Politics on the Hudson

Weather holds up senator’s lawsuit over ouster

Posted by: Cara Matthews - Posted in Uncategorized on Feb 10, 2010

   Joseph Tacopina, an attorney for Sen. Hiram Monserrate, D-Queens, who was ousted by a majority of his colleagues last night, said his firm was unable to file a lawsuit on the matter today because the federal courthouse in New York City was closed.  The papers will be filed tomorrow, and lawyers will seek an injunction on the expulsion, Tacopina said.

   Meanwhile, Gov. David Paterson has scheduled a March 16 special election for the seat.

   Tacopina said his client’s case is “black and white” and predicted the expulsion of Monserrate would be overturned in court. Monserrate was acquitted last fall of all felonies in connection with a December 2008 domestic-violence incident with his girlfriend. He was convicted of one misdemeanor, which he plans to appeal, Tacopina said.

   Monserrate would have been expelled immediately if he were convicted of a felony, as per the state constitution. Tacopina said the Senate’s 53-8 vote to remove Monserrate from office was an “end run” around state law, which acknowledges that there are vast differences in misdemeanor and felony convictions, he said.

   Monserrate and his lawyers are planning a noon media conference in New York City tomorrow on the lawsuit.

 

 

 

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4 Responses to “Weather holds up senator’s lawsuit over ouster”

1. smartporpoise February 10th, 2010 at 6:31 pm

   You would assume that you wouldn’t want to belong to a club whose members didn’t want you. This guy, and Roland Burris from Illinois, bread the mold.

2. VJ Machiavelli February 12th, 2010 at 1:32 am

   This lawsuit is going to cost the “taxpayers” Millions of dollars, and how is Monserrate paying for his attorneys ?

   Before there was the “Oracle at Delphi” there was

   Count Vampire J. Machiavelli

   VJ Machiavelli

   No More Schumer
   No More Pelosi
   No More Rangel
   No More Engel and his Million Dollar Home in Maryland
   No More Arthur Finkelstein & Co, and
   No StinkingTerrorists in NYC, send them to Washington DC
   Memo to NYGOP Draft Sarah Palin for Senator

3. ed1 February 13th, 2010 at 1:00 am

   This State (along with the cities) must have five thousand lawyers on the payroll drinking coffee, and every time something comes up that requires a modicum of intelligence to defend, they hire outside counsel.

4. peter March 3rd, 2010 at 5:06 pm

   Usually i just skim through these blogs and only read ones that jump out at me and yours did. thanks for it – it is actually a real good read1 do you have a subcribe area so i can link to it to read again another day/ let me know – thanks.

   peter