Is there a lieutenant governor in the house? Maybe.
Lawyers for Gov. David Paterson, as well the opposition, were scheduled to meet last week in Nassau County Supreme Court to decide whether Paterson is going to keep his second-in-line. While the temporary restraining order filed after Richard Ravitch”™s swearing in was vacated, the underlying constitutionality of Paterson”™s decision was to be decided. Legal insiders speculated an appeal was a given, no matter what the outcome.Â
Paterson”™s choice of Ravitch, who crafted the MTA “mobility tax,” is controversial in mid-Hudson counties where MTA services are minimal; yet every employer, whether for-profit or nonprofit, sole proprietor or Fortune 500 company, will pay 34 cents on every $100 of payroll toward balancing the MTA”™s books. Now 75, Ravitch headed the MTA during former Gov. Hugh Carey’s tenure.  Â
Attorney General Andrew Cuomo will not represent the governor, saying on July 9 ”“ one day after Paterson appointed Ravitch and former Senate Majority Leader Dean Skelos, a Long Island Republican, filed a temporary restraining order to stop the appointment ”“ the governor”™s legal team would be comprised of Kathleen Sullivan (former dean of Stanford Law School), Richard Briffault (professor at Columbia Law School), Thomas Gleason (of Gleason, Dunn, Walsh & OShea) and Victor Kovner (former counsel to Gov. Hugh Carey).
While Sullivan claimed Article 4, Section 3 of the state Constitution gave Paterson the right to appoint someone to his former position, Cuomo differed, saying the Constitution expressly provides “the lieutenant governor shall be chosen at the same time and for the same term as the Governor. The Legislature did not authorize a governor to bypass this provision of the Constitution and fill a vacancy in the office of Lt. Governor pursuant to Public Officers Law 43.” Cuomo declined to represent the governor in the legal action.
The team told the media at a press conference on July 10 they are working for the governor “at their usual and customary fees,” but declined to say what those hourly fees were or how much time or money it would cost to mitigate the issue.
Paterson appointed Ravitch in an attempt to overcome the stalemate in the Senate, where it was evenly tied at 31-31, leaving several pieces of legislation to gather dust in a political power struggle. Ultimately, newly appointed Senate majority leader Malcolm Smith gave up his post to Pedro Espada, who had jumped to the Republican side of the aisle to create the 31-31 logjam, then jumped back to the Democratic side when offered the position of majority leader.Â
To many mid-Hudson business owners who are already receiving notices about how much the mobility tax will cost them, “The action and inaction in Albany is a slap in the face to all of us, particularly to senators who are just trying to get the people”™s business done, ” said Orange County Chamber of Commerce President John D”™Ambrosio on July 14.
Paterson issued a statement through press secretary Marissa Shorenstein on July 10 saying he believes the appointment of Ravitch will help stabilize the state”™s economy and get it on the road to recovery.
