Leticia Astacio is appealing the decision by the Commission on Judicial Conduct to remove her as a Rochester City Court judge.
The commission says her attorney filed a letter on May 16 to fight the decision.
Astacio had until next week to file an appeal with the Court of Appeals. Officials say it could take months for a decision to be made. During that time, she will still be paid.
The commission ruled last month that Astacio should be removed from her judgeship. Officials say the Court of Appeals will now set a schedule for briefs and oral arguments in the appeal. The court will have the power to accept the commission’s decision, change it or throw it out entirely.
Earlier this month, the Court of Appeals ruled Astacio can keep her pay while on suspension.
Since her arrest in 2016 for drunk driving, the judge has been in and out of court as a defendant and in and out of jail.
Earlier this year, Astacio was arrested again after deputies said she attempted to buy a gun at Dick’s Sporting Goods — a violation of her probation.