ALBANY – The state’s top court should not become the first in the nation to deny a governor the power to pick a second-in-command, a lawyer for Governor David A. Paterson suggested Friday during an unusual oral argument at the Court of Appeals in a case to resolve a constitutional clash between the legislative and executive branches.
Kathleen Sullivan, who represents Mr. Paterson in his bid to appoint Richard Ravitch as lieutenant governor, presented other states, including California, Ohio and Rhode Island, as examples of instances in which political moves have been upheld by the courts. And she argued that New York state law clearly permits them.
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