Judge Dismisses Complaint, Senate Remains at Standstill

By Karen DeWitt

Albany, New York – A judge has dismissed the complaints of Democratic Senators against the leaders of a Republican dominated coup in the State Senate, but the Senate remains grid locked. Both sides are claiming victory, and neither faction is willing to compromise.

The Judge in the case, Thomas McNamara, gave the two warring sides in the Senate one more chance to work things out, and then, in the day's second court appearance at 1 o'clock, dismissed complaints by the Democrats that the Republican- dominated coalition had illegally installed new Senate leaders.

The coalition of thirty Republicans, and one Democrat, Senator Pedro Espada, claimed victory.

"When your case gets dismissed, that's about as unequivocal as the 15- 0 Yankee win Sunday over the Mets ," Espada said. .

Espada was named President Pro Temp by 32 Senators on June 8th. Senator Dean Skelos, who was named Majority Leader in that vote, said the remaining 31 Democrats should come back to work.

"Come to session and do your job," Skelos said. "Let's move the agenda of the people of the State of New York forward".

But the remaining Democrats interpret the judge's actions differently. They say the judge never said the coup was valid. Senate Democratic Leader John Sampson says the judge was simply saying that the courts should not get involved with the internal workings of the Senate.

"Basically the judge says 'here, you deal with the quagmire', " Sampson said.

Governor David Paterson once again attempted to intervene. The governor asked both sides to find a way to put important end of session legislation on the floor for a vote, without getting into the political issue of which faction controls the chamber.

"The sand is slipping through the hour glass, and we're not acting," Paterson said.

But both the Republican coalition and the Democrats turned the governor down.

Democrats say they do not plan to appeal the judges ruling, and called on the coup leaders to once again agree to a power sharing arrangement. Senator Jeff Klein, a Democrat, says now that Senator Hiram Monserrate has gone back to the democrat's side, and Senate is evenly divided, they will have to work something out.

"They're dealing in last weeks news," Said Seantor Klein. "Right now the Senate is 31-31. There's a tie".

The coalition of thirty Republicans and one democrat refused the offer, and once again tried to begin session at 3 pm, but with only 31 members were not able to reach a quorum.

Senator Pedro Espada says his side is now considering more legal action. He says GOP attorneys are researching whether the remaining democrats are failing to fulfill their fiduciary duties under the state's constitution, by continuing to boycott the sessions.

At the end of the day, Governor Paterson once again pleaded with the Senators on both sides to put politics aside and vote on key end of session issues.

"Their duty as senators are more important than their duties as politicians," Paterson said.

But the governor concedes that both he, and the courts, are powerless to resolve the dispute, and ultimately it's up to the 62 Senators themselves to end the stand off.