Court of Appeals Rules Paterson Can Appoint LG

September

The state’s highest court ruled today that Gov. David Paterson does have the authority to fill a vacancy in the office of lieutenant governor.

The 4-3 decision, which overturns lower court rulings, means that New York City businessman Richard Ravitch, whom Paterson appointed in July to the job, can fulfill all the duties of the position.

“For now, the Legislature, pursuant to an express grant of constitutional authority, has specified that the vacancy is to be filled not by election but by gubernatorial appointment alone—a determination that the Legislature is always free to revisit,” Chief Judge Jonathan Lippman wrote for the majority opinion.

Ravitch, a former head of the Metropolitan Transportation Authority, had been waiting to take on the full duties of the office while Senate Minority Leader Dean Skelos, R-Nassau County, challenged the governor’s right to the appointment.

Skelos’ camp argued that the state constitution already spelled out that the Senate president would fulfill the role of the lieutenant governor if the position is vacant.

“The court’s decision to allow the state’s highest offices to be filled with no accountability whatsoever to the public or to their elected representatives in the Legislature, is dangerous to democracy,” Skelos said in a statement this morning.

The governor’s lawyers argued that state Public Officer’s Law gave him the authority to name a replacement. The lieutenant governor post was vacant since March 2008, when Paterson took over as governor for Eliot Spitzer.

State Supreme Court in Nassau County granted a preliminary injunction against Paterson’s appointing a lieutenant governor, and the Appellate Division, Second Department, confirmed that decision.

This is not the first time there has been a vacancy in the office of lieutenant governor. It has happened on at least 10 occasions, according to the dissenting opinion, written by Judge Eugene Pigott Jr.

Court of Appeals

This entry was posted on Tuesday, September 22nd, 2009 at 10:39 am by Joseph Spector.
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2 Responses to “Court of Appeals Rules Paterson Can Appoint LG”

ed1 September 22nd, 2009 at 11:20 am
NY State has confirmed, via the State’s highest “court,” the common suspicions that all is politics and that politics here is sham. I care little if there is a LtGov or no LtGov, but there is (or was) a hard-won and noble State Constitution in place, confirmed by the populace, which states specifically that in the case of a vacancy in that seat, the President of the Senate fulfills that role until a LtGov is elected. Welcome to Venezuela north.
nonaubiz September 22nd, 2009 at 10:15 pm
I stated on this blog the day after Gov Patterson appointed Ravitch and again two days ago that the appointment was valid and would be found as such.

I mentioned the first time that the reason that the Attorney General said it was not was because the Attorney General has no clue.

I was correct. If the voters elect Andrew Cuomo to the post of Governor this state will suffer from that mistake for years and years and years.

Andrew is a nice boy. He would be a massive disaster as Governor. THINK.

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