Ruling on Lt Gov Appointment Delayed until Next Week

MINEOLA, N.Y. (AP)  -- Agreement in Albany over leadership of the state Senate did not end a dispute over whether Gov. David Paterson is constitutionally permitted to appoint a lieutenant governor.

A Friday hearing on the constitutionality of the appointment -- a maneuver by the governor intended to provide a tie-breaking vote in the Senate -- was adjourned until July 15 after petitioners seeking to block Paterson's decision asked for more time.

David Lewis, a Senate attorney for one of the petitioners, says Paterson's appointment of Richard Ravitch is unconstitutional.

``An unelected governor selected a private citizen to become the second highest officer in the state, one heartbeat away from the governor without any input from the people, without any advise and consent from the Senate, without any input from the Senate and Assembly,'' Lewis said.

Paterson, who never named a lieutenant governor when he ascended to the governor's mansion in March 2008 in the wake of Gov. Eliot Spitzer's sex scandal, announced Wednesday he was appointing Ravitch. Lawyers for state Sens. Pedro Espada of the Bronx and Dean Skelos of Long Island obtained a restraining order the following day, seeking to block Ravitch from taking office, but a judge later Thursday voided the order.

Paterson appointed Ravitch to provide a tie-breaking vote in the Senate, which had been deadlocked at 31-31 since shortly after a June 8 overthrow of Democratic leadership. Espada, who sided with Republicans to stage the coup, rejoined the Democratic conference Thursday, restoring a 32-30 Democratic majority.

Kathleen Sullivan, a lawyer for Paterson and Ravitch, suggested outside court Friday that opposition to Ravitch was no longer pertinent after Espada's return to the Democrats.

``We really don't know what the plaintiffs are still doing bringing this lawsuit after the dramatic developments last night that helped the Senate get back to business,'' she told reporters. ``The current status is Lieutenant Governor Ravitch is in office. He's the lieutenant governor.''

Paterson's spokeswoman said in a statement that a court delay was unwarranted.

``These are the same delay tactics that were used in the Senate chamber over the past five weeks -- now their lawyers have followed suit,'' said Marissa Shorenstein.