Janet DiFiore, chief judge of the New York Court of Appeals, left, sits with newly confirmed Associate Judge Paul Feinman, center, and his husband Robert Ostergaard, right, in the Senate gallery after being confirmed by the Senate on the last day of the legislative session on Wednesday, June 21, 2017, in Albany, N.Y. (AP Photo/Hans Pennink)
Janet DiFiore, chief judge of the New York Court of Appeals, left, stands with newly confirmed Associate Judge Paul Feinman, center, and his husband Robert Ostergaard, right, in the Senate gallery after being confirmed by the Senate on the last day of the legislative session on Wednesday, June 21, 2017, in Albany, N.Y. (AP Photo/Hans Pennink)
New York Court of Appeals Chief Judge Janet DiFiore, left, swears in newly elected Sen. James Tedisco, R-Glenville, as his son Andrew Tedisco, center, and wife Mary Tedisco right, look on during a ceremony in the Senate Chamber at the Capitol on the opening day of the legislative session on Wednesday, Jan. 4, 2017, in Albany, N.Y. (AP Photo/Hans Pennink)
FILE - This May 31, 2012 file photo shows a display of various size cups and sugar cubes at a news conference at New York's City Hall. The New York Court of Appeals ruled Thursday, June 26, 2014 that the city's health department overstepped its bounds when it restricted the size of sodas. The court is siding with a lower court that overturned the 2012 ban. (AP Photo/Richard Drew, File)