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GOVERNOR SPITZER APPOINTS JUSTICES E. MICHAEL KAVANAGH, BERNARD J. MALONE, JR. AND LESLIE E. STEIN TO FILL APPELLATE COURT VACANCIES IN THE THIRD JUDICIAL DEPARTMENT

Governor Eliot Spitzer today announced that he will appoint Justice E. Michael Kavanagh, Justice Bernard J. Malone, Jr. and Justice Leslie E. Stein to fill three vacancies in the Appellate Division, Third Judicial Department.

“Justices Kavanagh, Malone and Stein are incredibly accomplished and respected jurists with a wide range of judicial and legal experience,” said Governor Spitzer. “They will be a tremendous addition to the Third Department.”

Justice Kavanagh said: “I want to thank Governor Spitzer for making this appointment. I have dedicated my entire career to public service, including almost thirty years as a prosecutor and a judge, and I am very pleased to have the opportunity to continue that service on the Third Department.”

Justice Malone said: “My service as a judge during the past ten years has been extremely rewarding, and I consider my time as an appellate judge to be particularly important. I have tremendous respect for the judges on the Third Department, and am delighted that I will be able to continue my career by serving on that court.”

Justice Stein said: “I am truly honored by this appointment, and for the opportunity to serve as a judge at the appellate level. The Third Department hears some of the most important cases in the State, and I very much look forward to working with the many fine jurists on that bench.”

Justice Kavanagh currently serves on the Appellate Division in the First Department. He was appointed to the Appellate Division by Governor Pataki in 2006, after serving for seven years as a Justice of the Supreme Court in Ulster County. Justice Kavanagh has been hearing cases in the Third Department since November 2007. Before he was elected to the Supreme Court, Justice Kavanagh served for twenty years as the Ulster County District Attorney, where he established the State’s first Sexual Assault Nurse Examiners Unit, as well as a Crime Victims Assistance Program and a Family Violence Investigative Unit. He is a graduate of Merrimack College, and received his law degree from Villanova University School of Law. He also served on active duty in the United States Army from 1968-1970.

Justice Malone currently serves on the Appellate Division in the First Department. He was appointed to the Appellate Division by Governor Pataki in 2005, after serving for seven years as a Justice of the Supreme Court in Albany County, and has been hearing cases in the Third Department since November 2007. Before he was elected to Supreme Court, Justice Malone served for sixteen years as an Assistant United States Attorney, representing the United States in both criminal and civil litigation. Prior to that, he was a partner at Hinman, Straub, Pigors & Manning in Albany, where he specialized in litigation, labor law, matrimonial law and appeals. Justice Malone is a graduate of Niagara University, and received his law degree from Albany Law School. He also served on active duty in the United States Army from 1965-1969.

Justice Stein has been a Justice of the Supreme Court in Albany County since 2002, and has served as the Presiding Judge of the Rensselaer County Integrated Domestic Violence Part since 2006. From 1997 to 2001, Justice Stein served as an Albany City Court Judge, and in 2001, she served as an Acting Albany County Family Court Judge. Prior to her judicial experience, Justice Stein was a partner at McNamee, Lochner, Titus & Williams in Albany. She is a graduate of Macalester College, and received her law degree from Albany Law School.

The Appellate Division, Third Judicial Department is located in Albany, and is comprised of twenty-eight counties in the surrounding area. The Governor's designations to the Third Department are not subject to Senate confirmation.

The annual salary for Justices of the Appellate Division is $144,000.