Court ruling OKs pick: Paterson’s appointment of Ravitch as lieutenant governor is upheld

By Rick Karlin ports that President wants him September 23, 2009 to step aside in the 2010 gubernatorial race. “Today’s decision by the Court of Appeals ... is a victory for all New Yorkers,” Paterson ALBANY — The state Court of Appeals on said. Tuesday upheld Gov. ’s right to appoint Richard Ravitch as lieutenant gover- Skelos struck a warning tone in his own nor, handing the governor a badly needed vic- statement, reiterating his lawyer’s scenario — tory — as well as a new source of speculation repeated in the dissenting judges’ opinion — about his future. that the court’s action paves the way for an unelected governor to name his own lieutenant The 4-3 vote overturned lower court deci- and then step down, circumventing the public sions that sided with Senate Republican Leader and the legislature entirely. , whose legal team argued that the governor had overstepped his powers with the “The court’s decision to allow the state’s appointment. highest offices to be filled with no accountabil- ity whatsoever to the public or to their elected The majority included the court’s three representatives in the Legislature is dangerous Democratic-appointed justices — Chief Judge to democracy,” Skelos said. Jonathan Lippman, Theodore Jones and Carmen Ciparick — as well as Susan Read, one Skelos filed suit after Paterson appointed of four justices appointed by former Gov. Ravitch on July 8, just before the conclusion of , a Republican. the five-week Senate coup crisis. Since his ap- pointment in July, Ravitch has been advising Read has “consistently supported a strong the governor on financial issues; Paterson executive vis-à-vis the Legislature,” said Rob- could use an ally as he prepares to wrestle with ert Ward, deputy director at the Rockefeller In- the Legislature in efforts to balance a predicted stitute, a government research group. $2.1 billion deficit. During oral arguments on Sept. 11, Read The next skirmish in that fight takes place questioned attorneys on whether Skelos had today, when the governor and legislative lead- sufficient legal standing to bring his challenge. ers will sit down for a public leaders meeting at The other justices appointed by Pataki — the Capitol. In a telephone news conference Robert Smith, Eugene Piggott Jr. and Victoria Tuesday afternoon, Ravitch said he plans to be Graffeo — argued against the legality of on hand for that meeting, and was eager to Ravitch’s appointment. work on the budget. The decision comes as Paterson has been The court’s decision also sparked specula- battered by public opinion polls and recent re- tion that Ravitch, 76, was put in place to take over if the governor were to step down. Ravitch

1 dismissed questions about the possibility that he would take over for Paterson as “silly.” How they voted “His intention is to run for election,” The state Court of Appeals upheld the Ravitch said, “and if he does I’m sure he’ll suc- legality of Gov. David Paterson’s appoint- ceed.” ment of Richard Ravitch as lieutenant gover- Dismal poll numbers have placed Paterson nor. Here’s a breakdown of the 4-3 vote and under pressure from fellow Democrats who other key facts: want him to step aside and let Attorney General l Voting to uphold the appointment: Chief run for governor next year. Judge Jonathan Lippman, Justice Theo- Cuomo, who enjoys high poll rankings, hasn’t dore Jones, Justice Carmen Ciparick, Jus- formally announced his intentions. Before the tice Susan Read governor made the appointment in early July, Cuomo said he did not believe that Paterson l Voting against: Justice Robert Smith, Jus- had the right to appoint a lieutenant governor. tice Eugene Piggott Jr., Justice Victoria Graffeo Ravitch, an Obama delegate to the 2008 Democratic National Convention, said he was l Unelected officials: With the ruling, New “mystified” by talk about the President wanting York state will have four key officials Paterson to bow out. who were not elected by the public. In A business executive and longtime public addition to Paterson and Ravitch, U.S. figure, Ravitch is credited with rescuing the Ur- Sen. and state Comp- ban Development Corp. from near-insolvency troller Thomas DiNapoli were ap- in the 1970s and, a decade later, modernizing pointed. the Metropolitan Transit Authority. He also l Notable: Lippman, who wrote the deci- spent three years as the chief labor negotiator sion, was a childhood friend of Assembly for . Speaker Sheldon Silver, D-. “Does Ravitch give the veneer of good gov- ernment to whatever the governor decides? It may well be,” said Democratic consultant Hank the line of succession to Paterson. While Sheinkopf. Monserrate and Espada ultimately returned to Sheinkopf noted that Ravitch’s ties to the the Democratic fold, the episode illustrated the construction and real estate industries could instability of the party’s grip on power in a help Paterson with fundraising. Obama’s recent chamber split 32-30. moves are likely to make many traditional The lieutenant governor can serve as a tie- Democratic donors more hesitant to support breaker in nonlegislative votes such as leader- Paterson. ship resolutions, giving Democrats an extra The court ruling brings a measure of stabil- margin of comfort in case others from their con- ity to a Senate rocked by infighting among ference are considering defection. Democrats in the aftermath of the five-week Ravitch said he was well aware of his stalemate earlier this summer. unelected status, and stressed he would focus That began in June when two renegade on helping to solve the budget problem rather Democrats, Pedro Espada Jr. and Hiram than delve into legislation. Monserrate, switched sides and joined Republi- Referring to Paterson’s call that next year’s cans in a coup against Democratic leaders. The spending growth should be limited to 2 per- GOP installed Espada as the Senate’s temporary cent, Ravitch said that “everything is on the ta- president, which would have put him next in ble” — including education and health care.

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