Attorneys for Governor David A. Paterson filed a motion yesterday in the Appellate Division, Second Department, to lift a preliminary injunction imposed Tuesday by Supreme Court Justice William R. LaMarca against Mr. Paterson’s attempt to appoint Richard Ravitch as lieutenant governor. The governor’s office had promised to appeal Justice LaMarca’s decision in Skelos v. Paterson, 13426/09, which is published on page 33, as soon as it was issued Tuesday evening (NYLJ, July 22). “We are confident the appellate courts will ultimately rule in our favor,” said Peter Kauffmann, a spokesman for Mr. Paterson.
Justice LaMarca, a Democrat like the governor, rejected Mr. Paterson’s arguments in support of appointing Mr. Ravitch to the post, which has been vacant since Mr. Paterson became governor in March 2008. The judge found Public Officers Law §43, which the governor says gives him the authority to fill a vacancy in an elective position, incompatible with state Constitution provisions that a lieutenant governor must be elected by voters at the same time they pick a governor. Justice LaMarca also rejected the claim by Mr. Paterson’s attorneys that only the state attorney general is empowered to bring a suit challenging the governor’s appointment of Mr. Ravitch. Finally, the judge held that the state legislators bringing the action, Senators Dean G. Skelos, R-Rockville Centre, and Pedro Espada Jr., D-Bronx, both have standing and that Nassau County, rather than Albany County, was a proper venue for their action. — Joel Stashenko
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