According to New York Magazine, Governor Paterson is being urged to appoint a Lieutenant Governor in order to break the stalemate in Albany.
Supporters of this plan, which Paterson is said to be eyeing, say that combined with a relevant section of the state constitution, the wording clearly gives Paterson the power to make an appointment and break the stalemate. They anticipate a legal challenge from both Democrats and Republicans, neither of whom will likely be amenable to this, as it would amount to a loss to Paterson, among other things. But advocates say the court process would likely be speedy and that the governor would be “on very solid legal ground.”
When Attorney General Andrew Cuomo got wind of the idea he put in his two cents, saying such a move would be unconstitutional.
His office released a letter today arguing that the portion of the state constitution cited by Gianaris and his fellows actually bars Paterson from choosing a replacement lieutenant governor. “The Legislature did not authorize a Governor to bypass this provision of the Constitution and fill a vacancy in the Office of Lieutenant Governor pursuant to Public Officers Law,” Cuomo said, in his finest legalese.
With an election right around the corner, and Cuomo eyeing the job of governor, Cuomo certainly has a conflict of interest. But when has that ever stopped a politician?
In the mean time, at they request of Governor Paterson, New York Comptroller Thomas DiNapoli has asked the Supreme Court in Albany to withhold the pay of the senators until they work out a compromise and get back to work. That’s probably the surest way to settle the matter. Will Cuomo declare that unconstitutional as well, lest it elevate Paterson’s approval ratings?
