NY judge tosses Senate case back to lawmakers
06.16.2009 4:00pm EDT
(Albany) A judge says he won’t rule on last week’s takeover of the New York Senate by a coalition of Republicans and dissident Democrats, which leaves gay marriage and other issues up in the air.
State Supreme Court Justice Thomas McNamara is dismissing the case, saying it’s improper for the court to get involved in a legislative tussle. He recommends the legislature resolve the question of who’s in charge of the chamber.Meanwhile, Gov. David Paterson says he’ll step into the Senate session and run the chamber as he did while lieutenant governor. He says that will temporarily help Republicans and Democrats pass critical bills.
One of the two rogue Democrats who helped Republicans seize power returned to the Democratic fold Monday, putting the Senate in a 31-31 split between the Democratic conference and the uneasy coalition.
“We need to take back the Senate,” said Sen. Hiram Monserrate of Queens, insisting Democrats were united.
A seven-day stretch that began with a shocking parliamentary revolt orchestrated by a coalition of Republicans and the two rogue Democrats – Monserrate and Sen. Pedro Espada – resulted Monday in a 31-31 split between the Democratic conference and the uneasy coalition.
Republicans and Espada held a brief session, but no other Democrat showed up, denying a quorum.
Although there was no agreement on how to share power, Democratic Gov. David Paterson stepped in Monday to try to broker a deal. A state court that threatened to mandate a power-sharing structure, heartened by Paterson’s involvement, gave senators until Tuesday morning to agree on a way to share power.
But Republicans and Espada say the coalition created a week ago remains firmly in place, with Democrats unable to muster a 32-vote majority to undo the action.
Espada, of the Bronx, maintained Monday that he is majority leader, the Senate’s top position, because 32 senators voted for him during the takeover a week ago. Even though Monserrate has since rejoined Democrats, the party has only 31 votes, not enough to overcome what Espada says was last week’s legally binding vote.
Democrats claim the coalition’s parliamentary revolt was done after shocked Democrats hastily adjourned the session, making it invalid.
The 31-31 tie is possible in the 62-seat Senate because there is no lieutenant governor to break deadlocks. Paterson was lieutenant governor in 2008 when Gov. Eliot Spitzer resigned in disgrace amid a prostitution investigation.





omg. it is a mess up there
me being a new yorker is going insane with all this pandemonium
Congratulations to Senator Espada. You have taken a combination of ethnic politics and self-aggrandizement and engineered what might be the biggest clusterfuck in any state’s government in at least the past ten years. This action is appropriate in a–oops, did someone say banana republic? I just did.
Don’t worry about the hole in New York’s budget. Don’t bother yourself with the state’s real problems. Keep trying to emulate Tony Montana with your fantasy of having the biggest set in the Empire State. Your ego might be what it finally takes to disgust New Yorkers into cleaning up the state legislature.
We will see. Time will tell “whereever the chips may fall” and then evaluate how to go from there. Meanwnile, the citizens sent these people to the Assembly to behave like mature adults and to stay at work on the business of running the state of New York.
Wow what a surprise, the issue of marriage equality is put off yet again. Honestly I think the issue should be put off until the mess up there gets resolved, then there will be clear heads voting rather than those worried more about their political agendas.
Marriage in New York???? – now we have to wait at least until 2012!!!!
How on earth can a junior upstate like Espada have so much clout? He has 22 judgements against him surrounding financial improprieties and residency issues. Once again, we get shafted. Politics as usual.
These guys and gals need to get to work and get over themselves! They need a reality check because they can be voted out as easily as voted in. And I don’t care what anyone says about Patterson, I like him.