NYCLA Confirms Strong Support for Gubernatorial Succession Legislation

February 6, 2026

VIA EMAIL

John Rogan, Esq.
Senior Fellow
Fordham Law School
150 West 62nd Street, Room 7-162
New York, New York 10023

Dear John,

As we have discussed, as president of the New York County Lawyers Association, or NYCLA, I
am writing to confirm our strong support for the proposed legislation on gubernatorial
succession identified in your original email of November 12, 2025. We find it impossible to
understand why New York has persisted for so long in failing to provide for a line of
succession in the event of a vacancy in both the Governor’s and Lieutenant Governor’s
positions, as well as failing to provide for State Senate confirmation of the Governor’s choice
for whom should become the Lieutenant Governor when that office alone may have a
vacancy. The same is true of New York’s failure to provide what may happen if the
Governor is unable to perform his or her duties. In the case of the failure to provide for
Senate confirmation of the Governor’s choice for a replacement Lieutenant Governor, there
has been a demonstrated history of adverse consequences. It is not hard to imagine other
possible adverse consequences in the event that any of those other eventualities were to
come to pass.

In fact, NYCLA issued a report, on April 27, 2022, entitled Report on Lieutenant Governor
Succession, calling for the adoption of similar legislation. Michael Miller and Vincent Chang,
past presidents of NYCLA, were instrumental in the preparation of the report (Mr. Chang
was the president of NYCLA at the time). Thereafter, when the State Bar issued its own
report in January 2023, entitled Gubernatorial Succession in New York, a number of us at
NYCLA who also sit on NYSBA’s Executive Committee and House of Delegates also voted to
approve the State Bar’s Report, based on NYCLA’s previously stated position.
Our immediate past president, Adrienne Koch, also participated in a panel program held at
Fordham Law School about this issue, in which she also advocated support for adopting a
gubernatorial succession plan of the sort you are seeking to have New York adopt now.
As you can see, based on NYCLA’s demonstrated history of support for the passage of
legislation dealing with gubernatorial succession, we are pleased to reiterate our continued
support, and willingness to help, to you now.

It is ironic that the bills referenced in your email cover much of the same ground as is
contained at the federal level in the 25th Amendment to the United States Constitution.
That amendment was passed in 1965 and ratified in 1967, with key support from Fordham
Law’s own Dean John Feerick. It is 60 years later and New York’s Constitution still suffers
from the same infirmities that led to the passage of the 25th Amendment by Congress and
its ratification by the states, including New York itself.

We stand ready, willing and able to support you and your colleagues in your efforts, by
writing letters, making telephone calls, attending meetings, participating in panels and/or
offering committee testimony, as may be necessary and helpful.

One suggestion we would make is that all the reforms you propose be considered for
incorporation into a single bill. As presently presented, there are six separate bills offered,
under consecutive State Senate bill nos. 7811-16. The bills, as a whole, offer a
comprehensive solution to a closely related set of problems. There is a risk, however, that
the State Legislature might pass some but not all the bills, which could disrupt the
coherence of these related reforms. Just as the 25th Amendment was adopted as a single
amendment, we believe these bills would be better combined into a single set of
comprehensive legislation.

Let us know what we can do to help.

Very truly yours, 

Richard P. Swanson
President, New York County Lawyers Association