The state Constitution denies the governor “any explicit power to appoint” a lieutenant governor, lawyers for Senators Dean G. Skelos, R-Rockville Centre, and Pedro Espada, D-Bronx, argued in motion papers filed late yesterday seeking to declare unconstitutional last week’s appointment of Richard Ravitch as second-in-command to Governor David A. Paterson. The motion filed in Skelos and Espada v. Ravitch, 13426/09, also asks a Nassau County judge to reject a motion brought by the governor’s legal team to move the case to Albany, as the “threshold issue of whether or not the governor…acted pursuant to a statutory duty” has yet to be resolved.
Last week, Mr. Paterson’s lawyers asked Nassau Supreme Court Justice William R. LaMarca to dismiss the case as moot, since Thursday’s decision by Mr. Espada to return to the Democratic fold after a brief stint in the Republican camp ended a month-long deadlock and allowed the Senate to resume passing bills (NYLJ, July 13). The lawyers also argued that the case should have been brought in Albany, not Nassau County, Mr. Skelos’ home county. Oral argument resumes tomorrow afternoon. - Vesselin Mitev
Town Judge Censured Over Personal Small Claims Case
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