Court Rules Democrats Republicans In Charge Of New York State Senate

You have got to be kidding me.

Democrats went to court to challenge the coalition, which included two dissident Democrats, that claims it seized control of the 62-member chamber on Monday.

The GOP announced Monday afternoon that Pedro Espada Jr. (D-Bronx) and Hiram Monserrate (D-Queens) had jumped ship and decided to caucus with Republicans.

The move gave the GOP a slim 32-20 majority, although Democrats said they would bring the matter to court.

A state Supreme Court judge in Rensselaer County heard initial arguments and rendered a decision this morning, according to Republicans.

There's no word on the grounds for which this judge ruled, but I have no doubt that the Democrats forum shopped until they found a judge with a preference for putting the Democrats back into power in the State Senate. Democrats sought an injunction from State Supreme Court Justice George B. Ceresia (the trial court level in NY is called the Supreme Court).

Ceresia received a phone call last night at 10 p.m. asking for the emergency hearing, which he conducted with lawyers for Smith and Sen. Pedro Espada, a Democrat who on Monday joined Sen. Hiram Monserrate and the 30 members of the chamber's Republican conference to engineer a takeover.

Andrew Celli, representing Smith, said the senator was elected to a two-year term as leader in January. He said no resolution was made in committee to replace him, nor did senators make a "privileged" request.

"There is no vacancy. Senator Smith remains the temporary president," Celli said. He referred to the opposition as "Sen. Espada and his confederates."

Celli also told the judge that Sen. Neil Breslin, the Democrat who was presiding over the Senate at the time of the coup, said Republican Sen. Tom Libous was out of order when Libous called for a change in leadership on the Senate floor. He said Libous never tried to challenge Breslin's statment.

John Ciampoli, a lawyer for Espada, told the judge that the majority of the Senate voted for the change in leadership, adding "What Malcolm Smith is asking you to do is step in and substitute yourself for the 32 senators who represent the majority of the Senate."

Republicans vow to appeal, and the Appellate Division for the Third Department will take up the case next.

Stay tuned.

This clown circus isn't over by a long shot.

UPDATE:
It appears the NY Post report was incorrect (hat tip: anonymous emailer), and the judge ruled in favor of the GOP, which went into session.

A state judge refused to block leaders of a Republican-led coalition from taking over the Senate Thursday.

The new majority immediately went into session without the Democrats - except for the two who joined the coup.

Supreme Court Justice George Ceresia rejected a request from Democrats to delay the takeover - but agreed to hear more arguments.

Republicans argued that if Ceresia halts the Senate session, the judicial branch would be inappropriately meddling with the legislative branch.

Shortly before 11 a.m., apparent Majority Leader Dean Skelos walked through a crush of media and protestors, took out a key and unlocked the Senate doors that have been sealed since Mondays leadership coup.

Expect the Democrats to appeal.

The judge correctly noted that this was a political question, and refused to address it.

What a mess.

UPDATE:
More fodder for discussion. Monserrate is blocking any further business at the moment because he's choosing not to. Meanwhile, State Senator John Sampson (an Albany Law alum) may replace Malcolm Smith as Democratic Leader (Majority or Minority, depending on how things go) because of Smith's incompetence.