NY Senate splits 31-31, power share still sought

ALBANY, N.Y. — A dissident Democrat who helped Republicans seize power in the New York Senate a week ago has returned to the Democratic fold and declared that Democrats must retake the majority he cost them.

“We need to take back the Senate,” said Sen. Hiram Monserrate of Queens, insisting Democrats were united.

A seven-day stretch that began with a shocking parliamentary revolt orchestrated by a coalition of Republicans and the two rogue Democrats — Monserrate and Sen. Pedro Espada — resulted Monday in a 31-31 split between the Democratic conference and the uneasy coalition.

Republicans and Espada held a brief session, but no other Democrat showed up, denying a quorum.

Although there was no agreement on how to share power, Democratic Gov. David Paterson stepped in Monday to try to broker a deal. A state court that threatened to mandate a power-sharing structure, heartened by Paterson’s involvement, gave senators until Tuesday morning to agree on a way to share power.

But Republicans and Espada say the coalition created a week ago remains firmly in place, with Democrats unable to muster a 32-vote majority to undo the action.

Espada, of the Bronx, maintained Monday that he is majority leader, the Senate’s top position, because 32 senators voted for him during the takeover a week ago. Even though Monserrate has since rejoined Democrats, the party has only 31 votes, not enough to overcome what Espada says was last week’s legally binding vote.

Democrats claim the coalition’s parliamentary revolt was done after shocked Democrats hastily adjourned the session, making it invalid.

The 31-31 tie is possible in the 62-seat Senate because there is no lieutenant governor to break deadlocks. Paterson was lieutenant governor in 2008 when Gov. Eliot Spitzer resigned in disgrace amid a prostitution investigation.