The commission said it has placed a new emphasis on enhancing diversity on the count since 2008, when its list of seven nominees to Paterson for the chief judgeship contained the names of no women and only one minority (NYLJ, July 27, 2009).
The list sent to Cuomo includes four women. There are three Hispanics, one black and one Asian-American.
Ciparick is the only Hispanic on the court.
All of the current crop of candidates except for Fahey, whose court is based in Rochester, work in New York City.
It will be Cuomo's first selection to the court for which which his father, ex-governor Mario Cuomo, once clerked.
The governor, who took office in January 2011, now has between Jan. 1 and Jan. 15 to submit the name of one of the nominees to the state Senate for confirmation. He must choose from the list.
The Senate has 30 days after receiving the nomination to confirm or reject his choice.
The commission is currently at work on a second list, to be sent to Cuomo on March 7, with candidates to succeed Judge Theodore Jones Jr. Jones died last month (NYLJ, Nov. 7). The commission has set Dec. 18 for the deadline to receive applications for the next opening on the seven-member court.
The commission said it would automatically roll applications for the Ciparick opening into the pool of candidates it will consider for the Jones seat as well as conducting outreach to encourage new applicants.
In addition to Kaye, other members of the commission are John Cirando, Steven M. Cohen, Ruth Friendly, Milton Hoffman, Gerald Lefcourt, Simone Levinson, Alan Mansfield, E. Leo Milonas, Margaret Morton, David Schwartz and Dierdre Scozzafava.