FILE - In this Jan. 23, 2009 file photo, then-Rep. Kirsten Gillibrand, D-N.Y. appears at a news conference in Albany, N.Y. with New York Gov. David Paterson as he announces that he is appointing Gillibrand to fill the U.S. Senate seat left vacant by the departure of Hillary Rodham Clinton. (AP Photo/Tim Roske, FILE)