The latest battle in the war over which party has control of the New York State Senate went to the Republicans.
In a story that seems to have new twists and turns every few hours, the Republicans scored a key victory, with State Supreme Court Justice Thomas McNamara dismissing the Democrats’ case on Tuesday afternoon, June 16, which alleged that last Monday’s Senate leadership vote was illegal.
“A judicially-imposed resolution would be an improvident intrusion,” Justice McNamara said, later adding, “Go across the street and resolve this for the people of New York.”
The attorneys representing the Senate Democrats said they will appeal the ruling to the appellate court, according to reports.
Shortly after McNamara’s ruling, Republicans called for a 3 p.m. legislative session on Tuesday, June 16, to begin voting on bills, but only 30 Republicans and Bronx Democrat Senator Pedro Espada, Jr. attended, so there wasn’t a quorum present, which is required to vote on any bills.
“Democratic members have refused to come to session; they boycotted the session – literally,” Queens Republican Senator Frank Padavan told The Queens Courier on Tuesday afternoon. “It’s one of the strangest things I have ever seen.”
Padavan said the Republicans plan to return to session on Wednesday afternoon, June 17, but it is unclear if the Democrats plan to attend.
“People send you to Albany to represent them and your primary responsibility is to vote on legislation, and you’re not doing it,” Padavan said. “In any other occupation or vocation, that would not be acceptable.”
The chaos in Albany erupted on Monday, June 8, when Espada Jr. and Queens Democrat Senator Hiram Monserrate voted with the Republicans in favor of a new coalition government – flipping the Senate Majority from 32-30 Democrats to 32-30 Republicans.
Under the agreement, which the Democrats characterized as illegal because they believe the session was adjourned before the vote, Long Island Republican Senator Dean Skelos would retake the Senate Majority Leader position while Espada would become the President Pro Tempore of the Senate.
After a week of legislative inaction, court battles and protests, Monserrate – under heavy pressure from his party and union officials – decided to throw his support back to the Democrats, creating a 31-31 Senate stalemate.
Monserrate’s change of heart came about in large part, he said, because of a change at the top of the Democratic Party’s leadership, with Brooklyn Senator John Sampson replacing Queens Senator Malcolm Smith as the leader of the party. Monserrate also said that getting a commitment to enact rules changes, as well as putting seven or eight bills – including one on rent control legislation – into play was important.
“If it took voting with Republicans and Pedro Espada to get to the point now that we disclose the incredibly important bills that were being held up by interests outside the people I represent, then that was an important victory,” Monserrate said during a conference call with Queens reporters on Tuesday afternoon, June 16.
Monserrate dismissed the assertion that waiting until the end of the legislative session was causing problems, responding that June 22 is just an arbitrary date, and legislative leaders in all houses could put off barbecues and parades and stay a few extra weeks to take up the critical issues.
