In a move that was surprising with respect to its timing, but not so much the outcome, Senate Democrats moved the governor’s nomination of Judge Hector LaSalle for chief judge of New York onto the full Senate on Wednesday, where it was rejected by a 39-20 margin.

The leader of Senate Republicans bemoaned the vote being taken while four senators were absent, including two Democrats and a Republican who were poised to vote in favor of LaSalle. However, it wouldn’t have affected the outcome. Democrats hold a 42-21 advantage in the chamber.