Smith seeks Troy venue to block GOP takeover
By ROBERT GAVIN, Staff writer
Last updated: 7:53 p.m., Wednesday, June 10, 2009
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ALBANY -- Democrats, still hoping to salvage control of the Senate, are planning to go to court early Thursday in Troy.
Democratic Leader Malcolm Smith is seeking a court injunction hoping to "prevent Senate Republicans from conducting illegitimate business under the pretense of the Senate majority," said Smith spokesman Travis Proulx.

His office acknowledged plans to raise the issue in Rensselaer County Court in Troy early Thursday. The actual paperwork was expected to be filed in Albany County.

While he did not rule out another venue by early Thursday, Smith spokesman Austin Shafran described the Rensselaer County location as the anticipated venue.

Earlier Wednesday, Proulx told the Times Union in an e-mail, "The injunction will be filed with the Supreme Court of Albany County. We expect it to be filed this afternoon."

Just before closing time at 5 p.m., Acting Supreme Justice Thomas McNamara, who had awaited the possible action in state Supreme Court on Eagle Street, left the building.

Any state judge with jurisdiction could handle the matter, a court official said.

At 5:45 p.m., Proulx noted there are plans to request the injunction before an emergency judge.

A court official said paperwork for an injunction would need to be filed with the Albany County Clerk's office on North Russell Road, which closes at 5 p.m. Proulx was unsure if representatives of Smith had done so.

Late Wednesday, two Senate aides holding paperwork were let into the Albany County Courthouse. They declined to comment, referring questions to a Senate spokesman.

Smith was elected majority leader in January, two months after voters gave the Democrats a one-vote majority in the Senate. It was the first time in decades that the party lead the chamber.

But on Monday, Senate Republicans and two defecting Democrats voted to appoint Sen. Pedro Espada, D-Bronx, as Senate president, and Dean Skelos, R-Rockville Centre, as majority leader.

Empire State of Chaos:
New York's state senate flip-flops as much as its governor.
By ROBERT A. GEORGE
LINK

Illinois, you had all your "fun" last fall. It was bad at the time, but then, like a rotten tooth, your corrupt governor was impeached, removed from office and subsequently indicted. The worst you have to worry about now is watching the state's former first lady appear on a cheesy Summer reality show.

Speaking of which, there are probably quite a few residents of what is nick-named "the Empire State" wishing they could be on a reality series called, "I'm A New Yorker ... Get Me Out of Here!!!"

After having lost one governor to sex scandal, having him succeeded by another who has become a national joke on "Saturday Night Live" as he incompetently runs the state -- hiking both taxes and spending -- New Yorkers yesterday had to deal with a parliamentary overthrow which flipped the state Senate, nominally, back into the hands of the Republican Party. While this was a big surprise; it wasn't a total shock. It didn't occur in a vacuum.

The Democrats had taken control of the Senate after the 2008 elections -- by a slender 32-30 margin -- for the first time in 40 years. But even that had not occurred without controversy. Four Democrats -- Pedro Espada and Ruben Diaz of the Bronx, Hiram Monserrate of Queens and Carl Kruger of Brooklyn -- all withheld immediate support from the man who was to majority leader, Malcolm Smith of Queens.

The group -- nicknamed the "Gang of Four" -- tried holding out for various committee chairmanships and other leadership positions. Diaz, a fierce socially conservative Democrat, insisted that he wouldn't support Smith unless he got a commitment that the chamber wouldn't bring up same-sex marriage. Eventually, Monserrate dropped out of the dissident group and pledged allegiance to Smith. The remaining three -- when they couldn't cut a deal with the Republicans and facing increasing pressure from their fellow Democrats -- eventually relented and also voted for Smith. That was back in December.

Keep these characters in mind.

Since that time, Gov. David Paterson has been suffering historically low poll numbers and has had to face rampant speculation that Attorney General Andrew Cuomo will be the Democratic nominee in his place in 2010. His herky-jerky leadership of the budget process (that included ridiculously high spending hikes, even in the middle of a recession) helped him not at all. (Prior to that, his chaotic selection of Kirsten Gillibrand to replace Hillary Clinton in the U.S. Senate---and parallel trashing of Caroline Kennedy in the process --- endeared him to neither the public or the press.)

Last week, New York Post columnist Fred Dicker reported that a virtual "civil war" was brewing within the Democratic Party over next year's governor's race:

The battle lines are pitting Paterson, Sens. Chuck Schumer and Kirsten Gillibrand, a Paterson appointee, and several party functionaries against Attorney General Andrew Cuomo, the Democratic leaders of the Legislature, and state Comptroller Tom DiNapoli, who had a serious and unexpected public clash with the governor on Friday.

Cuomo, the highly popular son of former governor Mario Cuomo, is gearing up to run for governor next year and is seen by Assembly Speaker Sheldon Silver, Senate Majority Leader Malcolm Smith and other senior legislative Democrats as their party's strongest standard-bearer.

As if to confirm that volatility, the senior member of the New York delegation -- Rep. Charlie Rangel -- declared last Friday that a Cuomo challenge to the sitting black governor would split the party on racial lines. The statement was seen as a clear shot across the bow of Cuomo -- who lost an embarrassing gubernatorial primary fight several years ago to then-Comptroller Carl McCall, another African-American.

It seems that wasn't the "civil war" that people should have been looking at -- at least not right now.

Instead, two members of the previously mentioned "Gang of Four" -- Espada and Monserrate -- apparently worked behind the scenes over the last several weeks and restarted their conspiracy with the GOP minority. Both men will remain Democrats but include themselves in a "bipartisan majority" that ousts former Majority Leader Smith. The top Republican in the state Senate, Dean Skelos, will take that title, while Espada is now Senate President Pro Tem (in recent times in New York, both positions have been held by one individual).

Perhaps most appalling is that this situation could, conceivably, abruptly change because of the legal and ethical woes of both Monserrate and Espada.. Monserrate was arrested for slashing his girlfriend's face in a pre-New Year's domestic altercation. The girlfriend declared that it was a mistake and that Monserrate "tripped" with a glass in his hand. There is, reportedly, a hallway camera that tells a rather different story. The trial is pending. Espada has also been fined thousands of dollars over campaign irregularities going back years.

As a result, look for the Republicans to work on getting both the aforementioned Kruger and Diaz (and perhaps one or two others) to also caucus with them -- to give a measure of insurance in case either Monserrate, Espada or both possibly lose their seats to legal issues. If that is the case, New York can forget about getting same-sex marriage this session. At the very least, Diaz wouldn't switch without a guarantee that the legislation won't be brought up by the Republican pseudo-majority.

What will be the result of this insanity? Who knows? In 1994, a savvy politician had to deal with the loss of the legislative majority in both chambers. President Bill Clinton eventually used that to his advantage and managed to turn split government into a successful bid for re-election. Gov. Paterson has yet to demonstrate that he has that level of skills to try to triangulate between an Assembly still strongly in Democratic hands and a Senate controlled by Republicans. The governor has been strongly pushing what he calls the "marriage-equality" bill as a major priority that he thought could help repair his image with part of the Democratic Party base. Again, that is likely to become the most notable victim of the shake-up.

Alas, for New Yorkers, they can be forgiven that they are trapped in a nightmarish "reality" series from which they can neither escape nor awaken.

Robert A. George is a New York writer. He blogs at Ragged Thots.

SURPRISE REPUBLICAN TAKEOVER COULD FOIL MAYORAL CONTROL (updated)
Edward-Isaac Dovere
LINK

Republicans seized control of the State Senate, installing Pedro Espada (D-Bronx) as temporary president and Sen. Dean Skelos (R-Nassau) as majority and vice-chair in a move that, among other things, throws the reauthorization of mayoral control of schools in serious jeopardy.

The current law is set to sunset on June 30—in a deal already facing trouble—and the inevitable political wrangling could result in the legislature now failing to take it up for a final vote before the end of session and that deadline.

That would create a statutory crisis, with the public school system immediately reverting to its 2002 form.

The city has not prepared in any real way for this contingency.

Espada was joined by Hiram Monserrate (D-Queens) in voting to overturn Democratic majority.

Senator Ruben Diaz Sr. (D-Bronx) was in the chamber for the vote but insisted that he was not voting.

“It will be a coalition of members, and we encourage other Democrats who perhaps weren’t that happy today: join the coalition,” Skelos said. “The more the merrier.”

Asked how things would function now, Skelos expressed confidence.

“There will be some bumps in the road,” Skelos said. But “I want to empower the members.”

Skelos noted that Espada would be the first Latino to be temporary president of the Senate, something he said, “Latino voters should be proud of.”

As the vote began, billionaire Tom Golisano entered the gallery on the Republican side with an entourage which included Steve Pigeon and Gary Parenti, who joked, "Look who's here." (Espada is an old friend of Pigeon, who also helped broker the discarded deal from last fall which would have made Espada majority leader under the Democrats.)

Angelo Aponte, secretary to the Senate Democrats, was heard confiding to someone in a hallway outside the Senate chamber that Golisano apparently threw a lot of money at the renegade Democrats.

The surprise flip in majority came after a procedural disagreement clearly orchestrated by the Republicans in advance. After repeatedly calling for the results of a hand vote of the Senate, Senate Tom Libous (R-Binghamton) removed Sen. Neil Breslin (D-Albany) as chair.

After Sen. Jeff Klein (D-Bronx) called for the session to adjourn—which was immediately gaveled to happen by presiding chair Breslin—Democrats turned off the lights in the chamber in an apparent effort to force the Republicans to leave.

They did not and the lights were eventually switched back on.

Minutes later, Espada and Skelos were sworn in to their new positions, and a rules committee meeting was held on the Senate floor, with Senators immediately adopting new rules.

Espada, insisting that he remains a Democrat, called the new majority a “consensus majority,” not a Republican one.

Assembly Member Carl Heastie, the Bronx Democratic leader, was not aware of the move by Espada--a Bronx Democrat--in advance, and is currently working to reach him after being informed of the particulars by Diaz outside the Assembly chamber.

What happens now is unclear. Some are expecting litigation. Some are expecting a session that stretches long into the summer.

Diaz, reached after the commotion answered the question with a common sentiment: “Who knows?”

He said he would not be joining those who went with the Republicans.

“I have no part of that. I don’t know what’s going to happen,” he said, though adding, “They have the right to do what they do.”

Asked whether he was willing to help mediate a compromise to bring Espada and Monserrate back to the Democrats, he deferred.

“That’s not my duty to do that,” he said.

As the day ended, Gov. Paterson called Sens. Skelos and Espada to see him in the executive chamber.

In addition to schools legislation, the current impasse could scuttle the rest of the legislative agenda, including gay marriage and other initiatives that were part of Paterson's political recovery strategy, while the leadership question remains unresolved.
"Now the chamber is locked," Diaz said. "Who will unlock it?"

Austin Shafran, a spokesman for the Senate Democrats, cast doubt on the lawfulness of the Republican takeover

“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”

With additional reporting by David Freedlander

Dems Won't Hand Over Keys to Espada After CoupPlanning was so secretive that top staffers -- even wives -- kept in dark
By JOHN P. WISE
LINK

The leader of a coalition that mounted Monday's coup in New York's Senate said he's being denied the keys to the historic chamber.

The alliance of Republicans and two dissident Democrats is asking for the resignation of the secretary of the Senate, a position appointed by the Democratic conference that appears to have lost its voting majority. The secretary holds the chamber's keys.

Republicans didn't seem bothered when the Democrats dimmed the lights on the Senate floor, saying a new, bi-partisan coalition had been created.

Sen. Pedro Espada Jr. is the new head of the Senate if the overthrow stands, as many now expect it might. He said that if he can't get the keys to the Senate, he'll open Wednesday's session in another room, or even a park.

Espada, a Bronx Democrat, said he's sure the coup is final and will withstand any legal or political challenge. He has already updated his Website to say that he is the new leader of the chamber.

But Senate Majority Leader Malcolm Smith says despite the GOP's new 32-30 voting edge in the chamber, he won't go quietly.

"Let's just be real clear -- the Senate Democrats are still in the majority, and Sen. Malcolm Smith is still the Majority Leader pro tem," he said Monday night. "We understand that there was a vote taken on the floor after the session was gaveled out, and therefore their assuming that there was a change in leadership is just erroneous on their part unfortunately."

But Senate Minority Leader Dean Skelos apparently checked his math, and lobbed a jab to Smith on Tuesday

"Right now, it seems that Malcolm Smith doesn't understand that 32 is a majority," he told reporters.

Sen. Hiram Monserrate, of Queens, joined Espada in Monday's maneuver. The pair said that although they did not change party affiliations, the switch was based on "gridlock" in the chamber.

Monserrate was recently indicted on charges that he slashed his girlfriend with a broken glass, and Espada faces campaign fines and an investigation into a non-profit he once ran.

But Tom Golisano, the Rochester billionaire who helped the Democrats win the Senate last fall, said he felt betrayed that the party seems to have abandoned its promises of reform.

"Don't talk to me about ethical backgrounds in Albany, New York," he said. "I mean, (Eliot Spitzer) stood on a podium on national television and said he had extramarital affairs and used cocaine."

Monday's move was the culmination of six to eight weeks of planning so secretive that top staffers -- and even the families of the senators staging the power grab -- were kept out of the loop.

Meanwhile, Gov. Paterson told reporters Tuesday that he won't be going anywhere during the disquietude.

"I would not plan on the leaving the state right now," Paterson said. "I would think the best thing for me to do is to stay here."

From Betsy Combier: Below is a very one-sided view of the coup by a veteran newscaster I formerly respected:

Anarchy Reigns in Albany
By GABE PRESSMAN, NBC News
LINK

Sen. Hiram Monserrate and Sen. Pedro Espada Jr.joined a coalition giving Republicans a 32-30 voting edge in the Senate. Neither changed party affiliation.

For more than half a century, I have reported on Albany.

Never in all these years have I observed a spectacle as outrageous as what went down Monday.

Rules and precedents have been ignored. The war between the two parties has resulted in a gridlock of selfish legislators pitted against each other. The people's business is not the primary concern. There is no morality. Just jungle law and maybe that insults the noble animals of the jungle. In Albany, anarchy reigns.

Two traitors to their party and the people have been elevated to high positions they didn't earn. Senator Hiram Monserrate, of Queens, and Bronx Senator Pedro Espada Jr. have gone against the Democratic Party and joined the Republicans in a voting coalition. The Republicans have seized the opportunity to take control of the narrowly divided Senate.

The two new kings of the hill have undistinguished records. Monserrate, an ex-cop, is awaiting trial on a charge of slashing his girlfriend with a broken glass. He was also recently fined for exceeding spending limits in a race for the City Council by the Campaign Finance Board. Espada owes more than $13,500 for campaign finance violations. He tried to direct pork barrel grants of $745,000 to a non-profit organization that paid him $200,000 in salary.

Espada has been voted the new Senate president and Republican Dean Skelos of Long Island is the new majority leader, that is, if the vote stands.

The state Senate, with its oak paneling, red decor and comfortable leather chairs, has a luxurious look. But the civil war now raging on and off the floor makes it appear more like a battlefield. The lame excuse offered by the two senators who deserted their party was that it would help the cause of reform. Espada called it “a new beginning of bipartisan government.” That's baloney. What happened was a coup engineered by two opportunists that has brought chaos. And, if the situation is allowed to continue, Espada will be next in line to succeed Gov. David Paterson.

Paterson denounced the Republican led power grab as “despicable” and asked: “When do we get around to governing?”

At one point during the war of words in Albany, the Democrats turned out the lights and the TV feed but power was restored a few minutes later. The man who until yesterday led the Democrats as majority leader, Malcolm Smith, denounced the coup as “an illegal and unlawful attempt to gain control of the Senate.”

Among the issues before the Senate are same sex marriage and mayoral control of the city school system. The raging civil war in the Senate has no precedent in modern history. Both Democrats and Republicans share the blame for what happened. The people of this state are witnessing a spectacle of power-hungry men battling over positions that ultimately only the people should bestow. Sooner or later the two parties have to make peace but, at the moment, no individual seems to have the power to force them to negotiate a solution.

Until that happens, anarchy reigns.