Another candidate for AG called Underwood “the most qualified person to ever serve in the position.” | AP Photo State lawmakers set to appoint Barbara Underwood as attorney general

ALBANY — Members of the New York state Legislature will vote at 3 p.m. Tuesday to appoint Barbara Underwood as the state’s attorney general, Assembly Speaker Carl Heastie told POLITICO.

Underwood, who became acting attorney general when Eric Schneiderman resigned on May 8, has a long legal resume and has worked in the state attorney general’s office since 2007, when she was hired by then-Attorney General Andrew Cuomo.


She will become the first woman to serve as New York state attorney general.

State law requires a joint session of the Assembly and Senate to fill seats in the case of such vacancies, a process dominated by Assembly Democrats that normally yields one of their members. Open interviews were held last week.

But given Underwood’s qualifications, her declaration that she won’t seek election to the post and the state’s political calendar — Republicans and Democrats will hold formal nominating conventions this week — a decision was made to leave Underwood in place for the rest of the year, Heastie said.

“The chairs and the members thought it was best for the stability of the office,” Heastie said. “Even though all of the people that applied, in their own right could have done a fine job … because Ms. Underwood has been there, we thought it was just best for the stability of the office to be there. She did well, she interviewed well, she has an impressive resume.”

Schneiderman’s stunning fall, following revelations of intimate partner abuse in The New Yorker, touched off a scramble of people who hoped to become attorney general, either through legislative appointment or at the next election.

In addition to Underwood, legislators considered formal applications from Assemblymen Danny O’Donnell (D-Manhattan) and Tom Abinanti (D-Greenburgh), former Rep. Elizabeth Holtzman, attorney Lloyd Constantine, Rockland County Attorney Thomas Humbach, Appellate Court Judge Doris Ling-Cohan, Jennifer Stergion and Alex Zapesochny.

Many of those candidates affirmed Underwood’s qualifications. On Tuesday, after a closed-door huddle between Heastie and his members, O’Donnell called Underwood “the most qualified person to ever serve in the position.”

Indeed, major newspaper editorial boards and the government-reform group Common Cause urged her appointment. Given the nature of Schneiderman’s fall and the state’s history, many made the argument that his successor should be a woman.

Republicans who control the state Senate have said for weeks that Underwood was the most logical pick, and Cuomo, while stopping short of urging the Legislature to install her, called her extremely qualified.

Spokespeople for Underwood declined to comment. A spokesman for Senate Majority Leader John Flanagan pointed to his past comments.

And Heastie predicted Underwood’s installation would occur with minimal fuss.

“Our members were free in their minds that they thought this was the right thing,” Heastie said. “I wouldn’t see anybody dissenting. Democrat, Republican — just about everyone has said they’re impressed with Ms. Underwood’s abilities, so I think this will be a nice day.”