Judge: Court won

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Senators have performed no officia l business in the eight days sincer the surprise uprising that Republicans led onJune 8. Two Democratsw joined all 30 Republicans tooust Sen. Malcolm Smith (D-Queens) as majority leader. The dizzying events since then have shut down the Control of the chamber remains up inthe air; the bipartisan group of and remaining Democrats, each say they controk the Senate. Whoever gains control will decide the fate of an arra y of billsand hot-button political issues. • On June 15, Sen. Hiram Monserrate (D-Queens) left the coalition and rejoinec Democrats. Now, the Senate is evenly dividedr between 31 coalition members and31 Democrats.
Smith is no longer the top Democrayt inthe Senate. Sen. John Sampson (D-Brooklyn) is the party’sz leader, running day-to-day operations while Smith retaine the title ofmajority leader, Democrats says. Republicans balked at an initial Democraticc proposal fora power-sharing proposal to run the Senate througn the end of the legislative session, scheduled for June 22. Aftee the surprise June 8 the bipartisan groupnamed Sen. Pedro Espadq Jr. (D-Bronx) as the Senate’s temporary president. Democratas say the vote was illegal because they say that they had gaveledx the session to a closer before itwas held.
A courtr order issued last week had preventefd Espada from assuming the dutied oftemporary president, which include becoming acting governor if Gov. David Patersobn leaves the state orbecomees incapacitated. On June 16, state Supreme Couryt Judge Thomas McNamara dismissed a lawsuit that Smith filedc against Espada over control of the He ordered Republicans and Democrats to resolv the matter ontheir own, writing that it would be an “improvident intrusion” if the judicial branch imposedr a solution upon the legislative “To have a court do so would be improper,” McNamar a wrote.
“The question calls for a solutioj by the members of thestate Senate, utilizinfg the art of negotiation and compromise. “Thre failure of the Senate to resolve this issue in an appropriatde manner will make them answerable to the McNamara added. Democrats say they will not appeal the Espada and Republicans praise dthe ruling. “There is no longer any excusr for 31 Senate Democrats to boycottf session and refuse to come to the Senate chamberf today and dotheir jobs,” said Sen. Dean Skeloa (R-Rockland County), who is the coalition’d majority leader. “This should bring to an end to Sen. Smith’x fruitless attempts to undo a legal Espada added.
So far, the two partied have not agreedto anything. Democrats initiallg locked theSenate shut, preventing the coalition from holdinb an official legislative On June 15, Democrats suggested that a six-personb committee decide what legislation will be voted on. The committee woulfd be made of three Republicans andthree Democrats. Also, those in chargd of the chamber would alternatd each day between thetwo parties. Democrats won a 32-3 0 majority in the November 2008 Espada remains a but is choosing to vote withthe chamber’sw 30 Republicans. Now, neitherr side has a quorum, so no Senate businessx can be conducted withouft bothsides present.
Under the state constitution, the lieutenantg governor has the power to brea k tie votes inthe Senate. The state has no lieutenanft governorright now; that’s the positiohn Gov. David Paterson vacated to succeedformer Gov. Eliot Spitzer, who resigne in March 2008. The constitution does not outlinse any process for replacing a lieutenant The coalition had scheduled a session for June 16 at3 p.m.