For the first time, three judges of Latino descent will sit on the Court of Appeals Tuesday when Appellate Division, First Department, Justice Rolando Acosta will join the high court by designation.

Acosta will join Court of Appeals Judges Jenny Rivera and Michael Garcia, to hear Kimmel v. State of New York, an appeal of an Appellate Division, Fourth Department, decision awarding legal fees and expenses under the state’s Equal Access to Justice Act (EAJA) to a former state trooper who sued the state police agency for sex discrimination, sexual harassment and retaliation under the Human Rights Law (NYLJ, March 31, 2014).

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