State Senate says they have votes to keep gov't open

ALBANY - New York's government will not shut down Tuesday, State Senate officials vowed Sunday, saying they had the votes to approve required spending.

Senate Democratic leaders Malcolm Smith of St. Albans and John Sampson of Brooklyn each insisted the party's 32 senators will back the emergency spending bills needed to keep Albany running in the absence of a budget. Last week, two Bronx Democrats had threatened to vote "no" Monday and Sen. Ruben Diaz Sr. said Sunday night he hadn't changed his position.

Democrats only have a one-seat edge over Republicans in the upper chamber. For the past month, all 32 Democrats have been needed to pass the bills. However, two GOP senators from the Albany suburbs said Friday they too would vote "yes" to keep government operating.

"We are not going to shut down government and risk the safety and livelihood of millions of New Yorkers," said Austin Shafran, a spokesman for Senate Democrats.

If there is a tie in the 62-member Senate, it cannot be broken by the lieutenant governor. In the 150-member Assembly, the bills are expected to pass easily.