Last week, Gov. Cuomo announced that he has nominated Justice Eugene Fahey to serve on the state’s highest court, the Court of Appeals.  A Buffalo resident, Justice Fahey currently serves as an Associate Justice of the Appellate Division (Fourth Judicial Department) of the New York State Supreme Court.  If confirmed by the State Senate, he will fill the seat vacated by Judge Robert Smith, who retired at the end of December after turning 70, the maximum age for high court judges.