Senate Democrats In New York Head To State Supreme Court

06.12.09 | FL News Team

Senate Democrats in New York head to the state Supreme Court in Albany this morning in an attempt to wrest control of the Senate away from Republicans.  Senate Democratic Leader Malcolm Smith plans to file a preliminary injunction, calling this week's Republican take over of the New York state Senate chamber illegal.  A ruling in Smith's favor would legally declare him the Senate Majority Leader and not Republican Dean Skelos.  Meanwhile, Smith scored a legal victory late Thursday with an appellate court judge approving a temporary restraining order against Bronx State Senator Pedro Espada Junior.  Espada would be next in line as Senate President to become governor.  Democrats argue Monday's political coup makes it unclear who is the governor's rightful successor.  Republicans plan to call the state Senate back to order on Monday.