Court rules against Gov. Paterson appointing Ravitch

Newsday.com ^ | August 20, 2009 | REID J. EPSTEIN

[neverdem]

reid.epstein@newsday.com

Gov. David A. Paterson "simply does not have the authority" to name a lieutenant governor, a four-judge Appellate Division panel said Thursday, voiding last month's appointment of Richard Ravitch to the post.

The panel concluded that Paterson's July 8 appointment of Ravitch violated the state constitution.

"No provision of the Constitution or of any statute provides for the filling of a vacancy in the office of lieutenant governor other than by election, and only the temporary president of the Senate is authorized to perform the duties of that office during the period of the vacancy," the court stated.

Paterson told reporters he is "obviously disappointed" in the unanimous ruling and said he will appeal the decision to the state's highest court.

"I am determined," he said, "to take this to the Court of Appeals, where we all believed this case would be resolved anyway."

In the decision, which comes two days after a Brooklyn hearing on the matter, the panel cleared the way for the matter to be heard before the Court of Appeals. Court of Appeals judges will decide "in the next few days" when to schedule a hearing, court spokesman Gary Spencer said.

Senate Minority Leader Dean Skelos (R-Rockville Centre), one of the case's two plaintiffs, praised the decision and predicted it will be upheld by the Court of Appeals.

"The governor acted recklessly and unconstitutionally when he put his own political interests ahead of the public interest to appoint a Lieutenant governor," Skelos said.

The attorney for the other plaintiff, Sen. Pedro Espada Jr. (D-Bronx), called the ruling "a tour de force."

"It does seem that we won on all counts," said attorney John Ciampoli. "It is gratifying to know that the rule of law prevails despite the claims of those who argue that a crisis..."

[perfect_rovian_storm]

So sorry, you blind fool. No soup for you.