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2009 New York State Senate leadership crisis information


2009 New York State Senate leadership crisis
Hiram Monserrate and Malcolm Smith during the crisis
DateJune 8 – July 9, 2009 (2009-06-08 – 2009-07-09)
LocationAlbany, New York
Cause
  • Hiram Monserrate and Pedro Espada Jr. joining Republicans to oust Leader Malcolm Smith
  • Resignation of Eliot Spitzer
OutcomeSmith remains leader. Richard Ravitch becomes Lieutentant Governor
The New York State Capitol

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 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 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 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 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.

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