The state Senate seat of Hiram Monserrate, who was voted out of office last week for recklessly assaulting his girlfriend, will remain vacant for the time being. After a hearing Thursday, Southern District Judge William H. Pauley declined to issue a temporary restraining order staying the expulsion of the Queens Democrat and a March 16 special election to pick his successor. Noting that the Senate was not in session and that Mr. Monsererrate’s staff still was being paid, Judge Pauley scheduled a hearing on a preliminary injunction for Thursday. The judge is expected to rule on the preliminary injunction before the Senate reconvenes on Feb. 22.
In his federal civil rights lawsuit filed Thursday (See Complaint), Mr. Monserrate argues his ouster violated his due process rights and the voting rights of six named residents of his Queens district. He alleges the Senate lacked legal authority to take the action, which was in “retaliation” for his involvement in a political coup that grid-locked Albany last year (NYLJ, July 8, 2009).
