The ranking Republican member of the New York Senate Judiciary Committee filed a lawsuit Thursday in a Suffolk County trial court against Democrats to force the confirmation vote for Judge Hector LaSalle's nomination for chief judge onto the full 63-member Senate, where Democrats hold a supermajority.

The committee, by a 10-9 margin, rejected LaSalle's nomination on Jan. 18.

"It cannot be the case that a small subset of senators can determine the next Chief Judge of the Court of Appeals, particularly where the size of the Judiciary Committee is a matter of Senate rules rather than any statutory or constitutional obligations," the lawsuit filed on behalf of Sen. Anthony Palumbo, R-Brookhaven, by attorney James M. Catterson of Pillsbury Winthrop Shaw Pittman LLP, read.

Catterson is a former justice of the Appellate Division, First Department.

"The New York State Constitution is clear, Judicial nominations must be considered before the full State Senate," Palumbo said. "As such, the Judiciary Committee, no matter its size, serves only as an advisory body, providing 'advice and consent' to the entire Senate Membership.  Justice LaSalle is entitled to an up or down vote by the full State Senate, not as a courtesy, but because the Constitution requires it."

Gov. Kathy Hochul, a Democrat who nominated LaSalle on Dec. 22, has also been contemplating legal action to force a Senate vote. Her office declined to comment about Palumbo's lawsuit on Thursday.

Palumbo is a former assistant district attorney in Suffolk County.

The action notes that "the urgency of this matter is evident, given the constitutional prescription of seven judges of the Court of Appeals and the New York State Senate's constitutional and statutory obligations."

The state's highest court is seeking a replacement for retired Chief Judge Janet DiFiore, who is referenced in the lawsuit as having "retired under the cloud of an ethics investigation." She left office on Aug. 31.

As of the committee's narrow vote, LaSalle's nomination has neither been confirmed nor rejected in accordance with the procedures required by the New York State Constitution, Judiciary Law and Public Officers Law, the lawsuit argues.

"To date, the Clerk of the Court of Appeals has not issued a certificate of vacancy, and, consequently, there is a clear and immediate controversy causing uncertainty and instability at the highest level of the New York State court system," the lawsuit reads.

"It is axiomatic that a six-member Court is prone to, and inevitably will result in, deadlock," the legal action states. "Such deadlock requires a seventh justice to be vouched from the Appellate Division in by Acting Chief Judge Anthony Cannataro, which would both give Judge Cannataro— or any acting Chief Judge—undue influence in the outcome of the cases and potentially require litigants to reargue any such deadlocked cases."

In a statement, the New York County Lawyers Association issued a statement in support of Palumbo's lawsuit.

"As our prior statements have pointed out and as the complaint in the case alleges, the New York State legislature violated New York constitutional and statutory law when it stacked the deck against the appointment of Héctor LaSalle for Chief Judge of the New York State courts," the association's statement read.

"The New York State constitution makes clear that the confirmation process must be conducted by the entire New York State Senate, not just by a manipulated committee of the Senate," said NYCLA, which indicated it is considering "any steps necessary to support this and any other litigation that may be filed in support of advancing Justice LaSalle's nomination in the manner our constitution requires."

The lawsuit was said to have not been in coordination with Hochul's office.

Sen. Brad Hoylman-Sigal, D-Manhattan, chairman of the judiciary committee, and the other nine Democrats who voted against advancing LaSalle's nomination, were listed as co-defendants. It also names the New York State Senate and Majority Leader Andrew Stewart-Cousins, D-Yonkers.