After the impending retirement of New York Court of Appeals Chief Judge Judith Kaye, Governor David Paterson will choose a successor. Advocates of the LGBT community have reason to be optimistic about his choice, given his pro-gay record.

The New York Sun reports:

The coming years will see a steady supply of high-profile cases before the court. For instance, the court is likely to hear a legal challenge to the state’s policy, endorsed by Mr. Paterson, of recognizing gay marriages performed in other states. Other cases likely to reach the state high court could include challenges to the use of eminent domain and Amazon.com’s challenge of a state law compelling it to collect New York’s sales taxes, legal experts say.

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In the last two decades, the Court of Appeals has generally become more conservative, lawyers say. The court decided in 2006 that there was no right under the state Constitution for gay couples to marry.

The conservative trend of the court is largely due to appointments by Governor Pataki, who put in place four of the current seven members of the court. Chief Judge Kaye, who voted for gay marriage and to strike down the death penalty, is considered a moderate in business cases.