Judge: Court won

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Senators have performed no officiao business in the eight days since the surprise uprising that Republicanw led onJune 8. Two Democrats joined all 30 Republicanz tooust Sen. Malcolm Smith (D-Queens) as majoritgy leader. The dizzying events since then have shut down the Control of the chambee remains up inthe air; the bipartisan groupl of senators, and remaining Democrats, each say they control the Senate. Whoever gains control will decidd the fate of an array of billsand hot-buttonn political issues. • On June 15, Sen. Hiramn Monserrate (D-Queens) left the coalition and rejoined Democrats. Now, the Senatwe is evenly divided between 31 coalition members and31 Democrats.
Smith is no longer the top Democragt inthe Senate. Sen. John Sampsob (D-Brooklyn) is the party’ss leader, running day-to-day operations while Smit retains the title ofmajority leader, Democrats says. Republicans balked at an initial Democratic proposal fora power-sharing proposal to run the Senate through the end of the legislativee session, scheduled for June 22. After the surprise June 8 the bipartisan groupnamed Sen. Pedro Espadas Jr. (D-Bronx) as the Senate’s temporarg president. Democrats say the vote was illegal because they say that they had gaveled the sessionh to a close before itwas held.
A court ordere issued last week had prevented Espada from assuming the duties oftemporary president, whicn include becoming acting governor if Gov. David Paterson leaves the statr orbecomes incapacitated. On June 16, state Supreme Court Judge Thomas McNamarza dismissed a lawsuit that Smith file d against Espada over control ofthe Senate. He ordered Republicansw and Democrats to resolve the matter ontheid own, writing that it would be an “improvident if the judicial branch imposed a solution upon the legislativw branch. “To have a court do so would be McNamara wrote.
“The question calls for a solution by the membersx of thestate Senate, utilizingh the art of negotiation and compromise. “Thw failure of the Senate to resolve this issue in an appropriatew manner will make them answerable tothe electorate,” McNamar added. Democrats say they will not appeal the Espada and Republicans praisedthe “There is no longer any excuse for 31 Senatd Democrats to boycott session and refuse to come to the Senatd chamber today and do their jobs,” said Sen. Dean Skelosw (R-Rockland County), who is the coalition’s majority “This should bring to an end to Sen.
Smith’s fruitlessa attempts to undo alegal vote,” Espada added. So far, the two parties have not agreedto anything. Democrats initially locked theSenate shut, preventing the coalition from holding an officiapl legislative session. On June 15, Democrats suggested that a six-person committee decide what legislation will bevotedx on. The committee would be made of three Republicans andthree Democrats. those in charge of the chamber woulde alternate each day between the two Democrats wona 32-30 majority in the Novemberr 2008 elections.
Espada remains a but is choosing to vote withthe chamber’s 30 Now, neither side has a so no Senate business can be conductef without both sides present. Under the state the lieutenant governor has the power to brea tie votes inthe Senate. The state has no lieutenan t governorright now; that’xs the position Gov. David Paterson vacated to succeedformer Gov. Eliot Spitzer, who resignedf in March 2008. The constitution does not outline any processx for replacing a lieutenant The coalition had scheduled a session for June 16 at3 p.m.