Makowski judicial post to remain vacant for now
The strange saga of the State Supreme Court seat once held by former Justice Joseph G. Makowski continues.
Erie County Democratic Chairman Leonard R. Lenihan said this week that Gov. David A. Paterson's office has informed him there will be no interim appointment to replace Makowski on the local Supreme Court bench. As a result, the seat will be filled in the November general election, after all parties have submitted candidates at judicial nominating conventions.
Makowski resigned in March under pressure from District Attorney Frank A. Sedita III for submitting a false affidavit while trying to help a friend escape a drunken-driving charge. Then, after months of inaction, Paterson named City Judge Robert T. Russell Jr. to the post in June, only to have Russell turn down the appointment.
Russell cited a lack of support from Lenihan for the post.
But Paterson's office never acknowledged Russell's withdrawal after officially announcing the appointment.
Now Lenihan says the governor has opted to simply let the process play out, with nominations to be decided at a judicial nominating convention in September.
-- Robert J. McCarthy
