Judge Stays Restraining Order Against Paterson's Lt. Governor

July 23, 2009 11:40 a.m. EST

Albany, NY (AHN) - The dispute in New York about the legality of Gov. David Paterson's appointment of a lieutenant governor took another sharp turn late Wednesday when an appellate judge stayed a restraining order blocking Richard Ravitch from serving as lieutenant governor.

Justice Priscilla Hall of the Appellate Division, 2nd Judicial Department in Brooklyn suspended the preliminary injunction, which said the state constitution does not provide Paterson the power to appoint someone to the office. She directed both parties to appear in court next Monday.

New York Supreme Court judge William La Marca had issued the order on Tuesday, following a lawsuit against the governor filed by state Senate Republicans.

The suit is expected to be resolved in the state Court of Appeals.

Paterson had announced on July 8 that he was appointing Ravitch, former chairman of the Metropolitan Transportation Authority and the Urban Development Corporation, after consulting legal experts about his authority to do so. He said Ravitch will serve until his own term expires in 2010, but assured New Yorkers that his appointee will not be a candidate thereafter.

The 76-year-old Ravitch was sworn into office the same day.

Republicans and even some Democrats, namely state Attorney General Andrew Cuomo, have said the governor's action is unconstitutional. But Paterson has said, "There is nothing in the constitution nor in the law that says that I cannot fill the vacant post of lieutenant governor."

A day after Ravitch's oath-taking, state Senate Democrats and Republicans ended their standoff, but not because of the appointment.

The chamber had been under a 32-30 Democratic majority led by state Sen. Malcom Smith until June 8, when Republicans held a coup joined by two Democrats, state Sens. Pedro Espada Jr. and Hiram Monserrate.

Monserrate later decided to return to his old caucus, putting the balance of power at 31-31. The stalemate dragged on beyond the end of the 2009 legislative session, and despite daily, emergency sessions even on weekends and the Fourth of July.

The lieutenant governor has the power to vote in such a standoff, but Paterson left as lieutenant governor last year as after Eliot Spitzer resigned amid a prostitution scandal.

A compromise was reached on July 9. Espada received the post of majority leader upon his homecoming, while Smith was appointed temporary Senate president. Democratic conference head John Sampson will retain his title but will reportedly replace Smith sometime soon.