N.Y. Democrats deny Hector LaSalle’s nomination to be state’s top judge after he defends record during confirmation hearing

ALBANY — Democrats rejected Gov. Hochul’s pick to serve as the state’s top jurist Wednesday following an at-times testy confirmation hearing.

A total of 10 Dems on the 19-member Senate Judiciary Committee voted against advancing the nomination of Hector LaSalle to be the chief judge of the Court of Appeals to a full floor vote.

“The nomination is lost and and we will proceed based on that information,” Sen. Brad Hoylman-Sigal (D-Manhattan) said as he adjourned the hearing amid an uproar from LaSalle supporters.

LaSalle spent much of the nearly five hour hearing defending his record, saying early on he wanted to “set the record straight” as he countered claims that he’s too conservative to be New York’s next top judge.

The 54-year-old described himself as a union supporter and a fair-minded jurist as he faced questions from lawmakers about his past and shot down criticisms that have come from opponents.

“I believe passionately that our justice system should be the great equalizer,” LaSalle said. “Like every judge, I know that not everyone agrees with every ruling, but I can promise you that in every case, I have sought and will continue to seek to give everyone a fair shake, to listen to arguments carefully, to do my best to apply the law to the facts before us, and to work with my colleagues to reach a fair and just result,” LaSalle said during his opening remarks.

LaSalle’s nomination has faced intense pushback from a number of Hochul’s fellow Democrats, labor leaders and advocates who argue his judicial records shows him to be anti-union, anti-reproductive rights and overall too right-leaning to run the state judiciary.

The Long Island native currently serves as the presiding justice of the 2nd Appellate Division in Brooklyn and would be the first Latino to lead the Court of Appeals if confirmed.

LaSalle described his working-class upbringing and repeatedly said he believes in reproductive rights and supports unions, referencing criticisms about his judicial record.

“Any suggestion that I am anti-union or anti-labor is untrue,” LaSalle said. “When you’re talking about labor, those are the people who raised me.”

Opponents, particularly labor leaders, have slammed a 2015 ruling LaSalle joined that allowed a defamation lawsuit filed by Cablevision to proceed against union leaders since the company argued they were acting in their personal capacity.

Supporters say LaSalle is being unfairly painted as a conservative and many of his past colleagues have praised his record and his work as an administrator.

“You do not come across as a rightwing conservative nut,” Sen. Andrew Lanza (R-Staten Island) told LaSalle during the hearing as Republicans overall appeared more open to his confirmation.

Hochul and LaSalle supporters say that LaSalle’s nomination should be moved to the full 63-seat chamber regardless of what happens in the committee. It remains to be seen if Hochul will attempt to sue the Senate over the decision and force a full floor vote.

The State Senate has never rejected a governor’s pick for chief judge since the current nomination system has been in place since the 1970s.

As the hearing wrapped up, Sen. Anthony Palumbo (R-Suffolk), the ranking Republican on the committee, could be heard asking for a motion to advance the nomination to a floor vote as Hoylman gaveled out.