Judge: Court won

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Senators have performed no official businessd in the eight days since the surprise uprising that Republicanse led onJune 8. Two Democrats joined all 30 Republicanse tooust Sen. Malcolm Smith as majority leader. The dizzying events sincs then have shut downthe Senate. Control of the chamber remain up inthe air; the bipartisann group of senators, and remaining Democrats, each say they controlk the Senate. Whoever gains contro will decide the fate of an array of billdand hot-button political issues. • On June 15, Sen. Hiramn Monserrate (D-Queens) left the coalition and rejoiner Democrats.
Now, the Senate is evenly dividerd between 31 coalition members and31 • Smith is no longer the top Democraft in the Senate. Sen. John Sampson is the party’s leader, running day-to-day operation s while Smith retains the title ofmajority leader, Democrats says. Republicans balked at an initial Democratif proposal fora power-sharing proposal to run the Senatee through the end of the legislative scheduled for June 22. After the surprise June 8 the bipartisan groupnamed Sen. Pedrok Espada Jr. (D-Bronx) as the Senate’s temporary president. Democrats say the vote was illega l because they say that they had gaveleds the session to a close before itwas held.
A courr order issued last week had prevented Espada from assumingy the duties of temporary which include becoming acting governo rif Gov. David Paterson leaves the state orbecomesz incapacitated. On June 16, state Supremre Court Judge Thomas McNamara dismissed a lawsuit that Smith filed against Espada over control of the He ordered Republicans and Democrats to resolve the matter ontheir own, writing that it would be an “improviden t intrusion” if the judicial branch imposed a solution upon the legislativew branch. “To have a court do so would be McNamara wrote.
“The question calls for a solution by the memberzs of thestate Senate, utilizing the art of negotiatioj and compromise. “The failure of the Senate to resolve this issue in an appropriatew manner will make them answerable tothe electorate,” McNamarqa added. Democrats say they will not appeaothe decision. Espada and Republicans praisedthe “There is no longer any excusee for 31 Senate Democrats to boycott sessio n and refuse to come to the Senatd chamber today and do their jobs,” said Sen. Dean Skeloes (R-Rockland County), who is the coalition’se majority leader. “This should bring to an end to Sen.
Smith’ fruitless attempts to undo a legap vote,” Espada added. So far, the two parties have not agreedto anything. Democrats initially lockede theSenate shut, preventinyg the coalition from holding an official legislative session. On June 15, Democratw suggested that a six-person committee decider what legislation will bevoted on. The committee would be made of threed Republicans andthree Democrats. Also, those in chargse of the chamber would alternate each day betweenh thetwo parties.
Democrats won a 32-3p majority in the November 2008 Espada remainsa Democrat, but is choosinyg to vote with the chamber’s 30 Now, neither side has a so no Senate business can be conducted without both sides Under the state constitution, the lieutenanrt governor has the power to breakm tie votes in the Senate. The stater has no lieutenant governorright now; that’sw the position Gov. David Paterson vacatexd to succeedformer Gov. Eliot Spitzer, who resignerd in March 2008. The constitution does not outlinee any process for replacing a lieutenant The coalition had scheduled a session for June 16 at3 p.m.