The full State Senate has rejected the nomination of Governor Hochul's pick as head of the state's highest court.
In a surprise move, the Senate held a vote on Judge Hector LaSalle's nomination, ahead of a court hearing set for Friday in a lawsuit to force a vote.
The unofficial tally was 39-20 in the negative.
The vote followed a brief hearing, in which most progressives said LaSalle was too conservative.
The Senate Judiciary Committee voted LaSalle down last month, prompting the ranking GOP member of the committee to file suit.