Sigal (Chair)]: I'm sorry to

[Senator Luis R. Sepúlveda]: hear that.

[John Bringewatt]: Thank you. I would stop right there.

[Senator Brad Hoylman-Sigal (Chair)]: He's also a Bills fan.

[Senator Sean M. Ryan]: John. Oh.

[Monica Wallace]: Alright. It's true. It's true.

[Senator Luis R. Sepúlveda]: And I'm starting to hear that as well.

[John Bringewatt]: Hope hope springs eternal. I I do I appreciate the balls and strikes metaphor. Certainly, it can be a little more nuanced than that. Right? Just in in the in it's more complex. The the law can be complicated. As mister McCaffrey said, ultimately, the job of a judge is clear. The job is to apply the law to the facts of the case. As I alluded to in the prior question, I do think it's important to make sure that anyone who's appearing in your courtroom understands what's happening and has an opportunity both to feel like they're being heard but also to in fact be heard.

[Senator Jamaal T. Bailey]: Thank you. Miss Barrett.

[Abby Perer]: Thank you senator. I'm a Pirates fan so no no risk there no threat.

[Senator Jamaal T. Bailey]: PNC Park is the is the nicest park I've ever been to.

[Abby Perer]: I agree I would agree. I think you know what I can say is that context matters people's life experiences matter but the law is the law and so you do have to apply it faithfully, but the facts are going to be different in every case. So you're going to reach different decisions. You know, have some experience dealing with pro se litigants in my role now. And I've read some court of claims opinions to get up to speed for this moment. And, you know, I know the statute of limitations, for example, is very quick in the court of claims. And so maybe you might give a pro se litigant, for example, a little more leeway on what constitutes good cause for filing past, you know, a very strict statute than you would, you know, sophisticated represented party. And I think that is still applying the law, you know, faithfully and neutrally, but context matters.

[Senator Jamaal T. Bailey]: Thank you. Miss Wallace.

[Monica Wallace]: Yes. So, yeah, I agree with my hopefully soon to be future colleagues that, you know, the role of the judge is to apply the law as written. But I think a lot of what your question gets at is the power imbalances that exist. And I think, you know, based upon what I said earlier, having witnessed some of the shortcomings of the judicial system, I am sensitive to those power imbalances. I know how intimidating it can be. And I too have worked on many pro se cases, so I understand there's a little bit more leeway there. So I would apply the law as written, but I also, you know, would be sensitive to those power imbalances.

[Senator Jamaal T. Bailey]: Thank you. I appreciate you all of your answers, and I look forward to your success on the bench.

[Judge James H. Ferreira]: Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you. Thank you, senator Bailey. Senator Ryan.

[Senator Sean M. Ryan]: So soon to be judge Perry. I'm a Brooklyn Law School graduate myself, so it's great to see you here in in front of us today.

[Senator Jamaal T. Bailey]: I'll do that again.

[Senator Sean M. Ryan]: I'm a Brooklyn Law School graduate myself, so it's great to see you here in front of of us today, and I, yeah, wish you well on the bench.

[Senator Jamaal T. Bailey]: Thank you.

[Senator Sean M. Ryan]: My former colleague, Monica Wallace, it's so nice to see you here today. Really, I've always admired your legal background and how you brought that to work every day as an assembly member. You know, you have a real broad legal background from, you know, private practice to years on the federal judiciary, you know, which most state practitioners, federal court is a foreign land to them. But you brought that perspective into the the assembly of the everyday of understanding really two different judicial systems in New York State. And then you combine that with your experience as a law professor at the University of Buffalo, really made you a great legislator. And I must confess that I would call you sometimes and said, what did you think of that court of appeals decision knowing that I didn't read it, but that Monica would then tell me what she thought of it because she had read every every page of it. So I'm really honored to support you in your endeavor to to become a judge. I think you're a natural at it, but I also know that, you know, your family, John, Jack, and Claire are so proud of you today. And your mom, your sisters, your nieces, and nephews, they're all gonna be really proud of you. So good for you, Monica Wallace.

[Monica Wallace]: Thank you, senator Ryan.

[Senator Jamaal T. Bailey]: You're welcome. Thank you

[Senator Brad Hoylman-Sigal (Chair)]: senator Ryan. Any further questions yes senator mayor.

[Senator Shelley B. Mayer]: Thank you very much and let me just echo my colleagues comments about you Monica we work closely on many bills together and also on my very strong commitment to UB Law School and making sure that they have an institute of public policy which you've been extraordinarily helpful. I know you'll be an excellent judge and I'm thrilled to have you here before us. I have a few other questions. For Mr. McCaffrey, your experience has been exclusively criminal. It sounded like at least in the more recent future past. And now you're you're proposed for the court of claims which is really in the civil world. That's a big change in the law and in the way practice occurs. What would you say about the fact that your experience has been exclusively criminal and you're being nominated for basically a civil court judge? Thank you for

[Gregory McCaffrey]: the question, senator. When I was a law student, I did student clerkship for the honorable Charles J. Saragusa in the Western I District Federal started my career as an assistant district attorney again doing criminal in Monroe County. I actually left Monroe County DA's office upon the birth of my twin sons and I went to a private general three attorney firm in Geneseo which was civil litigation and also did some criminal defense. I was the Canisius town attorney for a year and a half before I became the district attorney. So I have done some limited and dated civil work in my past. And just so I don't feel left out if I could just take a second. I'm a San Diego Padres fan and I can tell that you're a Yankees fan. They broke the heart of an eight year old when they traded Greg Nettles to San Diego and being the loyal follower that I am. I followed the Padres and they went to the World Series in '84. So that's my answer to that one.

[Senator Shelley B. Mayer]: Thank you. Thank you. Thank you. Ms. Perry, I have a question for you. According to your resume and the materials that we provided, you're you're I mean, you have this very strong work obviously for the university, but are you involved either in any bar associations, any not for profits, the world outside of your work that reflects your commitment to the community?

[Abby Perer]: Yes. So, you know, through Syracuse University, I do engage with United Way of Central New York. I do go to, you know, legal aid society events and and support them there, bar association events. I am a member, you know, of a National Association for Attorneys, but I think that I could get more involved in the local bar, certainly. And it is a goal of mine. I have two children, Dean who's age five and Serena who's age three. So I've just been getting, you know, my feet under me in those last five years. But, you know, I would commit to further engagement.

[Senator Shelley B. Mayer]: Yes. I I I assume you had conflicts in your life, and I I totally appreciate that. The other question I have is, in your role at Syracuse, have you been involved with, if you're free to say, with counseling the university with respect to any potential actions by the federal government regarding Syracuse's funding, employment practices, DEI, any of those issues or those on your in your bailiwick?

[Abby Perer]: Yes and you know without disclosing attorney client privilege certainly. Higher education has been a highly regulated industry for the past at least fifty plus years and so. It has always been part of my portfolio regulatory compliance so interpreting the federal and state laws the policies coming out of Washington or Albany. And then counseling the university on how how can we respond. You know, what programs can remain, you know, what what changes do we have to make. So certainly the volume of work has been increased in recent months, but same philosophy which is comply with the law comply with the policy.

[Senator Shelley B. Mayer]: Okay I understand there's constraints on what you can say I mean you're in a highly charged world right there right now. And I just wondered if you have any further insights with respect to how universities deal with these changing rules from the federal government.

[Abby Perer]: Yeah, I think each university is approaching it differently. I can tell you at Syracuse, our main philosophy through it all is follow the law but be true to our values. And our values is Syracuse has been a place welcoming to everyone and you know with real examples of being one of the first universities to admit women, welcoming Japanese students during World War II, being a place for veterans. Those commitments have not changed and so that is, you know, how we approach our work every day. You can look on the Syracuse University website now and there's still a diversity and inclusion functions. You know it is a changing landscape and we will always comply with the law and take that very seriously

[Senator Shelley B. Mayer]: thank you. Senator Stavisky has a question.

[Senator Brad Hoylman-Sigal (Chair)]: Senator Stavisky.

[Senator Toby Ann Stavisky]: Thank you. Following up on what senator mayor just asked, I am not an attorney but I am a graduate of Syracuse and I chair the committee on higher education and obviously, we are concerned about some of the issues that senator Mayer raised but there are other issues involving student activities that may have gotten out of hand. How did you handle those issues or were there any issues at Syracuse? At the university.

[Abby Perer]: Thank you, senator. Part of my portfolio, my practice there is, you know, student affairs and student conduct in particular. My job is, you know, write our policies and interpret them and apply them fairly to all of our students no matter their background, no matter their religion, no matter, you know, in most cases the speech. And I think we did fairly well, you know, Syracuse University wasn't particularly in the news over the past year. And we engaged our students and our faculty with respect. And we applied the rules uniformly to our students, you know, no matter the subject matter that they are out there you know speaking and engaging on- and so we treated it with respect and fairness and came out the other side I would like

[Senator Toby Ann Stavisky]: to thank. Thank you I'm I'm glad I didn't read about. In the news. We we we only read about good things at the university. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senators to Biscay. Any more senators wishing to speak seeing none If you could be excused and will consider your nominations. Bring what? Bring a wad. Okay. Thank you. All those in favor of advancing the nomination of Monica Wallace to the floor, please say aye. Aye. Any opposed, nay. Any without recommendation? The nomination moves to the floor. Second individual, all those in favor of advancing the nomination of Gregory McCaffrey indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Senators Palumbo and O'Mara are without recommendation. The nomination proceeds to the floor. All those in favor of advancing the nomination of John Bringawat, please indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Senators Palumbo and O'Mara are without recommendation. The nomination proceeds to the floor. All those in favor of advancing the nomination of Abby Perer, please indicate by saying aye. Aye. Are there any opposed? Any without recommendation? Senators Palumbo, O'Mara, and Mayer are without recommendation. The nomination moves to the floor. Our next panel is a series of nominations for court of claims. Noel Mendez, Natasha Evangelista, Mary Lynn Nicholas Brewster, and Erin Guevan. Familiar faces.

[Senator Jamaal T. Bailey]: Think I know that guy.

[Senator Brad Hoylman-Sigal (Chair)]: Welcome. It's good to see you. If each of you could give us a brief set of introductory remarks starting with Mr. Mendez.

[Noel Mendez]: Good afternoon Senator Hoylman- Segal. Good afternoon to members of the judiciary committee my name is Noel Mendez and I want to thank you for considering my nomination to the New York state court of claims. I would also like to thank at this time the governor. Her team and the screening committee for reviewing my application and nominating me for this position. It is truly an honor to be here today. I also want to thank all of those who have supported my candidacy up until this point. I have devoted most of my adult life to public service. Whether it was helping people obtain the basic necessities of life such as housing, protecting the due process rights of the indigent, or safeguarding my community as a member of law enforcement, I've had the privilege of serving my community for most of my legal career. I began thinking about public service just before I finished college. I had studied theater and like many people who study theater, I wanted to be an actor and I imagined being on doing Shakespeare in the park or being on Broadway. But then I began to think about sort of my life up until that point. I began to think about the struggles that my mom faced in raising my brother and I. We grew up in public housing for most of my youth. When I was born, we used to live in the High Bridge projects in The Bronx which are by University Avenue and the major Deegan. We moved to Puerto Rico and we came back, we moved to the Marble Hill projects which are right across the bridge from Manhattan, Inwood next to Kingsbridge and Riverdale. And when I began thinking about my life and my mother's life and the struggles that I've seen her endure, I started to change my thought. And I suddenly had this urge to wanna help people, but I wasn't quite sure how to do that, to be honest, because I I studied theater. So I decided to apply for the NYPD at the time they were hiring a lot of new police officers. And as luck would have it, I became a housing cop in the South Bronx. That's what prompted me to go to law school. So I went to the University of Buffalo. After that, I was very fortunate to have landed a position at the New York State Court of Appeals as a court attorney for their central staff. And I also became even more fortunate when I was able to secure a position as a law clerk to judge Jenny Rivera. After that, my family and I, we stayed here, then my girlfriend, now my wife, we stayed here in Albany County and I began to do volunteer work. And that led to a position at the Legal Aid Society of Northeastern New York where I stood with tenants who were facing eviction. After that, I spent some time prisoners legal services doing immigration work and I even briefly returned back into law enforcement when I joined the Albany County District Attorney's Office in their appeals unit. And now I'm here currently at the Senate. This is my second stint. And you all know I work for senator Bailey. The first four years I was here, was his counsel when he when he was in codes, and now I'm here in his capacity as insurance chair. And I guess to sum up. I want to talk about some of the things that I've learned throughout my life. And on my journey here today. Like all of the nominees who've come before you and will come after I've had to learn how to navigate complex legal issues often very quickly, whether it was at the Court of Appeals reviewing the records and the briefs of the parties, whether it was here in the Senate doing what you all know, people we what we do here in terms of introducing legislation amending legislation considering policy issues preparing for public hearings and testimony alike. Whether it was talking to people in distress. For example, were many times when I was a police officer and I was able to talk to people and de escalate things. Right? And so I've learned how to communicate to people in distress in that sense. And what I've tried to do and what I think I've learned to do is to truly listen to a person without prejudging them. And I think that's crucial. Every day I come here and I meet with many stakeholders, constituents, and they all have issues. And my job as counsel is not only to do the legal research but to make sure that they know that I'm hearing them. And that means affording them an opportunity to meaningfully to show them that I am interested in what they're talking about. And there often times when I go through meetings and we go through the minutia of a bill. We go to the policy issues sometimes they may not like our legislation but I listen. And I listen because at the end of the day that's what I've always done. And so if I'm confirmed I want to continue that tradition. I promise to remain impartial. I promise to be free from bias and to be consist and to rule in a manner that is consistent with the law. But most of all, I promise to act with compassion. The justice system is inherently adversarial. So there are gonna be times where people are not gonna be in agreement with the way that I rule. But my job is to make sure that they understand that I've heard them, that I've given them their arguments due consideration, and that they feel that they're being heard. So even though even though they may not like the result, my job is to make sure that they understand that I gave it my best. And so ultimately, think that's what cornerstone of the criminal of the justice system is, is to be able to listen. And so with that, I just wanna say my final thank yous. First to my wife, Marling, my daughter, Annabelle, my family, my friends, my colleagues here in the senate. I also wanna say thank you to senator Fahey for her support and also very importantly to senator Bailey for being a friend, for being a mentor, and for believing in me. And finally, I wanna thank my mom who's hopefully watching this on a live stream because she wasn't able to come in here. And I would like to, I'll say this little bit in Spanish and I just wanna say I'm just telling my mom thank you. And with that, I guess I'll eagerly await your questions. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Miss Evangelista.

[Denise Hartman]: Good afternoon,

[Natasha Carbajal Evangelista]: senators. My name is Natasha Carbajal Evangelista.

[Senator Luis R. Sepúlveda]: Turn your mic on.

[Natasha Carbajal Evangelista]: I'll start again. Good afternoon, senators. My name is Natasha Carbajal Evangelista. I wanna start off by thanking governor Hochul for the honor of this nomination and the stellar team at the executive chamber as well as the nominations committee for all that they do to serve New Yorkers with excellence. Thank you to each of you senators for and your staff for making time to meet with me and for your work on this committee and beyond. I wanted to briefly highlight what might not be obvious from my submitted materials. I was born and raised on Long Island, the eldest daughter of Uruguayan and Spanish immigrants, and my path has been blessed with a family and community that has supported and celebrated me with each step of my journey. Starting elementary school as an ESL or English as a second language student, I benefited from the support of my parents, teachers, and community to make my way to Cornell University's School of Industrial and Labor Relations and then to Fordham Law School. Amid the Enron, WorldCom, Lehman bankruptcies, and the foreclosure crisis, I kicked off my legal career. I was fortunate to spend five fundamental years of my career as a law clerk to the Honorable Arthur J. Gonzales of the Southern District Of New York and the Honorable Elizabeth S. Stong of the Eastern District of New York bankruptcy courts. Seeing judge Gonzalez and judge Stung explain, defend, and celebrate our laws and values inspired me, my dream to become a judge. Their presence, informed, common understanding impacted individuals near and far, and it was a blessing to see that. After five years in private practice, I have spent the last ten years in state service. It has given me the opportunity to work with dedicated and bright public servants on legislation, litigation, and regulations that have changed the fabric of life for New Yorkers, including the paid family leave law. It has been a full circle moment from my childhood job of translation and advocacy for my parents and family members. As an attorney, I have prioritized serving the legal community and especially empowering those from communities traditionally underrepresented in the legal practice from considering and studying the practice of law. Throughout my career, I have dedicated much time to mentoring students and junior attorneys, serving on committees and leadership positions for bar associations, including the American Bar Association, the Association of the Bar of the City of New York, the Hispanic National Bar Association, the Hudson Valley Hispanic Bar Association, as well as the Puerto Rican and Dominican Bar Associations. Their support in my own career has been incredible. My path has been paved through many courthouses and benefited from the support and mentorship of many more than I can thank. I hope to carry on these experiences to help others pave their own paths and to, without fear or favor of political party grant relief in the courts following the law with compassion and empathy. I thank you for your time and I look forward to answering any questions you might have and I hope I can count on your support.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you miss Carver Hall Evangelista. Next we will hear from miss Nicholas Brewster.

[Mary Lynn Nicholas Brewster]: Good afternoon chairman Hoylman-Sigal and the esteemed members of the state senate judiciary committee. Thank you for the opportunity to appear before you today in support of my nomination as judge of the Court of Claims. I would like to thank Governor Kathy Hochul for this nomination and for her confidence and trust in me to serve as a fair and impartial jurist should you move my nomination forward. I would also like to thank the members of the state senate state judiciary screening committee, excuse me, for the important work that they do. By way of background, I am a first generation college and law student, a proud daughter of working class Haitian immigrants, neither of whom had more than a grade school education. My parents always instilled in me and my younger brother the importance of education, service, and social justice and I am who I am because of them and their sacrifices. And although I was born in The United States, I spent my formative years, my early formative years in Haiti. My first language was French. So when I returned to The States I had to struggle a little bit, you know, when I first started. But I was able to excel in my studies and reading and writing became my best subjects. I majored at in literature at SUNY Binghamton. Growing up, I felt the impact of the legal giants of the civil rights movement like Thurgood Marshall and Constance Baker Motley and how the law can be used to bring about positive change. And inspired by their work and their example, I wanted to follow in their footsteps in the pursuit of justice and to make a meaningful difference in people's lives. I went to NYU Law School and over the course of my thirty years of legal experience I believe I've honored that aspiration to make a meaningful difference. I've had the honor to work at all levels of the court system from serving as a judge in the village court to serving as a court attorney referee in the supreme court to serving as a law clerk in the federal and state appellate courts to my work as an appellate litigator at the Attorney General's office and also at the Westchester County Attorney's office. And also now as Executive Director of the Franklin H. Williams Judicial Commission, a permanent statewide court commission dedicated to promoting equal justice in the courts which is chaired by the Honorable Shirley Troutman, excuse me, Associate Justice of the New York State Court of Appeals and the Honorable Troy K. Weber, Associate Justice of the Appellate Division First Department. My background and my varied legal experiences as well as my experience as executive director of the Williams Commission will allow me to bring a different judicial perspective to the bench. I have been a public servant for my entire career and I've also served as a judge so I know firsthand that judicial office is one of the highest forms of public service and that as a judge you have the responsibility to ensure fairness, equity, and justice. And I pledge to work hard and with excellence to treat all litigants with dignity and respect and to adjudicate matters in a fair and impartial work way. So I want to thank each and every one of you for considering me today. I want to thank my parents, my brother, my sons, Christian and Cameron, the co chairs of the Franklin H. Williams judicial commission, honorable Shirley Troutman, honorable Troy K. Weber, both of whom are my mentors, all of the members of the Franklin H. Williams additional commission who work every day to advance justice in our court system, my extended family, my friends, and my entire village. Again, thank you to Governor Kathy Hogle and to this esteemed committee and thank you for the opportunity and I look forward to any questions you may have.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you. Thank you miss Nicholas Brewster and now we'll hear from Erin. Thank you so much chairman

[Erin Guevan]: And thank thank you all senators for being here and considering my nomination and I thank governor Hogle it is humbling and it's an honor to be nominated. So, I've been a public interest attorney for my entire career of almost twenty five years now. Currently, I serve as a support magistrate in Westchester County Family Court. One thing about that job is that it's a high volume court and many of the people who appear before me, they don't have money to hire an attorney. A lot of them don't speak English. All of them are scared. Most of them scared and angry or hurt. And my job sitting on that bench is to make sure that they understand what's happening and why it's happening and why I'm doing what I'm doing. And I take that very seriously. As I said, it's a high volume court. I think in the first month and a half of working there, I presided over 500 cases and issued over 60 decisions. And compassion and patience is the of the utmost importance to me in fulfilling this role. For the fourteen years prior to being a support magistrate, I worked as a court attorney referee in Supreme Court. A lot of the job entailed presiding over bench trials and complex civil litigation. Most recently, through orders of reference, which is a mechanism in which a sitting judge can confer power to a referee to either hear and report or hear and determine on cases. The last one of the last cases that I presided over was twenty eight days worth of testimony involved expert witnesses, millions of dollars, forensic accountants, and the trial decision that I issued that that that's the appealable paper. So, I've had a lot of experience not as a judge but sitting on the bench and performing many of the same functions that a sitting judge would do, ruling on objections, things of that nature, trying to trying to move the case and just general case management. And before that, and I I know I'll wrap up quickly because I know there's two kinds of speeches, short speeches and bad speeches. So, before that I was a poverty lawyer. I worked for legal services of the Hudson Valley representing survivors of domestic violence, landlord tenant issues, anything that could possibly come up in terms of helping people that generally didn't have access to justice and I also grew a program of volunteer attorneys from, I can't even, I can't remember what we started with thirty, forty to something like 800 and and created programs all over the 9th Judicial District as well as Sullivan and Ulster Counties to try to promote access for to justice for people who wouldn't otherwise be able to afford an attorney. So, I thank you again for your consideration I you know I'm doing this because I I love serving the public and I I just I hope to keep doing that so thanks again.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you very much we'll now have questions from the panel- Senator Bailey.

[Senator Jamaal T. Bailey]: Thank you, mister chairman. Thank you, governor Hogle for nominating each and everyone of you but I expectedly want to I just want to reserve the majority of my time for mister Mendez. One, who is this? You never dressed this well when you came to in in the office. You never this sharp. I I don't know where you got that tie from brother but it's sharp. But sharp is who you are as a legal mind and the reason why we are going to be lucky to have you on the bench. Hiring you as as my council when we came into the majority was a brave new world. We didn't know what was happening and we didn't know how to be in the majority but you helped to steady the waters in the codes committee where we were able to do some of those transformational things in the history of New York State. And so you have been a conscience. You have been a someone with if there if there's attention to detail, you are beyond attention to detail. Your stat your ability to decipher statutory construction is something that we will be lucky to have on the bench. I just I just wanna say that thank you for being an example that you can make it, you know, like, from Marble Hill to the hill on State Street, my brother. That's real. And so what you will do on the bench will be phenomenal. And while you may be conflicted out to to come to the office, Annie's still welcome. Tell Annie to come by. Right? Annie, we still we still gonna have her name tag in the office. She's still good. But but I am looking forward to your journey. Hiring you was one of the best things that I've done but this journey will be one of the best things that you've done outside of Marlene in any of course. Congratulations in advance my brother I love you.

[Noel Mendez]: I love you too senator thank you.

[Senator Brad Hoylman-Sigal (Chair)]: And I just wanted to give you a two weeks notice.

[Senator Jamaal T. Bailey]: I'm trying to figure out how quickly can get his stuff out the office because I'm trying to do some HGTV remodeling. I'm a knock down some walls. I'm a I'm a call in a property brothers. I'm a do some things in the office. I'm a, you know, I'm trying to I'm trying to HGTV his office. So, you know, when you get confirmed tomorrow, brother, I need your stuff out.

[Senator Brad Hoylman-Sigal (Chair)]: Acknowledged. Thank you, senator Bailey. I'm assuming you don't have a response to that. Senator Sepolveda.

[Senator Luis R. Sepúlveda]: One important question. Are you a Mets fan or Yankee fan?

[Noel Mendez]: I plead the fifth.

[Senator Luis R. Sepúlveda]: Know I want to thank you as well everyone that I've spoken to about you is that had nothing but high praise for your trajectory. And if Jamaal chairman of Bronx Democratic Party says that you're an excellent candidate then I have to take his word for it even though he has a terrible sense of what teams to root for But I

[Senator Jamaal T. Bailey]: really. I

[Senator Luis R. Sepúlveda]: really. You know as someone who represents The Bronx close to the area where you come from. Again you're a role model for kids that come from that community and aspire To a profession that unfortunately many of us and the Latino community not part of. So I want to thank you and we'll support you wholeheartedly- Natasha as well as you. Great trajectory. Great role model we need but you know just some buffalo there as well or Upstate or Rochester wherever it is that the North Of Yonkers that you come from But it's good that we're having some level of diversity up in Upstate as well as you judge Brewster or miss Brewster. We need a very diverse bench and I emphasize that time and again because that is the only way that the system represents the entire state of New York. So I want to thank all of you. Miss Gounard, thank you for being here as well. I just I have one particular not issue, but question. Just recently I saw some kind of advertisement where you were a candidate for New York State Supreme Court and there's a fundraiser coming up or was supposed to come up or something like that. So I'm a little baffled as to what happened.

[Erin Guevan]: Not as baffled as I was. So I had put in this nomination or the application for a position on the Court of Claims I think three years ago. And I had a wonderful experience with the screening committee and it was they really it was incredible to to be asked questions by them. So but I had never heard anything about it and it was my understanding through through talking with my party leader. I'm I'm in Westchester County that the the local party was supporting other people for the the court of claims position this year and offered me an opportunity to run for Supreme Court in the ninth judicial district where I live. So I said, why of course, I would love to run-in the 9th. So I and that was due to a we had a retirement. One of our justices retired unexpectedly. So I put a committee together within forty eight hours, bought 5,000 excuse me, bought 5,000 palm cards that are now sitting in my trunk and expected full well to be on the ballot in November. And on Thursday, I got a phone call from, I believe, a mister Ward in the governor's office asking me if I was still interested in becoming a judge of the court of claims. And I think I said something along the lines of I think you may have called the wrong person because it was my understanding that I was no longer being considered for that position. And so I said, of course, I'm I'm interested but I I I wanna make sure that that there hasn't been some sort of mix up because I thought I was not being considered and I thought that, you know, the party leadership had had decided to go another way. So I I guess my chair made some phone calls and I heard again from mister Ward that said that there had not been a mistake that the governor had chosen me and I and her I I her staff and the committee and whoever else is involved. I'm not I'm not a 100 sure.

[Senator Sean M. Ryan]: Well, really happy that you're with us today.

[Erin Guevan]: I I was I was overwhelmed and and again, I I didn't know if I was it was a it was a strange position position because I I didn't wanna mess up anyone else's plans either, you know, if if so but she said, you know, my my chair said, listen, you know, if this is something that you're interested in, and of course, I you know, it was. I I so I called back immediately and accepted. So that's why hopefully we'll not be seeing any more advertisements or fundraisers or anything having to do with my campaign which is suspended. The money is being sent back and the deposit hopefully will be able to get back from the place where we were having the fundraiser. It's been a it's been a heck of a couple weeks but I am extraordinarily grateful to have this opportunity. And like I said, it's it's an honor of a lifetime.

[Senator Luis R. Sepúlveda]: So I appreciate your trajectory, the work that you've done. It's to the heart, but thank you so much I just wanted to clarify that because I was a little confused.

[Erin Guevan]: Believe me yeah I don't know what to do with the palm cards.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator Sepolveda. Senator Palumbo has a question.

[Senator Anthony H. Palumbo (Ranking Member)]: Thank you, Chairman. Know, it's just a quick comment that you have a lot to be proud of. You are, knowing you personally from the halls here and from committee and so forth, you have a lot to be proud of and you deserve it. I think you'll be a fantastic judge. Welcome- you know you've left the asylum good for you. And that you do clean up that I mean- the senator Bailey certainly- no I'm only kidding I'm only kidding you were always sharply dressed but- I just wanted to say. Thank senator appreciate. Congratulations to the

[Senator Jamaal T. Bailey]: panel yes he was he was like I have to admit I was just joking guys.

[Noel Mendez]: Thank you senator maybe not

[Senator Anthony H. Palumbo (Ranking Member)]: a sharp as the senator you know you may be not as the colors weren't as bright but- you know he's always. Impeccably dressed.

[Senator Luis R. Sepúlveda]: Doesn't change the fact that he's a Met fan but that's okay.

[Senator Jamaal T. Bailey]: Better record than the Yankees.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator Palumbo. Senator Mayer.

[Senator Shelley B. Mayer]: Thank you very much chairman. First to Noel congratulations and and thank you for speaking to your mother in Spanish. I think we all were very moved and I suspect everyone who's here today wants to thank someone in their family personally for helping them along with trajectory. And I I know you've spoken of so highly by my colleague and and friend, senator Bailey. Congratulations to you and Natasha who has an incredible reputation here in state government. It's a credit to you that you've moved so far up so fast, and we look forward to your confirmation. And Ms. Nicholas Brewster, thank you for your work on the commission, which, you know, I know from the issues that I've raised in the court system, the commission has actually paid attention to this issue particularly pro bono litigants and women and people without assets and people who are frightened by the court system. And I very much appreciate your commitment to that and I know you'll be an excellent judge. Erin Gounard is someone who has been a friend and someone I've supported for many years on her path to trying to become a judge. And I'm very confident having worked with her on the issues of access of poor people to our court system and the challenges that they face which are so real and not to be underestimated, that you will be an excellent judge and I'm I'm very honored for you to be nominated. So I just wanted to make that point. Thank you, chairman.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, senator mayor. Any further questions? Seeing none, if you might excuse yourselves and we'll consider your nomination. Thank you very much. Things seem to be in a celebratory mood in Albany for some reason or the other. I can't imagine why. We'll now consider the nominations of the panel that was just before us. All those in favor of advancing the nomination of Noel Mendez to the floor, please indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Mr. Mendez's nomination goes to the floor. All those in favor of advancing the nomination of Natasha Carbajal Evangelista indicate by saying aye. Aye. Are there any opposed? Any without recommendation? The nomination proceeds to the floor. All those in favor of advancing the nomination of Mary Lynn Nicholas Brewster indicate by saying aye. Aye. Any opposed nay. Any without recommendation? The nomination proceeds to the floor. All those in favor of advancing the nomination of Aaron Guevan indicate by saying aye. Aye. Are there any opposed? Are there any without recommendation? The nomination proceeds to the floor. The next panel will be nominations for Court of Claims. Menakam Menakam Mirashnik, J. Kim and Dennis Rhoads. Welcome. Mr. Muroshnik, if you could introduce yourself briefly to the senators.

[Menachem Maroshnik]: Yes, mister chairman. First, I wanna thank the governor for nominating us and the committee for taking out the time to vet our evaluate applications. For the past twenty five years, I was honored for working in the court system. For the past sixteen years, I was associated to serve as a law clerk to supreme court justice Orlando Marazzo junior. In that process, I've received my main seasoning and training and the standing of the court system. I started with justice Marazzo in civil court in 2010. In 2012, justice Marazzo became a hybrid acting supreme court justice. And in 2017 on, we've been working in state supreme. In this capacity I've worked from small claims court cases to civil trials to serious and complex medical malpractice and serious commercial cases. I've been exposed in the last twenty five years to a vast universe of law and I'm proud of my experience. The most important lesson that I've learned in the court system is is our job as a law clerk assisting the judge. The court's job is to evaluate the law as presented, passed by the state legislature, to fully look at the facts, to be probative of the facts, when motions come in or trials come in to understand the facts of the case, the the briefs the lawyers prepare, study the law, and they're on independent research to make certain we got it right, and we dispense justice as the law requires. Thank you. Mister Kim.

[Jay Kim]: Good afternoon, chairman and members of the senate judiciary committee. My name is Jay Kim, and it's an honor to appear before you. Thank you for your time and for your consideration of my nomination. I would like to thank Governor Hochul for nominating me to the Court of Claims and trusting me to serve the people of the state of New York. I'd also like to thank my family, friends, colleagues, and mentors who have supported me throughout this process. I'm a first generation Korean American and a resident of Queens County. I grew up in the Queens neighborhoods of Flushing and Whitestone and my parents, Steven and Julie, taught me at an early age the importance of helping others and giving back to the community. They volunteered at my school. They were active in my neighborhood, and now I try to set a similar example for my two young children. After attending Saint John's University School of Law and consistent with the values that my parents taught me, I pursued a career in public service. I was a civil litigator at the New York City Law Department, an in house counsel at the New York City Department of Education, and a law clerk to three judges of the court system, judge Theodore T. Jones and judge Jenny Rivera of the New York State Court of Appeals, and currently judge Dina Douglas who sits in Kings County Supreme Court criminal term. In these positions, I defended the City Of New York, its agencies, its employees, looked out for the best interest of our students and educators, and assisted judges in resolving the cases before them. I gained extensive experience in both civil and criminal law at the trial and appellate levels and a valuable insight into the judicial decision making process. I now seek to become a judge because it it is one of the highest callings of public service. As a law clerk, I have seen firsthand the significant impact that judges can have on the parties who appear before them. Whether issuing a ruling that provides guidance on a legal issue or encouraging parties to consider treatment options for a criminal defendant's underlying behavior. Judges bear great responsibility because of the their decisions can shape the lives of others. I firmly believe that because of that, it's important that our judiciary be comprised of skilled judges with varied life experiences who are representative of the communities they serve. And I believe that given my background, I can offer a unique skill set and perspective to our judiciary. If confirmed, I pledge to ensure that all who avail themselves of our courts get access so they may seek redress for their injuries. I would follow the law and apply it objectively, treat parties fairly, and with patience, and give everyone an opportunity to be heard. So thank you again for your consideration.

[Dennis Rhoads]: Thank you, mister Kim. And mister Rhoads. Thank you. Good afternoon, mister chairman and distinguished members of the judiciary committee. As was mentioned, my name is Dennis Rhoads and I wanted to express my thanks for the opportunity to appear before you today. For the last twenty one years, I have dedicated my professional life to serving the people of New York in both legal and administrative roles within the unified court system. After graduating from Saint John's Law School, my first job in the court system was working on a secretary line for a supreme court judge. Since then, I have served as a court attorney and a principal law clerk to judge George j Silver, and I've had the fortune of working with him in the New York City civil court, the New York City family court, and the supreme court in New York County civil term. In each of these courts, I conference cases and wrote hundreds of draft decisions on judge Silver's behalf. On the administrative side, I had the privilege to serve as the chief clerk of the Supreme Court New York County civil term for more than five years. During that time, I was able to play a small role in helping that flagship courthouse remain open every day during the COVID nineteen pandemic, which is something I will always take great pride in. Most recently, served I have served as chief of staff to deputy chief administrative judge Adam Silvera, helping judge Silvera oversee the day to day operations of the New York City trial courts. Throughout all of my different assignments in the court system, I've been fortunate fortunate to have been mentored by some truly excellent judges. Each of these judges had different styles and different personalities, but the one common thread they all shared was an exceptional judicial temperament. If I'm lucky enough to continue my service in the unified court system as a judge, I give you my word that every decision I make will be based on the law and the facts as I understand them, and that I will treat attorneys, litigants, and court staff with respect and courtesy. On behalf of my family, my wife Rosemary, my children Jessica and Mark, I want to thank governor Hochul for nominating me. This moment is something that I didn't think was possible, and I am humbled by the governor's faith in me. I also want to thank the governor's staff for their guidance throughout this process and this committee and its staff for the important work it does on behalf of the

[Senator Brad Hoylman-Sigal (Chair)]: people of New York. Thank you. Thank you very much. Any questions from our senate panel? Mister and senator Cooney.

[Senator Jeremy Cooney]: Well thank you chairman. Appreciate it and congratulations to all of the nominees. I just wanted to make a comment to mister Kim. We had the opportunity to spend a little time talking before today and we talked about not only your career in public service and your commitment to New Yorkers but also being representative of the Asian American community. This is something I feel very passionate about as we know Asian Americans are the fastest growing ethnic minority population in not only New York but also in The United States and yet we are still woefully underrepresented

[Senator Jamaal T. Bailey]: on

[Senator Jeremy Cooney]: the bench as candidates for the judiciary often are not reflective of yours and mine shared heritage. So I want to thank you for not only stepping up in this role but for your commitment in the future to making sure that our bench is more inclusive, for role modeling, for future generations, for your family, and for other families across New York that Asian Americans do have a role to play in our state judiciary and I wanted to thank you in advance for that work.

[Jay Kim]: Thank you very much Senator Cooney. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Well said Senator, any further questions from the panelists? Seeing none. Oh, senator Zebiski. Thank you.

[Senator Toby Ann Stavisky]: Thank you. No, I too want to thank you mister Kim for your service. I believe there used to be you used to be in my senate district but your story should be the story of many additional people coming through the ranks, being part of the community. I know the Whitestone Flushing area is extremely important and your roots are there and I have lived in that area as well. So, I congratulate you on your appointment and let us hope that you continue to provide the kind of mentorship to other young Asian and to everybody, frankly, that you received. So again, congratulations.

[Jay Kim]: Senator, thank you very much.

[Senator Brad Hoylman-Sigal (Chair)]: Yes, mister Kim. I received many texts in support of your nomination, I have to say. So it was nomination by text in in many respects, but congratulations to the entire panel and and mister Rhoads, you mentioned Adam Silvera and George Silver, you know, I could say you had me at Silver, you know, but congratulations as well- thank you Mr. Maroshnik- so if you could all be excused being having no other questions from the panel will consider nominations. Thank you thank you. All those in favor of advancing the nomination of Menachem Maroshnik indicate by saying aye. Aye. Are there any opposed nay? Are there any without recommendation? Senator Palumbo is without recommendation. The nomination proceeds to the floor. All those in favor of advancing the nomination of J. Kim, please indicate by saying aye. Aye. Are there any opposed? Are there any without recommendation? The nomination proceeds to the floor. All those in favor of advancing the nomination of Dennis Rhoads indicate by saying aye. Aye. Are there any opposed? Are there any without recommendation? Senator Palumbo is without recommendation. The nomination proceeds to the floor. Our next panel is another panel for New York State Court of Claims. Welcome Eileen Fern, Darlene Goldberg, and Gordon Cuffey. Miss Fern, if you could give brief introductory remarks.

[Eileen Fern]: Thank you. Good afternoon, everyone. I would first like to thank the governor for having the confidence in advancing my nomination as a judge of the court of claims. I would also like to thank the entire committee for meeting with all of us today. I am deeply honored and humbled by this appointment. With my legal background and experience, I am confident in my ability to serve effectively as I have been a principal law clerk to four great judges in the court system for thirty six years. I spent the first six years in the lower civil court and criminal court, and I spent the last thirty years in the supreme court where I've been an integral part of all manner of civil litigation almost every single kind of case that there is. I've drafted thousands of decisions some of which have been published, conducted pretrial conferences, pretrial precharge conferences, and drafted many jury charges and verdict sheets. While I was in the Supreme Court, I had the opportunity to conduct the city trial scheduling calendar where I conferenced hundreds and hundreds of complex tort cases, some of which were very serious as they involved speeding police cars, other emergency vehicles, fire trucks, and so the injuries were very serious. As a result, I have a substantial working knowledge of the law and its application in a fair and unbiased manner. And for the last four years, I've worked in a guardianship court where the court plays a vital role in protecting our most vulnerable people in society who are unable to make decisions for themselves and ensure their well-being and protect their interests. And these cases are very challenging because they involve very serious illnesses such as Alzheimer's and dementia, often multiple strokes and other serious injuries. And the court has to deal not only with the injuries but also with a lot of emotional components in the family. In dedicating my professional life to public service, I have strived to be a positive representative of our judicial system to be knowledgeable on the law, to be fair, impartial, and patient, and to give all litigants and attorneys an opportunity to be heard and to be treated fairly. I'm dedicated to the pursuit of justice and will serve with integrity. I am absolutely thrilled with the length of time that I have had in the court system to reach this pinnacle of my career. I've been waiting, and I just can't wait to start this new chapter and contribute to the judiciary. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, miss Fern. Miss Goldberg?

[Darlene Goldberg]: Good afternoon. I am Darlene Goldberg and currently serve as principal law clerk to the honorable Karen Fink who presides over felony criminal cases. I wanna thank governor Hochul for this prestigious nomination and to thank all of you for your time and consideration regarding my confirmation. I was raised and remain a resident of Long Island, New York where I reside with my husband of thirty years and my two amazing daughters aged 20 and 24. I have always been passionate about advocating for the indigent and underrepresented. So it surprised no one who knew me when I chose to begin my legal career at the Nassau County Legal Aid Society in 1994 and remained there for fourteen unbelievable years. Everything I ever needed to know about being an advocate and a litigator, I learned there. I had the most dedicated and supportive mentors, teachers, and colleagues, and true examples of what tireless advocacy for the unseen and unheard looked like. I later started my own criminal defense practice, specifically focusing on indigent defense as a member of the eighteen b assigned counsel panel. And it is during that time that I evolved and grew up as a lawyer and gained the confidence to trust my own judgments and instincts. This has served me well in my current role as principal law clerk where it is my responsibility to judge Fink to make sure I get the law and legal analysis right. This has greatly sharpened both my knowledge of the law and my critical thinking skills. The mentorship and friendship of judge Fink over the past four years gives me both the experience and confidence to take this next step in my legal career. If confirmed, I will surely emulate her hard work, unwavering pursuit of a just result, and mostly her patient, calm, respectful judicial temperament. Since starting my legal career in 1994, I have spent almost every single day in a courtroom, so the courthouse truly feels like my second home. It is this daily lived experience that informs my intimate understanding of all aspects of our legal system, and more specifically, the type of jurist that I will be if confirmed. It is the type of jurist that I always wanted to appear before when I was a litigant. I hope that you find me worthy of your confirmation.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you very much, miss Goldberg. Mister Coffey?

[Gordon Cuffey]: Alright. I am honored to have the opportunity to appear before you and to be submitted for reappointment as a court of claims judge by governor Hochul. I've spent much of my career in public service, including as an assistant attorney general, the general counsel for the Thruway, county attorney for Onondaga County, and assistant attorney general. As a court of claims judge designated as an acting supreme court judge, I hear criminal cases in Onondaga County. I've applied for reappointment because I would like to continue to serve the public with honesty, integrity, and justice as a court of claims judge. My wife and I come from humble beginnings. She grew up in the projects of the South Bronx, and I in the Brownsville section of Brooklyn. My parents were working class immigrants from Grenada. They taught my siblings and I the value of hard work and trying to do the right thing. I've always worked hard, including throughout my time at Brooklyn Law School, where I worked full time during the day and went to school at night. I bring humility and hard work to the bench, and I will continue to strive to serve to serve the people of the state of New York to the best of my abilities. As noticed earlier, I worked as a prosecutor in Onondaga County District Attorney's Office for ten years, first doing appellate work and then prosecuting violent crimes. I was an assistant attorney general for seven years, first doing civil litigation and later working in the organized crime task force. I served as the head of the Onondaga County law department for seven years before becoming the general counsel for the New York State Thruway Authority for two years prior to my current appointment. I also previously taught a law class at Syracuse University and was an adjunct professor at Syracuse University College of Law for seventeen years. I'm a graduate of Brooklyn Technical High School, Syracuse University, and Brooklyn Law School. I've been married to my wife, doctor Nadine Cuffey, for thirty eight years. We have one child, my daughter Nicole Cuffey, who is the author of two books, and I wanna get this straight, dancers and o sinners, which are available wherever you buy your books. As an acting supreme court justice, I bring fairness, respect for the for the people who appear before me, and most importantly, empathy. I honor the constitution of The United States and the state of New York and will continue to work to be the best judge I can if I am confirmed. Thank you for your the opportunity to speak to you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, mister Cuffey, and thank you to all of the nominees. If you could excuse yourself, we will consider Oh, you have questions. I'm so sorry. Imagine me just running rough shot over my colleagues.

[Senator Toby Ann Stavisky]: Seniors to this. I just want to comment on Eileen Fern. We've known known each other for many years. She brings an incredible amount of experience at all levels. She's currently associated with Supreme Court Justice Lee Mayer son whose mother served for many years in the state assembly and if confirmed I know she will do a remarkable job. Thank you.

[Senator Shelley B. Mayer]: Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you senator Stavisky.

[Senator Jeremy Cooney]: Senator Cooney. Thank you. I just wanted to echo my congratulations to each of the nominees. Always great to see nominees from Long Island where my wife is from and very proud of the work that she does, but also of her time and her family on Long Island. Appreciate your service to that community. And mister Coffey, everyone speaks so highly of you with our within our senate community, but also in Upstate New York. And I thank you for your many years of distinguished service to this day. I know that you are very prideful of your time in in Kings County but we're very glad to have you in Onondaga. Well, thank you very much. Thank you all.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, Senator Cooney. Any other questions for the nominees? Now, we will excuse you.

[John Bringewatt]: Thank you.

[Denise Hartman]: Thank

[Senator Brad Hoylman-Sigal (Chair)]: you. And consider your nomination. Thank you very much. All right colleagues, all those in favor of advancing the nomination of Eileen Fern as a judge of the New York State Court of Acclaims indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? Senator Palumbo is without recommendation. The nomination proceeds to the floor. Similarly, all those in favor of the nomination of Darlene Goldberg to the New York State Court of Claims indicate by saying aye. Aye. Any opposed nay. Any without recommendation? Senator Palumbo is without recommendation. The nomination proceeds to the floor. All those in favor of advancing the nomination of Gordon Cuffey to be a judge in the New York State Court of Claims indicate by saying aye. Aye. Any opposed, nay. Any without recommendation? The nomination. Any without recommendation? The nomination proceeds to the floor. Our next and final panel, also for the New York State Court of Claims, and here they come.

[Senator Luis R. Sepúlveda]: With their own one sound

[Senator Brad Hoylman-Sigal (Chair)]: And they have yes. With a jazz band behind them. James Ferrara. Correct. Rhonda Tomlinson? Good afternoon. And Cheryl Joseph?

[Judge Cheryl Joseph]: Good afternoon.

[Senator Brad Hoylman-Sigal (Chair)]: Mister Ferrera, if you could open with some introductory remarks? Sure.

[Judge James H. Ferreira]: I'd be happy to. First of all, to begin, I wanna thank the committee for having me here. I want to thank Governor Hochul for sending my nomination for reappointment to the Court of Claims to the committee. So appreciated. I wanna thank senator Hoylman-Sigal and senator Palumbo for having me appear today. I wanna thank the members of the committee as well. I also just very briefly need to thank call people. Judge Seis, who's my presiding judge, I wanna thank him. He's been a terrific mentor and source of support over the years. And also my supervising judges when I help out in Supreme Court. I do a bit of acting Supreme Court work in Albany County and Schoharie County specifically, thanking judge Christina Reba and formerly judge Connolly, before that judge Tom Brenzoneri. Of course, thank my family, wife Abby, and my daughters Maddie and Kate. And no good chambers is good without its staff. And I have to point out my secretary Michelle and my law clerk, Jessica Wilcox, you saw earlier today who's up for a candidacy for a family court in Albany County and is was considered by the committee earlier. So I've been blessed to be around great people and and a great support mechanism and only I'm here because of that. And so I just wanna note that. Briefly, you have a lot of my information in front of you, but I've been on the Court of Claims since 2006. I was reappointed in 2007 and then reappointed in 2015. I carry a current caseload of Court of Claims cases which involve lawsuits against the state of New York as well as I handle supreme court civil matters in Albany County and Skoufis matters. I must say it's been an honor and a privilege to serve as a judge. I'm thoroughly excited and thrilled about the opportunity to continue to serve. It's been a humbling and rewarding journey over the last number of years and never ever have ever taken a day for granted and like to think that my approach to cases is a good one and that I've helped people get from point a to point b when they need it and when they're in their some of their toughest times and it's been a pleasure and I can't say enough about it. So with that, just briefly, I'm happy to answer any any questions the committee would have. As I said, court of claims caseload and an acting supreme court caseload. So but thrilled to be here and just so honored and humbled. And I wanna thank you all. Miss

[Senator Brad Hoylman-Sigal (Chair)]: Thomas and by the way, senator Zellnor Myrie sends his regards.

[Unidentified committee member (brief interjections)]: Thank you very much. Good afternoon chairman Hoylman-Sigal and esteemed members of this committee. It's an honor and privilege to appear before you. I thank governor Kathy Hochul for her nomination for reappointment to the New York State Court of Claims. I'm grateful to my family, friends, and staff for their professional and personal support. I thank my husband and brother who are here with me today. I especially thank my mother for establishing a firm foundation in education, civic engagement, and respect for humanity. My mother, a proud woman who immigrated from Panama, raised us in a close knit racially and culturally diverse Caribbean community with a strong faith based foundation. There was always a constant emphasis on education with the understanding that there's always more to learn. Through much personal and professional sacrifice she endured and to ensure that my brother and I had a solid education. She demonstrated the importance of civic engagement and understanding that we are obligated to a larger community which necessarily requires an appreciation for the humanity of others. It's now my privilege to be her caregiver. She is not in attendance today but she is here in spirit. That upbringing underpins my career that has been dedicated to public service and education. I began as a paralegal securing grants to to prevent eviction and a prison legal assistant. After law school, I transitioned to a criminal law practitioner and then a statewide administrative judge while enjoying a position as a college and law school adjunct professor. Keeping in mind the importance of community service, education, and advocacy, I continued supporting community based nonprofits as a volunteer. When I decided that I would seek consideration to become a judge, I had developed the skills to hear both sides, be impartial, and make fair and reasoned decisions based on the law while never compromising the dignity and humanity of the people before me. Four years ago, was nominated to serve the people of the state of New York as a jurist on the New York state court of claims. I currently sit in Kings County supreme court criminal term. Serving on the bench has been the most impactful and important part of my legal career. Hearing cases and making critical decisions that affect the lives of those on both sides is a profound opportunity to affect the core of our communities. With each case, new issues are presented. I continue to learn. I apply the law giving careful consideration to the unique facts as I or the jury find them and and render conclusions that are reasoned and fair. This requires patience to hear all sides, sit in judgment but not to judge, and the compassion to remember that everyone, the complainant, accused, and the surrounding loved ones collectively are experiencing perhaps the lowest and most traumatic points of their lives. They all deserve respect and empathy from the court. My mother's model never leaves me. Again, thank you senators for your time and consideration. I especially wish wish to say thank senator Myrie for his consistent support. Thank you all.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you, miss Thomas and miss Joseph.

[Judge Cheryl Joseph]: Good afternoon senators. I would like to thank governor Hochul for having the confidence to advance my nomination. I'd also like to thank you chairman and the entire committee for this opportunity to be before you today. I've had the distinct pleasure of presiding over matrimonial matters since my appointment in 2015. In 2020, I was appointed to the role of supervising judge of matrimonial matters in Suffolk County. Additionally I proudly serve on a number of statewide as well as local committees. These opportunities have enabled me to grow both professionally as well as personally and in turn add depth to my ability to preside over what is considered among the most difficult cases because to put it succinctly, no one gets married to get divorced. It has truly been a privilege to serve in this capacity and the highest honor of my career. Thank you very much for your consideration.

[Senator Brad Hoylman-Sigal (Chair)]: Thank you very much. We'll now turn to questions from our senate panel. Senator Mayer.

[Senator Shelley B. Mayer]: Welcome to you all and thank you for hanging in here with this great music in the background and being focused. Miss Thomas, I just had a question from your resume. You're currently sitting as a court of claims judge? That's correct. Okay. But the first thing on the resume says supervising administrative law judge of the New York State Parole Adjudications Bureau. Is this not updated resume?

[Unidentified committee member (brief interjections)]: Apparently not. Four years ago, was appointed. Sit in That's what I thought.

[Senator Shelley B. Mayer]: And then I saw I was confused. Okay. So the last four years, you served as a court of claims. That is correct. Okay. Just that's the issue. Thank you. That was my question.

[Senator Brad Hoylman-Sigal (Chair)]: Thank Thank you, senator mayor.

[Senator Luis R. Sepúlveda]: Senator Sepolveda. Just quickly, judge Thompson. Can you tell everyone here what law school you graduated from?

[Unidentified committee member (brief interjections)]: With I proudly proudly share that I went to Hofstra Law School, the Morese

[Senator Luis R. Sepúlveda]: Dean Finally, I get someone from my law

[Senator Toby Ann Stavisky]: school up here. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: Senator Palumbo, what law school did you attend?

[Senator Anthony H. Palumbo (Ranking Member)]: St. John's, our beloved St. John's chairman. And we had several panelists who graduated from there. I just wanted to say congratulations to you all. And Judge Joseph, nice to see you.

[Judge Cheryl Joseph]: Nice to see you

[Senator Anthony H. Palumbo (Ranking Member)]: too, Senator. And you certainly I just wanted to comment having had cases and practice in front of you. You have a fantastic temperament and to deal with matrimonials is is not an easy thing and you really do a wonderful job. So I look forward to your reappointment.

[Judge Cheryl Joseph]: Oh, thank you, Senator.

[Senator Anthony H. Palumbo (Ranking Member)]: No. It's my pleasure. And we always have a little action when we have committee hearings or or nominations in this in this room here. Sometimes we do it in the capital. Other times we do it here. Couple years ago, we had all kinds of action, a little different than this kind of rock and roll music, but when we had you know who being nominated. But I promise I'm not gonna I'm not suing anybody on this this cycle, so no worries. No worries. But now it's good to see you all.

[Senator Brad Hoylman-Sigal (Chair)]: Any further questions from our panel? Seeing none, if you might be excused and then we'll consider your nominations.

[Unidentified committee member (brief interjections)]: Thank you. Thank you.

[Senator Brad Hoylman-Sigal (Chair)]: So for our last panel, being nominated for the Court of Claims, all those in favor of advancing the nomination of James Ferrara, please indicate by saying aye. Aye. Are there any opposed? Are there any without recommendation? The nomination moves to the floor. Next individual, all those in favor of advancing the nomination of Rhonda Tomlinson to the floor indicate by saying aye. Aye. Are there any opposed? Are there any without recommendation? The nomination proceeds to the floor. Next nominee. All those in favor of advancing the nomination of Cheryl Joseph, please indicate to to be moved to the floor. Please indicate by saying aye. Aye. Are there any opposed nay? Are there any without recommendation? The nomination proceeds to the floor. Seeing no further business before us, the meeting is adjourned. I want to thank everyone for a successful session. Have a great summer until we meet again.