Judge orders NY Senate into chamber

Judge orders NY Senate into chamber

ALBANY -- A judge is ordering New York's split Senate into a working session together, for the first time in more than three weeks.

But a lawyer the Republican-dominated coalition that mounted a coup for power on June 8 says he will appeal the decision, which will probably further delay Senate action.

State Supreme Court Justice Joseph Teresi is ordering all 62 members of the Senate into session Tuesday morning. Gov. David Paterson has requested the action because he says there is essential work to be done.

Both the Republican-led coalition and the Democrats they tossed from power have responded to Paterson's orders by meeting separately and conducting no official business. The factions are deadlocked 31-31. Negotiations over sharing power have failed so far.

The coup began June 8 when Thomas Libous, R-Binghamton, presented what appeared to be a routine bill to the Senate's presiding officer at the time, Neil Breslin, D-Albany. Following the chamber's rules, Breslin started reading the bill.

The trap was set.

The motion called for replacing the Democrats' top two officers and turning over Senate control. Democrats hemmed and hawed, countered at every turn by Republicans.

"It's a coup!" uttered Sen. Ruben Diaz, D-the Bronx. On the Senate floor, Libous loudly told the stunned Democratic leadership, frantically whispering into phones about legal options, to act on his motion or step down.

"I move that we adjourn!" shouted Sen. Jeffrey Klein, D-the Bronx.

"Roll call! Roll call!" Libous shouted back, windmilling his hand to keep the parliamentary plotters moving.

The Democrats stormed out, cut the lights, TV and Internet feeds, and silenced the microphones.

In 26 minutes, 30 Republicans and two dissident Democrats from New York City had seized control.

But ruling proved harder than overthrowing.

One of the plotters, Sen. Hiram Monserrate, D-Queens, who faces an assault charge involving a glass-slashing injury to his girlfriend, bolted back to the Democratic party and confusion turned to chaos as the Senate was left split, 31-31.

Closed-door meetings were quickly held and the case went to court, only to have a judge say the judiciary shouldn't solve the legislative branch's problems. In one meeting, Klein and Sen. Pedro Espada, D-the Bronx, the coalition's choice for Senate president who is also facing campaign law violations, nearly came to blows, according to two people who were there.

Meanwhile, the New York Post hired a clown who mugged with stone-faced senators in blue pinstriped suits.

Paterson ordered them into special session at 3 p.m. Tuesday.

The coalition immediately called a meeting for 2 p.m., hoping to seize the gavel and run the session. But Democrats sneaked into the chamber at 12:30 p.m., grabbed the gavel and rostrum, then locked the door. At 2:30, they allowed in the Republicans.

Instead of a constitutional "extraordinary session," the bizarre simultaneous session ensued.

At one point, Sen. George Winner, R-Elmira, trying to conduct the coalition's session from the row of antique desks with brass ink wells reserved for reporters, told Sen. Ruth Hassell-Thompson, D-the Bronx, who was laughing: "You're out of order!"

Hassell-Thompson barked back, "Don't you dare tell me I'm out of order!"

Sixteen days after the coup, leadership is still a puzzle and the Senate, once derided as one-half of the nation's most dysfunctional legislature, is still idling in neutral.

"Nobody is proud over what has happened over the last couple of weeks," said Sen. Malcolm Smith, who brought the Democrats into the majority on a promise of reforming government, only to lose his leadership post in the power grab. "I'm not even going to debate whether the means justify the end."