“It was their decision to not file any charges,” she said.
The Buffalo Police Department did not respond to a request for comment. Neither did a spokesman for Mr. Brown, who, according to local media reports, issued a statement this week saying it was his policy not to interfere in police investigations.
Lucian Chalfen, a spokesman for the state court system, said, “We are aware of the investigation involving Justice Grisanti, as is the state Commission on Judicial Conduct.”
The commission’s administrator, Robert H. Tembeckjian, declined to comment on Justice Grisanti specifically, but he said the panel “investigates allegations of misconduct against judges, on or off the bench, that are publicly reported.”
The June altercation was not the first public tussle for Justice Grisanti.
In 2012, when he was a state senator, he got into a scuffle in a lobby bar at a Seneca Nation casino in Niagara Falls. He said he had been attacked after trying to mediate a dispute between two other men, but several witnesses said he was the aggressor. No charges were filed.
Justice Grisanti, 55, was appointed to the state’s Court of Claims by Gov. Andrew M. Cuomo in 2015 and designated as a Supreme Court justice in 2018, according to court officials. He presides over civil cases and earns $210,900 a year.
He served two terms in the State Senate before becoming a judge and may be best known to New Yorkers as one of four Republican senators to vote in favor of legalizing same-sex marriage in 2011, giving Mr. Cuomo the margin needed to pass the law.
He had promised as a candidate to oppose the legislation, and Mr. Cuomo recalls in his 2014 memoir, “All Things Possible,” the fraught deliberations that consumed then-Senator Grisanti up until the vote.
“He was torn and noncommittal, but I could tell that he got it,” Mr. Cuomo wrote, describing the four Republican senators who voted “yes” on same-sex marriage as “profiles in courage” and part of “my pantheon of political heroes.”
Jesse McKinley contributed reporting. Sheelagh McNeill contributed research.