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Sunday, March 21, 2010

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As the Senate reels, Espada says he gets 2 votes

NEWS ALBANY BUREAU

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ALBANY—Sen. Pedro Espada, the dissident Bronx Democrat in charge of the deadlocked Senate, is insisting that he can count himself twice to get a quorum to start passing bills.

At the same time, he is contending that an investigation into his finances by prosecutors is payback for cozying with Republicans to take over the Senate.

Meanwhile, allegations were flying that former Senate Majority Leader Malcolm A. Smith of Queens directed state money to a school attended by, in Espada’s words, Smith’s “out-of-wedlock child.”

And all day Wednesday, eyes were on a Senate door waiting for an on-again, off-again Democrat to jump back to the GOP side for just a brief time to start getting bills passed.

So went another truly weird day at the Capitol.

In the end, there was no Senate session, and the sides appear distant in their quest to reach a power-sharing deal.

By nightfall, Senate Republicans offered their ideas for solving the situation. At the heart of it: Espada, a Democrat, and Sen. Dean G. Skelos of Long Island, a Republican, who were last week’s coup leaders that wrested control from the Democrats, would remain in power until Dec. 31, 2010, holding vast sway over key operations of the Senate. Skelos called the demand “a necessity” for a deal.

Earlier in the day, the Democrats’ leader, Sen. John L. Sampson of Brooklyn, bristled. “Based upon those conditions, I guess there won’t be a discussion,” he said.

But there were talks Wednesday night. Sampson emerged to say Democrats would consider the GOP plan. Privately, Democrats said the plan was dead on arrival.

The Espada-and GOP-led Senate went into session again, and again failed to have a quorum in a house now divided at 31-31. But Republicans said Sen. Hiram Monserrate, a Queens Democrat who joined the coup and then went back to the Democrats on Monday, told them he would come to the floor to help get a quorum so bills could be passed. But Monserrate, despite some time-dragging speeches by Republicans, never emerged.

Espada threatened to use what he says is constitutional authority to cast votes as both a senator and Senate president to get a quorum today. Democrats have boycotted the chamber since last week’s coup.

While Espada’s quorum claims are questionable, some scholars say he could have the power to cast two votes — one of them as acting lieutenant governor to break ties when, like now, the Senate is 31-31.

“That’s like asking to get a vote for every district you supposedly live in,” Austin Shafran, a Senate Democratic spokesman, said of allegations that Espada illegally lives in Westchester instead of his Senate address in the Bronx.

In the Bronx, District Attorney Robert T. Johnson also reportedly is stepping up his multipronged probe of Espada’s residency and state money that might have gone to agencies with which he is connected. Espada called it a vendetta orchestrated by Senate Democrats.

tprecious@buffnews.com


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