By David Badertscher, PLL
Sources: New York Law Journal, June 17 2009 - Article by Joel Stashenko
New York Times, June 16, 2009 - Article by Jeremy W. Peters and Danny Hakim
New York State Senate, Newsroom: www.nysenate.gov/newsroom June 15-16,
The Democrat/Republican struggle for control of the New York State Senate continues. On June 11, 2009 Senator Malcom A. Smith filed a lawsuit to enjoin Senator Pedro Espada from carrying out functions of the temporary Senate President, He also a Memorandum of Law and Affirmations on June 14; on June 15 Senator Espada presented reply submission documents; and on June 16, 2009 Justice Thomas J. McNamera ruled in Smith v. Espada, 4912-09 that "a judicially imposed resolution would be an wholly improvident intrusion into the internal workings of a co-equal branch of government." In other words this is a "wholly internal" matter for the Senate to resolve.
Here are links to some of the documents in addition to Justice McNamera' ruling that are mentioned above:
Full post as published by New York Supreme Court Criminal Term Library on June 17, 2009 (boomark / email).
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