Just two days after Gov. David Paterson announced Judge Robert Russell Jr. as his nominee for a recently vacated seat on the New York State Supreme Court, the judge issued a press release turning down the appointment - for what he said was the second time.

According to the release, Russell contacted the governor's office on the morning of Wednesday, June 17, and asked to have his name withdrawn.

"It was unfair to ask the governor to keep my name in consideration," Russell said in a phone interview June 22. "On Wednesday, I had to notify the governor's office. I couldn't take (the nomination) and not get on the ballot," he said.

However, that afternoon, Russell's name was released as the governor's nominee for the seat.

Russell's June 19 press release cited both his commitment to his current work with the Veterans Treatment Court and Buffalo Drug Treatment Court and the uncertainty of a speedy confirmation process by the state Senate as reasons for his withdrawal from the nomination process.

He said that the primary factor was the lack of support from Erie County Democratic Committee Chairman Len Lenihan. In his release, Russell said that Lenihan had supported other candidates for the seat, and his lack of support "jeopardizes any real opportunity for me to be elected."

While Russell said that it was difficult to pass up the nomination, he added, "I would have to resign from my position, and it's too much to put at risk."

Still, Russell said there was a "strong likelihood" that he would have accepted the nomination if he had had the support of Lenihan.

Lenihan could not be reached for comment.

"It's an unfortunate circumstance," said Russell. "I'm disappointed, but at the same time I'm blessed that I do enjoy my work."