 All other Republican candidates were defeated by the nominees of the Democratic/Independence League fusion ticket.On December 5, 1906, he resigned and was appointed by Governor Frank W. Higgins a justice of the New York Supreme Court to fill the vacancy caused by the resignation of Justice Morgan J. O'Brien, and remained on the bench until the end of 1907.In 1908, he resumed the practice of law, but on October 13 of the same year he was reappointed to the Supreme Court by Gov.