Legal Challenges Continue (Updated 3x)
Despite a judge tossing Democrats bid this morning for a temporary restraining order, Senate Democratic lawyers were driving to Kingston this afternoon to appeal the case in state appeals court.
Democrats are arguing that state Supreme Court Judge George Ceresia erred when he ruled from the bench this morning in Troy that he doesn’t have the power to rule on a legislative issue.
The restraining order issue is separate from a court case scheduled tomorrow in state Supreme Court in Albany where Democrats are seeking a preliminary injunction that would find Monday’s leadership vote by Republicans illegal.
Updated: Senate Democrats said they’ve received a temporary restraining order this afternoon by a state appeals court that blocks Senate Republicans from conducting any further legislative business. So it’s unclear whether Republicans will be able to convene on Monday as planned.
Updated 2x: Here’s the court ruling.
Updated 3x: Republicans claim the court ruling doesn’t block them from holding session, it only applies to the duties of temporary President Pedro Espada.
“Today’s decision by the Appellate Division was a victory for the new Senate Reform Coalition because it allows us to continue to convene sessions under the new leadership established Monday.
“The Judge refused the desperate attempt by former Senate Majority Leader Malcolm Smith to prevent duly elected Senators from doing their jobs and will enable us to convene session as planned.
“The only ramifications of the court ruling today relates to restraining Temporary Senate President Espada from performing the duties of Governor should the Governor leave the state tonight, an issue that will be heard in court tomorrow.”
1 on Scribd” href=”http://www.scribd.com/doc/16337330/Smith-v-Espada-App-Div1” style=”margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;”>Smith v Espada App Div1
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i would hope that malcom smith and co. would learn basic math and count that 32 is a majority of 62.