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Posted: Thursday, 09 July 2009 8:19PM

New York Court Vacates Restraining Order for Lt. Governor



ALBANY, N.Y. (AP)  -- An appellate judge handed Gov. David Paterson an early victory for his surprise appointment of a lieutenant governor, which may have forced Thursday's end to the monthlong standoff in New York's Senate.

The ruling by state Supreme Court Associate Justice Leonard Austin in Nassau County overturned a restraining order that Republicans had obtained earlier Thursday, just hours after Paterson quickly swore Richard Ravitch into office as he knew legal challenges were being prepared.

A separate hearing on whether Paterson can appoint a lieutenant governor is scheduled for Friday.

Morning headlines like the New York Post's ``Gov's Ace! Picks circus `tiebreaker''' topped news stories that Ravitch, a widely respected Democratic crisis manager, could preside over the Senate split 31-31. The rift followed a June 8 coup by a Republican-dominated coalition.

While courts battled over Paterson's appointment Thursday, a dissident senator returned to the Democratic conference after it was strengthened by the appointment of Ravitch, who could break at least some ties in the Senate.

``What you now have is chaos,'' Paterson said before the Senate standoff ended. He said a lieutenant governor presiding over the Senate, as he did before he succeeded Eliot Spitzer a year ago, could be a neutral figure to guide the Senate along and avoid more infighting.

Paterson noted that Ravitch, 76, was a negotiator in the 1994 Major League Baseball strike full of towering egos and said, ``I'm sure he'll be right at home here in Albany.''

Paterson defended the choice even as many senators predicted a power-sharing resolution was expected by the end of Thursday.

``From one day to the next, the Senate has befuddled us and confused us with the politics of deception,'' Paterson said.

The appointment in the face of decades of conventional wisdom that a governor had no such power was both praised as bold statesmanship and criticized as a potentially impeachable offense.

Common Cause/NY, one of the good-government groups that urged the action, called Paterson's decision ``bold and much-needed action that will help to bring an end to one large factor contributing to the ongoing Senate stalemate.''

Republican Sen. George Winner of Elmira said the move was unconstitutional, would taint any bills passed by the Legislature, and just might be an impeachable offense for Paterson.

``It's something I think the Assembly ought to look at,'' said Winner, referring to the chamber that would hold an impeachment trial.

Dan Weiller, spokesman for the Assembly's Democratic majority, said it was not under consideration.


Copyright 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.
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