Rochester City Court Judge Leticia Astacio is appealing the decision of the New York State Commission on Judicial Conduct to remove her as an elected judge. The deadline to appeal was May 29.

Rochester City Court Judge Leticia Astacio is appealing the decision of the New York State Commission on Judicial Conduct to remove her as an elected judge. The deadline to appeal was May 29.

Astacio is currently suspended with pay by the New York State Court of Appeals, the highest level court in the state.

Astacio's appeal was filed with the Court of Appeals. In the letter to the court sent Wednesday, Astacio's attorney Bob Julian wrote:

"Please be advised that I represent the Honorable Leticia Astacio, Judge of the Rochester City Court. Pursuant to Judiciary Law 244(7), we do not accept the Determination of the Commission on Judicial Conduct and request a review by the Court of Appeals of the Determination."

According to an email from the Commission on Judicial Conduct, "the Court of Appeals will set a schedule for the submission of briefs and the presentation of oral argument. The Court may accept the determined sanction, impose a different sanction including admonition or censure, or impose no sanction."

When it released its decision to remove Astacio, Commission Administrator Robert Tembeckjian said the appeal process usually takes three to five months. During that time, Astacio will collect her $187,500 salary.

If the appeal lasts five months, that equals $78,125. That almost equals the $79,500 base salary of a New York State lawmaker.

Astacio's court appearance Thursday in Henrietta related to the charge that she attempted to buy a shotgun while on probation was postponed until June 6.

In its decision to remove Judge Astacio, Tembeckjian pinpointed Astacio's "profane and angry" reaction to the New York State Trooper who arrested her for DWI.

Tembeckjian said Astacio tried to use her position as a judge to get out of trouble. The Commission's report also highlighted several instances while Astacio was on the bench including telling court deputies to "tase," "shoot," or "punch" an unruly defendant and repeating and laughing at a defense lawyer's remark that the victim in a sex abuse case had "buyer's remorse."

"The removal from office is appropriate for such egregious misconduct," Tembeckjian said. "In their totality, they reveal a judge who is unfit to remain on the bench."