1972 New York state election

Background

Judges John F. Scileppi, Francis Bergan, and James Gibson would reach the constitutional age limit of 70 years at the end of the year.

The 1972 New York state election was held on November 7, 1972, to elect three judges of the New York Court of Appeals, as well as all members of the New York State Assembly and the New York State Senate. Despite efforts by Governor Nelson A. Rockefeller and others, no woman was designated by any party for the Court of Appeals. Family Judge Nanette Dembitz was fourth placed in the vote of the Democratic State Committee, and challenged the party designees.

Nominations

Democratic primary

The Democratic State Committee met on April 3, and designated Appellate Justices Lawrence H. Cooke and M. Henry Martuscello; and Supreme Court Justice Bernard S. Meyer for the Court of Appeals.[1] On April 14, Family Court Judge Nanette Dembitz announced her challenge to the designees,.[2] and a primary was held on June 20.[3]

**1972 Democratic primary results**
Office	Party designees		Challengers
Judge of the Court of Appeals	Bernard S. Meyer	240,045
	Lawrence H. Cooke	210,233
	M. Henry Martuscello	182,494	Nanette Dembitz	244,461

Other parties

The Republican State Committee met on April 3 at Albany, New York, and designated Appellate Justice Dominick L. Gabrielli, Supreme Court Justice Sol Wachler and lawyer Hugh R. Jones, President of the New York State Bar Association, for the Court of Appeals.[4]

The Liberal State Committee met on April 3, and designated Democrats M. Henry Martuscello and Bernard S. Meyer; and Republican Sol Wachtler for the Court of Appeals.[5] Martuscello lost the Democratic nomination in the primary, and ran on the Liberal ticket only.

The Conservative State Committee met on April 4, and designated Republicans Dominick L. Gabrielli and Hugh R. Jones, and Democrat Lawrence H. Cooke for the Court of Appeals.[6]

The designees of the Republican, Liberal and Conservative parties were not challenged in primaries.

Result

The whole Republican ticket was elected.

**1972 state election results**
Office	Republican ticket		Democratic ticket		Conservative ticket		Liberal ticket
Judge of the Court of Appeals	Domenick L. Gabrielli	2,886,036	Bernard S. Meyer	2,743,394	Domenick L. Gabrielli	427,486	Bernard S. Meyer	233,376
Judge of the Court of Appeals	Sol Wachtler	2,893,433	Lawrence H. Cooke	2,596,529	Lawrence H. Cooke	438,091	Sol Wachtler	303,330
Judge of the Court of Appeals	Hugh R. Jones	2,760,439	Nanette Dembitz[7]	2,787,443	Hugh R. Jones	409,697	M. Henry Martuscello[8]	237,815

Notes

State Democrats Name Three Men for Appeals Bench, With a Woman Running Fourth in NYT on April 4, 1972 (subscription required)
2 Women in Race for Court of Appeals in NYT on April 15, 1972 (subscription required)
JUDGE DEMBITZ BESTS HER RIVALS in NYT on June 22, 1972 (subscription required)
G. O. P. CHOOSES 3 FOR APPEALS COURT; Nominates an All-Male Slate Despite Governor's Plea in NYT on April 4, 1972 (subscription required)
LIBERAL PARTY BACKS 3 FOR APPEALS COURT in NYT on April 4, 1972 (subscription required)
CONSERVATIVES BACK 3 COURT DESIGNEES in NYT on April 5, 1972 (subscription required)
Nanette Dembitz (1912-1989), Columbia University School of Law graduate, judge of the New York City Family Court 1967-82, second cousin of Louis Brandeis, Judge Nanette Dembitz, 76, Dies; Served in New York Family Court in NYT on April 5, 1989
Michael Henry Martuscello (1908-1980), of Brooklyn, M. Henry Martuscello, 72, Dies in NYT on November 11, 1980 (subscription required)

Sources

Official result: NIXON WON STATE BY 1,241,694 VOTES; Albany Tally Shows 79.5% of Those Registered Voted in NYT on December 12, 1972 (subscription required)

New York Red Book 1973