Governor David A. Paterson lacks the authority to handpick a lieutenant governor, a Brooklyn appeals panel ruled yesterday, calling his appointment last month of Richard Ravitch to the post “unlawful.”

The only way to fill a vacant lieutenant governor seat is by election, a unanimous panel of the Appellate Division, Second Department, concluded in Skelos v. Paterson, 2009-06673. Justices Steven W. Fisher (See Profile), Thomas A. Dickerson (See Profile), Randall T. Eng (See Profile) and Daniel D. Angiolillo (See Profile) joined the nine-page, unsigned decision, which was issued two days after oral arguments (NYLJ, Aug. 19).

The Second Department decision appears on page 40 of the print edition of today’s Law Journal.