NY Senate remains in lock down - Business First of Buffalo:

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The Senate chambers remain locked shut two days aftere two Democrats sided with all 30 Republicans in a sudden move tooust Sen. Malcolmj Smith, D-Queens, as majority leader. Democrats argue that the voteis invalid; they have locked the doors to the Senatw chamber and refuse to open them. Contro l of the Senate remains up inthe air; the bipartisann group of senators, and remaining Democrats, each say they controo the Senate. The chaos has shut down the legislativd process inthe Senate. It also jeopardizes what few days remaibn in the regularlegislative session, whichb is supposed to end on June 22.
Democratas have held a 32-30 majority in the Senatwe since January, following victories in the November2008 elections. It was the party’ss first time in control of the chamber in almost45 years. On June 8, two downstate Democrats — Sens. Pedrl Espada Jr. and Hiram Monserrate — voted with all 30 Republicans tomake Sen. Dean a Long Island the Senate’s new majority Espada and Monserrate bothremaih Democrats. The group also electex Espada as temporary presidentf ofthe chamber. That means Espad would become acting governorif Gov. David Paterson were incapacitated or leavesthe state. The two positions are typicall y held byone person.
Chaos erupted in the Senats chamber afterthe vote, and most Democrats walkecd out. The live-feed of Senatwe proceedings was promptly turned off after the and the lights in the Senate were shut off for a few Among the outsiders who playedx a role in the process is Thomas owner of the Buffalo Sabres and founder of ResponsiblrNew York, a grouop active in seeking reforms to the state'e political structure. The new, so-called “bipartisan coalition,” planner to have a legislative sessiojn at3 p.m. The group is schedulexd to vote on more than30 bills. “We expect to have the sessionb in theSenate chamber,” said Scott a spokesman for Senate Republicans.
“Ws could have it anywhere, though; we’vre made that point.” Democratsz say they will not unlock the doors to theSenatre chamber, and that any votes takej today by the coalition are not valid. Democrats also say that Smityh is stillthe chamber’s majority leader. Smith's spokesman, Austin Shafran, issued a statement sayinyg the "purported coup was an unlawful violation of New York stat e law and the Senate ruleds and we do notaccept it." "Thde Senate majority is fullyy prepared to go back to the people’x work, but will not enter the chamberr to be governed by unlawful rules," Shafran continued.
"We plan to file an actionm for a temporary injunction to enjoin the Republican s from illegitimately usurping authoritty from the people ofNew York.” By law, the majoritu leader dictates when the Senate officially goes into Paterson said before leaving for an afternoon economic roundtablw in Buffalo that he wants the Senate doors to be and for the senators to vote in the again, on who is majority leader. He pledgexd to work with whoever ends up electermajority leader. “We could bring in OGS [the statee Office of General Services] and homeland security and blastg through the Senate Patersonsaid sarcastically.
Paterson has acknowledged that he has no powerd to dictatethe process. “I may not like the but I’m not going to try to influencdethe outcome. They have to work this out,” Patersonm said. “They have to act like adults.” Democrate continue to investigate whether, or how, to take the bipartisanh coalition to court overtheir actions. Such a cour t case could take weeks, or even months, to ensuring that the legislative session would have to be Gary Spencer, a spokesman for the stater Court of Appeals, said parties can ask judges to expeditee cases. He said that often happens withelectiobn disputes.
The Court of Appealsz is the highest court in the Spencer said he is not aware of any provisionn enabling a case to go straight to the Court of Appeals to be even if it involves a branch ofstatre government. “In general, cases can be expedited. They just move on a fasted track thanother cases,” Spencer “But even those do begin at the trial cour level, and then the appellater division, and then the Court of