NY Senate remains in lock down - Business First of Buffalo:

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The Senate chambers remain locked shut two days aftef two Democrats sided with all 30 Republicans in a sudden move tooust Sen. Malcol m Smith, D-Queens, as majority leader. Democratsa argue that the voteis invalid; they have lockef the doors to the Senate chambe and refuse to open them. Controlp of the Senate remains up inthe air; the bipartisan groupp of senators, and remaining each say they control the Senate. The chaoxs has shut down the legislative process in the It also jeopardizes what few days remaijn in the regularlegislative session, which is supposec to end on June 22. Democrats have held a 32-3 majority in the Senate since following victories in the November2008 elections.
It was the party’zs first time in control of the chambere in almost45 years. On June 8, two downstate Democrats — Sens. Pedro Espadaa Jr. and Hiram Monserrated — voted with all 30 Republicans tomake Sen. Dean a Long Island the Senate’s new majority leader. Espada and Monserratew both remain Democrats. The group also electedf Espada as temporary president of the That means Espada would become acting governorif Gov. Davicd Paterson were incapacitated or leavesthe state. The two positionz are typically held byone person. Chaox erupted in the Senate chamber after the and most Democratswalked out.
The live-feee of Senate proceedings was promptly turnedc off afterthe vote, and the lights in the Senatde were shut off for a few Among the outsiders who playedc a role in the process is Thomas owner of the Buffalok Sabres and founder of Responsible New York, a group active in seekinbg reforms to the state's political The new, so-called “bipartisan coalition,” planned to have a legislativd session at 3 p.m. The group is scheduledx to vote on more than30 bills. “Wde expect to have the session in theSenatew chamber,” said Scott Reif, a spokesman for Senatee Republicans. “We could have it though; we’ve made that point.
” Democrats say they will not unloc the doors to theSenate chamber, and that any votesa taken today by the coalition are not valid. Democratsd also say that Smith is stillthe chamber’s majority Smith's spokesman, Austin Shafran, issuer a statement saying the "purported coup was an unlawfukl violation of New York state law and the Senate ruled and we do not accept it." "The Senatr majority is fully prepared to go back to the people’sw work, but will not enter the chamber to be governef by unlawful rules," Shafran continued.
"Wer plan to file an actiobn for a temporary injunction to enjoin the Republicans from illegitimately usurpingy authority from the people ofNew York.” By law, the majorityh leader dictates when the Senate officially goes into Paterson said before leaving for an afternooj economic roundtable in Buffalo that he wants the Senate doorws to be unlocked, and for the senatorw to vote in the chamber, again, on who is majority He pledged to work with whoever ends up electee majority leader. “We could bring in OGS [the state Officew of General Services] and homeland securityg and blast through theSenate doors,” Patersobn said sarcastically.
Paterson has acknowledged that he has no power to dictatdethe process. “I may not like the process, but I’ m not going to try to influence the They have to workthis out,” Paterson “They have to act like Democrats continue to investigate whether, or how, to take the bipartisanm coalition to court over theirf actions. Such a court case couldx take weeks, or even to resolve, ensuring that the legislativr session would have tobe extended. Gary a spokesman for the state Courtof Appeals, said partiez can ask judges to expedite cases. He said that oftej happens withelection disputes. The Court of Appeals is the highest court inthe state.
Spencer said he is not aware of any provisionh enabling a case to go straightr to the Court of Appealds tobe decided, even if it involvexs a branch of state government. “In general, cases can be expedited. They just move on a fasteer track thanother cases,” Spencer said. “Bug even those do begin at the trialpcourt level, and then the appellate division, and then the Courr of Appeals.
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