ALBANY — In an effort to break the monthlong state Senate stalemate, Gov. Paterson last night appointed former MTA boss Richard Ravitch as lieutenant governor — and a potential tiebreaking vote.
However, by early this morning, Republicans claimed to have secured a court order suspending the move.
“We cannot allow for any further exposure to uncertainty and risk at a time of unparalleled fiscal difficulty,” Paterson said in a TV address as he announced he was naming Ravitch to his former job.
The pick “will bring the governor a successor, the Senate a presiding officer and will help to alleviate this crisis,” the governor added.
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The unprecedented action stunned the state Capitol and came even as power-sharing talks to settle the 31-31 split in the Senate had appeared near a resolution.
The appointment defied decades of accepted legal wisdom and the advice of a fellow Democrat, Attorney General Andrew Cuomo, who Monday warned such a move was “not constitutional” and a “political ploy” that could become mired in the courts. Cuomo had no comment last night.
Two previous governors — Democrat Mario Cuomo, the attorney general’s father, and Republican Malcolm Wilson — declined opportunities to make lieutenant-governor appointments after the posts became vacant, on the grounds it was not legal.
Paterson said Ravitch — who’ll serve without a salary — will be a caretaker until the end of their terms in 2010, and will not run that year.
Democrats praised the pick and vowed to attempt to pass bills today with Ravitch, a Democrat, on the Senate rostrum.
“I respect the attorney general, but, as you said, it’s an opinion,” said Sen. John Sampson of Brooklyn, the Democratic conference leader. “Great minds can differ.”
It was not precisely clear last night how Ravitch could break the deadlock.
Democrats are counting on Republicans being in the chamber since there’s a court order they attend sessions, thereby forming a quorum so business can be conducted. Ravitch could then side with the Democrats on key votes, giving them control of the chamber and the ability to pass bills.
Republicans may try to thwart that simply by not showing up.
The GOP, which claimed control of the 62-seat chamber in a June 8 coup, immediately denounced the appointment as unconstitutional and announced plans to challenge it in court.
Senate Republican Leader Dean Skelos of Long Island accused Paterson of violating his oath of office “and acting illegally and recklessly.”
Mayor Bloomberg, a frequent ally of Senate Republicans, praised Ravitch and said the constitutionality must be decided by others.
“It’s up to the courts to decide whether or not this is legal, but this gridlock in Albany is hurting the city,” Bloomberg said.
The Senate has failed to act on city-backed proposals to extend mayoral control or increase the local sales tax.
The lieutenant governor’s office has sat empty since March 2008, when Gov. Eliot Spitzer resigned amid a prostitution scandal and his lieutenant — Paterson — took over.
The vacancy has widely been blamed for the Senate deadlock, since the lieutenant governor presides over the chamber and can cast some tiebreaking votes.
Meanwhile, Yonkers Mayor Philip Amicone said his city will run out of cash by the end of next week because the Senate has failed to pass two tax bills worth $13.5 million to balance its budget.
And amid the chaos, the state Democratic Senate Campaign Committee said it is going ahead with plans for a golf and tennis fund-raiser next month.
Additional reporting by Jennifer Fermino and Carl Campanile