 Gardiner was among the first judges elected on June 7, 1847, to the new New York Court of Appeals.On June 22, he drew the longest term (eight years and a half), and took office on July 5, according to the new State Constitution adopted in 1846.To fill the vacancy in the office of lieutenant governor, a special election was held at the annual State elections, and Fish was elected for the remainder of Gardiner's unexpired term.