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74-572: In the 118th Congress , four politically independent U.S. Senators caucus with the Democrats: There are thirteen politically independent state legislators that caucus with the Democrats or consistently vote with the party: The first member of the United States House of Representatives to identify as an independent Democrat was Zadok Casey of Illinois , who served from 1833 to 1843. Casey

148-474: A 63rd seat "to the current 62-member body would...make political coups like the one that shut down the chamber two years ago more difficult". The Daily News added: "Insiders note that adding a 63rd seat in the state Senate would avoid any legislative chaos by ensuring one party would be in the majority – as opposed to now, with an even number of seats". Following a lawsuit, the New York Court of Appeals upheld

222-594: A bipartisan vote. Partisan disciplinary actions have also increased. With the expulsion of New York Representative George Santos from the House in December 2023 over the opposition of the Speaker, this was the first congress since the 107th in which a member was expelled , and the first ever in which a Republican was. There was also an increase of censures passed in the House, being the first congress with multiple censures since

296-580: A club in Albany , followed by one at Golisano's house in Rochester , followed by a series at Espada's house in Albany. Espada said that Senator Monserrate was the only one among his fellow Democrats that knew of the meetings. Republican strategist Roger Stone may have been involved in the discussions, and according to Pigeon, knew about the plan in advance. Golisano, who recently moved to Florida , did not take part in

370-604: A majority in the 2008 elections . The change was helped by upstate Republican billionaire Tom Golisano , who had donated $ 5 million to the Democrats' campaigns. However, dissatisfaction with the job that Majority Leader Malcolm Smith was doing was growing with his fellow Democrats, as well as with Golisano. Golisano, with the aid of his political adviser Steve Pigeon , set up a series of private meetings between Republican senators Dean Skelos , Tom Libous , and George D. Maziarz , and after Pigeon convinced him, Democratic senator Pedro Espada Jr. The first meeting took place at

444-538: A motion to adjourn, and therefore ended the session before the Republicans voted to change leadership. Smith also claimed that the attempted power shift was not legal, even if the resolution did pass. He issued a statement saying that he "was elected to a two year term pursuant to a resolution passed by a majority of Senators in January 2009", and that "the purported coup was an unlawful violation of New York State law and

518-521: A multi-ballot election for Speaker of the House , which had not happened since the 68th Congress in 1923. Kevin McCarthy was eventually elected speaker on the 15th ballot. After relying on bipartisan votes to get out of a debt ceiling crisis and government shutdown threats , McCarthy became the first speaker to ever be removed from the role during a legislative session on October 3, 2023. Following three failed attempts by various representatives to fill

592-452: A narrow 32–30 majority. On June 8, 2009, a coalition of all 30 Senate Republicans and two Democrats, Hiram Monserrate and Pedro Espada Jr. , voted to replace Senate Majority Leader Malcolm Smith with then-Senate Republican Leader Dean Skelos . The coalition appeared to have gained control of the Senate in a move that was described as a political coup . However, on June 15, Monserrate left

666-412: A new leader of the Senate. The entire 32-senator coalition voted for the resolution. After the resolution was passed, but before the vote was recognized by officiating officer, Senator Neil Breslin , Senator Jeffrey Klein moved for adjournment. Libous demanded that his resolution be recognized, but instead Breslin quickly granted Klein's motion for adjournment. Republicans objected, claiming a majority of

740-449: A replacement lieutenant governor as there was with other statewide positions. On June 17, Espada asserted that because he was Senate president, he would effectively get to vote twice: once as a Senator, and again as Temporary President, who "[performs] all the duties of lieutenant governor", which includes breaking ties in the Senate. On June 30, the Democrats took advantage of Republican State Senator Frank Padavan 's brief walk through

814-517: A result of the 2020 United States census . Section contents: Senate , House , Joint 2009 New York State Senate leadership crisis The 2009 New York State Senate leadership crisis was a political dispute and constitutional crisis that prevented the New York State Senate from functioning for a month. In 2009, the State Senate was controlled by Democrats with

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888-596: A similarly designated caucus separate from the Democratic conference in 2011, known as the Independent Democratic Conference (IDC). Following the 2009 New York State Senate Leadership Crisis the IDC formed a coalition government with then New York Senate Republican leader Dean Skelos to give Republicans control of the New York State Senate. In April 2018, the IDC announced they would dissolve and following

962-427: A special session on June 23 – setting "routine" but "time-sensitive" bills such as mayoral control over New York City schools, sales tax, and same-sex marriage bills on the agenda. He also stated that he would convene a special session every day, including weekends and July 4 , until the senators finished their job. On June 23, all senators met in the Senate chamber but each caucus held a separate session, ignoring

1036-492: A transition. Woodworth won the 1848 Chicago mayoral election against Democrat James Curtiss with 59% of the vote. He won re-election with 80% of the vote in the 1849 election . Woodworth later served one term in the U.S. House of Representatives as a member of the Republican Party . Andrew Jackson Hamilton of Texas briefly served in the U.S. House of Representatives as an independent Democrat. He later served as

1110-548: A trend towards bucking leadership and lack of party discipline; such a gambit was last successful in 2015 to support the Export–Import Bank . The second of these, a bill to remove certain Social Security restrictions, was subject to an unusual legislative procedure when a chair pro forma called forth a motion to table on a bill while the chamber was empty, flouting House convention and agreements. The Congress began with

1184-626: A uniquely ineffectual Congress, with its most notable events pointing towards political dysfunction. The intense gridlock , particularly in the Republican-controlled House, where the Republican Conference's majority was often undercut by internal disputes amongst its members, resulted in it passing the lowest number of laws for the first year of session since the Richard Nixon administration , and possibly ever. By August 2024,

1258-568: Is the current meeting of the legislative branch of the United States federal government , composed of the United States Senate and the United States House of Representatives . It convened in Washington, D.C. , on January 3, 2023, and will end on January 3, 2025, during the final two years of Joe Biden's presidency . In the 2022 midterm elections , the Republican Party won control of

1332-495: The 1983 congressional page sex scandal and the most in one year since 1870. In December 2023, House Republicans authorized an impeachment inquiry into Joe Biden , followed by the impeachment of Alejandro Mayorkas in February 2024, the first time a cabinet secretary has been the target of impeachment proceedings since William W. Belknap in 1876, and only the second such cabinet impeachment in history. The charges were dismissed by

1406-460: The 2006 Democratic primary , U.S. Senator Joe Lieberman of Connecticut created a new party called the Connecticut for Lieberman party. He had lost the nomination to his own seat to Ned Lamont by a 52% to 48% margin. Lieberman won the general election with 49.7% of the vote to Lamont's 39.7%. He had stated while campaigning that if elected he would continue to caucus with the Democrats. Within

1480-545: The New York Constitution , which include the elevation of Senate president to acting governor when the governor is out of state or incapacitated. The order was valid until the outcome of a Supreme Court hearing, which was scheduled for the next day. The ruling put Sheldon Silver , Speaker of the New York State Assembly , temporarily next-in-line of succession to the governor's office. This restraining order

1554-544: The Republican Party in 1964. Harry F. Byrd Jr. , a senator from Virginia , left the Democratic Party in 1970. He continued to caucus with the Democrats and referred to himself as an independent Democrat. Patrick Lucey was a Democrat who ran as an independent as a vice-presidential candidate in 1980 with John B. Anderson . David Orr , who served as Mayor of Chicago briefly in 1987, entered politics as an independent Democrat. After failing to be re-nominated in

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1628-785: The Senate Democratic Caucus . Sinema announced she would not seek re-election in 2024 . U.S. Senator Joe Manchin of West Virginia was elected as a conservative Democrat in 2010, and re-elected to subsequent terms in 2012 and 2018. Prior to his retirement in 2024, he switched his afflilation from Democratic to Independent, while caucusing with Democrats for the remainder of the 118th Congress . U.S. Congressional candidates Cara Mund , Evan McMullin , and Al Gross have all run as independents while receiving endorsements or support from their respective states' Democratic Parties in traditionally Republican states. 118th United States Congress The 118th United States Congress

1702-468: The U.S. Senate . He has criticized the Democratic Party from a socialist perspective, though sought the Democratic nomination for president in 2016 and 2020. U.S. Senator Angus King served as Governor of Maine from 1995 to 2003, and was the only Independent governor in the United States during that period. He positioned himself as a centrist during his tenure, and later ran for Senate in 2012 on

1776-455: The 11th Governor of Texas and became a member of the Republican party . Strom Thurmond of South Carolina was elected to the United States Senate in 1954 and served as an independent Democrat in the 84th Congress until his resignation on April 4, 1956. In November of that year he was elected as a Democrat to fill the vacancy created by his resignation. Thurmond later became a member of

1850-670: The Appellate Division's Second Dept. in Brooklyn , at which lawyers for both sides presented oral arguments. David Lewis, attorney for Dean Skelos and the Republican Senate caucus, likened the appointment of Ravitch to the Roman Emperor Caligula 's naming of his horse to public office. Justice Thomas A. Dickerson said that "there is to be no one who is appointed to take this office." Justice Steven W. Fisher said he expected

1924-567: The Congress has only passed 78 laws, less than a third of the next lowest laws per Congress in the 112th Congress , which also featured a Republican House opposing the Democratic Senate and White House. This resulted in the need for a legislative coalition to pass key legislation allowing the minority to exercise powers usually reserved for the majority. The fractious session demotivated many veteran legislators, with five committee chairs amongst

1998-649: The Court to rule as soon as possible, referring the case directly to the New York Court of Appeals . On August 20, the Appellate Division rejected the appointment, saying that "the Governor’s purported appointment of Mr. Ravitch was unlawful because no provision of the Constitution or of any statute provides for the filling of a vacancy in the office of lieutenant governor other than by election." However, on September 22, 2009

2072-405: The Democratic conference, which effectively ended the Senate deadlock as Democrats once again had a 32–30 majority. Espada claimed to have a " handshake agreement " with Democratic leader Senator John L. Sampson which would make Espada Senate president for the rest of 2009. Later on the same day, Espada officially became Senate Majority Leader, while Malcolm Smith remained Temporary President of

2146-427: The Democrats, as later that day Senator Monserrate declared he would once again caucus with the Democrats. Monserrate's decision to return to the Democrats meant that the Senate was evenly divided between the 31-member Democratic caucus and the 31-member Republican caucus; there was no clear way to break the tie. In the case of a tie vote in the Senate, a casting vote --also called a tie-breaking vote--can be taken by

2220-463: The Democrats; the two stated that they were not abandoning the Democratic Conference, but that the power struggle must end. Shortly following the attempted change in Senate leadership, Governor David Paterson announced that he would avoid out-of-state travel, saying "the best thing for me to do is to stay here." The New York Constitution states that whenever the governor is out of state,

2294-497: The House 222–213, taking the majority for the first time since the 115th Congress , while the Democratic Party gained one seat in the Senate, where they already had effective control, and giving them a 51–49-seat majority (with a caucus of 48 Democrats and three independents). With Republicans winning the House, the 118th Congress ended the federal government trifecta Democrats held in the 117th . This congress also features

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2368-536: The Lieutenant Governor's duties. However, Senators Smith and Espada each claimed to be Temporary President of the Senate. Special elections for lieutenant governor were forbidden by an amendment to the State Constitution after the death of Thomas W. Wallace and subsequent election of Joe R. Hanley in 1943. As of 2009, there was no provision in state law allowing the governor and legislature to appoint

2442-474: The Lieutenant Governor; however, there is debate over the meaning of the term "casting vote". Furthermore, the lieutenant governorship had been vacant since David Paterson ascended to the governor's office upon the resignation of former Governor Eliot Spitzer . According to the State Constitution, if the Lieutenant Governor's office is vacant, the Temporary President of the Senate is to perform all of

2516-467: The New York Court of Appeals ruled 4–3 that the appointment of Lieutenant Governor Richard Ravitch by Governor David Paterson was constitutional. On March 15, 2012, Gov. Andrew Cuomo signed redistricting legislation that added a 63rd State Senate district. Months prior to the passage of the redistricting legislation, the New York Daily News reported that according to Republican sources, adding

2590-434: The Senate chamber to claim a quorum, but Governor Paterson said he did not believe Padavan's merely walking into the chamber created a quorum and so he would not sign any of the bills passed during that alleged quorum. They passed "non-controversial" bills, including a motel tax, 911 service fees, and a bond authorization for Nassau . On July 7, Monserrate, accompanied by fellow Democratic Senator Ruben Diaz , walked out on

2664-609: The Senate chamber, Secretary of the Senate Angelo Aponte turned off the lights in the Senate chamber and stopped the TV broadcast of the Senate session. Nevertheless, the remaining senators proceeded to vote for new leadership, removing Democratic Senator Malcolm Smith from his position as Majority Leader and Temporary President of the Senate, and replacing him with two people: Republican Minority Leader Dean Skelos as Majority Leader, and Pedro Espada as Temporary President. Historically,

2738-413: The Senate did not vote to adjourn. After Breslin declared the meeting adjourned, all but four Democratic senators walked out of the Senate chamber. The Democrats who stayed were Espada and Monserrate, who had voted for the resolution, and Carl Kruger and Ruben Diaz , who abstained from all voting during the course of events but stayed to show their support. After the 28 Democratic senators walked out of

2812-456: The Senate rules". However, there was precedent for changing the majority leader midterm, as Ralph J. Marino was ousted during the Thanksgiving holiday in 1994. Governor David Paterson criticized the initial motion by Senator Libous as "despicable" and "an outrage" due to the issues that were still on the table in the remainder of the legislative session. On June 10, Malcolm Smith said he

2886-521: The Senate) left no apparent way to break the 31–31 deadlock; therefore, the Senate was unable to conduct business. Governor Paterson attempted to pressure the Senate into action by withholding their salaries and convening mandatory special Senate sessions, but his efforts were unsuccessful. On July 8, Governor Paterson appointed Richard Ravitch as Lieutenant Governor in an effort to break the Senate deadlock. However, Attorney General Andrew Cuomo argued that

2960-588: The Senate, the first time the Senate dismissed impeachment articles without trial after the reading. Note: Democrats refer to themselves as a "caucus"; Republicans refer to themselves as a "conference". The numbers refer to their Senate classes . All class 3 seats were contested in the November 2022 elections . In this Congress, class 3 means their term commenced in 2023, requiring re-election in 2028 ; class 1 means their term ends with this Congress, requiring re-election in 2024 ; and class 2 means their term began in

3034-506: The Senate. Sampson was said to be in line to take over for Smith as Temporary President at an undetermined future date; however, Smith retained hold of the Senate presidency until the end of the term, when control of the chamber passed to the Republicans following the November 2010 elections. Later on July 9, the Senate passed 135 bills in a session that lasted until 2:00 the following morning. Republicans attempted to block Ravitch from taking

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3108-516: The Senators' districts. However, the impact was negligible because no such projects had been approved in 2009. On July 8, at 5:01 pm, Governor Paterson appointed former MTA chairman Richard Ravitch as Lieutenant Governor of New York , although, despite numerous vacancies, no lieutenant governor had ever been appointed in New York history. However, Paterson believed that he had the authority to fill

3182-510: The appointment was illegal. The next day, Espada announced that he was returning to the Democrats, giving them a 32–30 majority once more and effectively ending the crisis; following this move, Espada was given the title of Senate Majority Leader, while Smith remained Temporary President of the Senate. The appointment of Ravitch as Lieutenant Governor was eventually upheld by the New York Court of Appeals . The State Senate had been controlled by Republicans since 1965, but Democrats were able to win

3256-400: The authority to do so. Although the Senators' pay was being withheld, it could not be kept permanently, as the Constitution restricts changing the legislature's pay during session; it was disbursed after the crisis was resolved. Paterson also declared that he would withhold $ 85 million in pork barrel grants. These grants were given to the senators individually to be spent on pet projects in

3330-427: The case to allow the Senators more time for discussion. On June 9, the day following the attempted power shift, Aponte denied Espada the keys to the Senate chamber, at which point Espada accused Aponte of abusing his power and asked for his resignation. Aponte refused, responding "I was appointed legislatively for a two year term and I intend to serve out my two year term." The following day, June 10, Espada acquired

3404-451: The coalition and returned to the Democrats' side. The result was a 31–31 tie in the Senate. Upon the March 17, 2008 resignation of Gov. Eliot Spitzer following a sex scandal , then-Lieutenant Governor David Paterson had been sworn in as Governor of New York; this left the position of Lieutenant Governor vacant. The absence of a Lieutenant Governor (whose duties include serving as President of

3478-412: The coalition would not have had the required votes necessary to pass a bill. Hiram Monserrate voted "present", and then left the session, leaving 31 senators in the session, one shy of the 32 votes needed to pass a bill. Monserrate said that he would not vote on anything until more Democrats joined the Senate session, and instead wanted to create a compromise that included the Democrats who were boycotting

3552-496: The distribution of pork barrel projects. Despite voting for the change in leadership, Espada and Monserrate stated that they were still Democrats, and that there was still a 32–30 Democratic majority in the Senate. The Democrats claimed that the change was illegal, and that therefore Malcolm Smith was still the Majority Leader and Temporary President. According to Smith and other Democrats, Senator Neil Breslin had accepted

3626-487: The dozens declaring resignations before the end of the session, three of whom were eligible to reprise their positions if the Republican Party retained their majority for 2025. A higher-than-average number of retiring lawmakers were those attempting to pass bipartisan and collaborative legislation. Two complete discharge petitions were filed in late 2024, both Republican-led with majority Democratic support, demonstrating

3700-472: The first female Senate president pro tempore ( Patty Murray ), the first Black party leader ( Hakeem Jeffries ) in congressional history, and the longest-serving Senate party leaders ( Mitch McConnell and Dick Durbin ). The Senate has the highest number of Independent members in a single Congress since the ratification of the 17th Amendment after Joe Manchin left the Democratic Party to become an Independent. The 118th Congress has been characterized as

3774-776: The governor's office in case of a vacancy of the temporary presidency of the Senate. However, State Assemblyman Michael Gianaris formed an interpretation of the Public Officers Laws that would allow Paterson to fill the vacancy by appointment. This interpretation was supported by an analysis by the Brennan Center for Justice at the New York University School of Law . It is also supported by good government groups Citizens Union and Common Cause , both of which urged Paterson to make an appointment. Attorney General Andrew Cuomo held that Paterson's interpretation

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3848-515: The keys, but not from Aponte or any of the Senate Democrats. On June 11, minutes after Neil Breslin's requested injunction was denied, the Republican-led coalition held a brief session, but they were unable to conduct business because the Democratic conference had locked away the bills, and also had withheld the stenographer, who is required for official business. This proved immaterial, as

3922-467: The last Congress, requiring re-election in 2026 . All 435 seats were filled by election in November 2022 . Additionally, six non-voting members were elected from the American territories and Washington, D.C. The numbers refer to the congressional district of the given state in this Congress. Eight new congressional districts were created or re-created, while eight others were eliminated, as

3996-456: The lieutenant governor becomes acting governor . Since there was no clear line of succession, it was unclear who would have become acting governor, which is a situation the Governor attempted to avoid. Paterson did not leave the state from June 8 until the resolution of the crisis, which required him to skip several out-of-state events. On June 21, Governor Paterson announced that he would convene

4070-452: The majority leadership and the temporary presidency of the Senate were held by the same person. However, in the new arrangement, Espada was to be the Temporary President of the Senate, while Skelos would become Majority Leader. After the election of the new leadership, the coalition enacted reform rules including a six-year term limit for the majority leader, steps to equalize budget differences between opposing parties, as well as rules about

4144-401: The meetings at Espada's house, but was kept informed by Pigeon. On June 4, Pigeon told Golisano that the deal "was real solid," and on June 8, Golisano was in Albany to watch the events unfold from the Senate chamber balcony. During the Senate session on June 8, Republican Senator Thomas Libous proposed a resolution, similar to a motion of no confidence , that would allow for the election of

4218-419: The oath of office by seeking a temporary restraining order. They successfully acquired one shortly after 11 pm, signed by State Supreme Court Justice Ute W. Lally. The Republicans initially thought that this was early enough to prevent Ravitch from entering office, but they later learned that he had already been sworn in. The restraining order prevented Ravitch from taking any actions as Lt. Governor. However, it

4292-554: The other. Governor Paterson then called daily extraordinary sessions of the State Senate, but each caucus met separately and adjourned without doing any business for lack of quorum . On request of Governor Paterson, Justice Joseph C. Teresi ordered the State Senators on June 29 to convene together the next day. The Republicans appealed. On June 24, Governor Paterson asked that New York State Comptroller Thomas DiNapoli withhold

4366-477: The paychecks and per diems of the Senators retroactively from June 8, when Senate crisis initially started. Senator Kevin Parker rejected the idea, saying that Governor Paterson "doesn't have any constitutional or legal authority to dock our pay." DiNapoli initially said that he would look into the legality of the request. On July 2, DiNapoli agreed to withhold the Senators' pay, even though no court ruled that he had

4440-505: The plaintiffs “have established a likelihood of success on the merits for their claim that neither the Constitution nor legislative enactment authorized the governor to make the appointment," and issued a preliminary injunction which barred Ravitch from carrying out the duties of the office. A new hearing was scheduled for August 25, but lawyers for Governor Paterson filed an appeal in the Appellate Division . The preliminary injunction

4514-404: The post, on October 25, Mike Johnson was elected as speaker . Johnson would advance four more bipartisan continuing resolutions from November into March to avoid shutdowns. Congress finalized the 2024 United States federal budget on March 23, 2024, through two separate minibus packages. Following a contentious foreign-aid vote, a motion to remove Johnson from the speakership was defeated in

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4588-414: The primary defeat of six of the eight members in the 2018 elections , returning the New York State Senate to Democratic control in 2019 . U.S. Senator Bernie Sanders of Vermont, the longest-serving independent politician in congressional history, was initially denied caucus membership by the Democratic Party, however he eventually caucused with the party in both the U.S House of Representatives and

4662-470: The same premise. He has caucused with Senate Democrats since 2013, and briefly considered caucusing with Republicans after the 2014 Senate elections . U.S. Senator Kyrsten Sinema of Arizona was elected as a Democrat in 2018, switching her affiliation from Democrat to Independent in December 2022, effective upon commencement of the 118th Congress . She has opted to caucus with neither party, while maintaining her seniority and committee assignments through

4736-507: The session. Monserrate's decision to not vote on any issues led to rumors that he might flip back to the Democrats' side. Senate Republicans were confident that Monserrate would stay on their side. However, on June 12, Monserrate was praising Democratic Senator John Sampson , who was the front-runner to replace Senator Smith as the Democratic leader. On June 15, in an apparent effort to woo Monserrate, Democrats voted Senator John Sampson as their de facto leader. The move proved successful for

4810-606: The vacancy due to provisions of the New York State Public Officers Law. The New York Constitution prohibits electing a lieutenant governor "except at the time of electing a governor," and provides that the "temporary president of the senate shall perform all the duties of lieutenant governor" in the absence of a lieutenant governor, and that the Speaker of the State Assembly is then next-in-line of succession to

4884-616: The week following the election, Lieberman stated that he was "an Independent Democrat, capital I, capital D," and that he had specified as much to the secretary of the Senate. He continued to caucus with the Senate Democrats who had a slim majority in the 110th Congress . Lieberman remained a registered independent until he left Congress in 2013. Four members of the New York State Senate – Jeffrey Klein , Diane Savino , David Valesky , and David Carlucci –indicated they would form

4958-483: Was stayed by Appellate Division Justice L. Priscilla Hall, who had been appointed to the Appellate Division by Paterson in March 2009. On July 30, a four-judge panel of the Second Department of the Appellate Division ruled that Ravitch "can continue serving as lieutenant governor pending a legal challenge over his appointment – but he cannot preside over the State Senate." A hearing was held on August 18 before

5032-405: Was a Jacksonian Democrat before becoming an independent . In 1848, a candidate for Mayor of Chicago, James Hutchinson Woodworth , labelled himself an independent Democrat to distance himself from what was at the time a corrupt and disorganized Chicago Democratic party organization; he preferred being described as an independent Democrat rather than as a Whig as that party was itself experiencing

5106-480: Was denied by New York Supreme Court Justice George Ceresia. On June 24, Republican senators John Flanagan and George Winner filed a petition with Justice McNamara, requesting that Aponte be forced to recognize the authority of Skelos and Espada. Aponte had instructed the chamber's stenographer, journal clerk, and sergeants-at-arms to ignore any orders from the Republican leaders. On June 26, McNamara adjourned

5180-598: Was initially expected to be sworn in July 9, the day after his appointment, at 11:30 am. However, Paterson's administration officials rushed to swear in Ravitch quickly, ahead of the expected legal battles. He was sworn in at approximately 8 pm on July 8, just 3 hours after his appointment. Shortly thereafter, the necessary paperwork was shortly filed with the Secretary of State's office. On July 9, Espada announced that he would return to

5254-457: Was seeking a temporary court order to prevent the Republicans from taking power. Later in the day, Justice Karen Peters, a judge in the Appellate Division of the Supreme Court, granted Senator Smith's request for a temporary restraining order against Espada. The restraining order prevented Espada from exercising the power granted to the temporary president of the Senate under Article IV, §6, of

5328-435: Was unconstitutional, and that the appointment was not valid. Senator Espada announced he would sue to prevent the appointment, and said that this appointment had ruined Paterson's reputation as an impartial mediator of the situation. Senator Skelos also expressed his concern with the appointment, stating that "it's illegal, it's unconstitutional", and believed that it would create more chaos and government gridlock. Ravitch

5402-433: Was vacated by Justice Thomas J. McNamara on June 16. McNamara refused to intervene in the dispute, saying that "a judicially imposed resolution would be an improvident intrusion into the internal workings of a co-equal branch of government"; McNamara urged the senators to solve the problem by negotiation. Separately from Senator Smith's request, Senator Neil Breslin attempted to file an injunction on June 11. The injunction

5476-525: Was vacated the next day, and a hearing to rule on the legality of the appointment was scheduled for the following day, Friday, July 10. At the hearing in the State Supreme Court in Mineola , the judge adjourned matters until July 15. On July 15, lawyers for Governor Paterson and Senators Skelos and Espada presented their arguments. On July 21, New York Supreme Court Justice William R. LaMarca said that

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