The Appellate Division, Second Department, unanimously ruled the appointment invalid, concluding that under the State Constitution the position can be filled only by an election. The Appellate Division decided the case on August 20, and sua sponte granted leave to appeal to the Court of Appeals.
Today's New York Times has an excellent article on the intersection of law and politics found in the case. My views on the case can be found in the Times article which is available here.
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