Court rules against Gov. Paterson appointing Ravitch
August 20, 2009 by REID J. EPSTEIN / 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 justifies anything."
Paterson named Ravitch lieutenant governor in an effort to break the state Senate stalemate brought on when an Espada-led coup against Majority Leader Malcolm Smith (D-St. Albans) left the house in a 31-31 deadlock. Espada and Skelos sued in Nassau County Supreme Court, which ruled the appointment was unconstitutional.
Espada returned to the Democratic caucus after the Ravitch appointment.
Paterson's attorneys argued the state's public officers law allows governors to fill vacant offices when there is no other specific method to do so.
But after dismissing Paterson's claims that Skelos and Espada didn't have legal standing to bring the lawsuit, the four-judge panel clearly rejected that position.
"The Governor's purported appointment of Mr. Ravitch was unlawful because 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 said.