Less than six months before he leaves office as the state's 55th governor, "legacy" talk

may seem a little early for David A. Paterson.

But after forcing the Legislature to adopt one of the most difficult budgets in the state's

history, Paterson's unprecedented approach might form the basis of how he is remembered. The

"accidental governor" started flexing powers he always possessed and essentially got his

budget — after a three-month stalemate.

Some say the "sloppy" process left many loose ends. Spending increased, and new taxes and

fees were added. But he cut spending in many areas and so far avoided the borrowing that some

had proposed.

He also bulked up gubernatorial muscle in a way that may change the state's dysfunctional

budget process.

"This may result in a significant extension of the governor's power," said Peter J. Galie,

political science professor at Canisius College and a state government expert. "Unless the

Legislature comes together, they're pretty much at his mercy."

Paterson found a way to change the ways of Albany, added E.J. McMahon, executive director

of the conservative Empire Center for State Policy.

"We've been reminded of the way it's supposed to be run," he said. "If David Paterson can

do it, "

After barely surviving charges of ethics violations last spring and eventually opting

against running for a full term, Paterson entered the budget process as the lamest of lame

ducks. The traditional method of negotiating with Senate and Assembly leaders was again

failing, as it had for decades.

But everything changed when his team submitted a budget "extender" with an attachment

designed to keep open the state parks he had threatened to close.

When that worked, he and Budget Director Robert Megna did it again.

"I said, 'Let's do it with the health care legislation — about $750 million,'"

Paterson said in a telephone interview with The Buffalo News. "Then they said, 'Let's just

keep going.'"

After 12 similar actions, the budget Paterson wanted was mostly completed last week, though

the important revenue estimates still must be negotiated.

By threatening a government shutdown without "extender" bills that reflected his own

priorities, Paterson was able to craft a spending plan — albeit three months late,

observers note.

"The governor found his 'mojo' and began to attach pieces of the budget to the extenders,"

said Assemblyman Robin L. Schimminger, D-Kenmore. "It is unprecedented, and potentially, an

extremely significant new approach."

But a major question surrounding Paterson's tactics stems from his lame duck status. Could

a governor dealing with normal re-election politics threaten government shutdowns and survive?

Paterson acknowledges finding new freedom after announcing he would not seek a full term.

But even as a candidate, he said he had resolved to pare down the budget as much as he could.

"Even if I lost, it would be remembered that I did it that way," he said. "Could have I

gotten away with it in this fashion? Even if I did it, it would have been characterized as

political posturing. Sometimes your responsibility is greater when you know you are leaving

because this is your last opportunity."

Not everyone is enamored with the idea that Paterson has set a precedent for future

governors, including Schimminger.

"Consider the possibility of the governor who decides that what is needed is a massive

increase in the state income tax and attaches it to an extender," he said.

And just about everyone agrees that Paterson's lame duck status means he does not have to

explain himself to the voters this fall.

"One has to conclude it would have been worse if he was running and had to appeal to the

usual Democratic interest groups," McMahon said.

Still, Paterson has left the perception that he has changed basic rules of the budget game.

McMahon, who suggested in a March 3 op-ed piece for the New York Post that Paterson follow the

course he did, noted that former Gov. Mario M. Cuomo and his successors had allowed budget

negotiations to "drift" into the stalling pattern that has become the norm.

But the Paterson approach sheds new light, he said, on the concept that the governor

proposes a budget, the Legislature amends it and then the governor reacts with vetoes.

"One salutatory effect is that we've all been reminded about how this budget process

works," McMahon said. "That's a positive legacy."

The lesson of the entire episode is to avoid the need for such action in the first place,

said State Sen. Dale M. Volker, R-Depew, a 38-year veteran of Albany.

"This is a warning to both Democrats and Republicans," he said. "Next year you had better

concentrate early on negotiations."

Even more crippling budget deficits are projected for next year, McMahon noted, adding that

Paterson's precedent is not the answer for the gridlock that often seizes the State Capitol.

"We need better policies and stronger leadership," McMahon said. "But this is a foundation

for progress on this point."

Paterson says he recognizes the precedent that may have been set and thinks it was

enormously helpful that State Attorney General Andrew M. Cuomo — the Democratic nominee

for governor who leads in all polls — was encouraging. He also noted that Republican

hopeful Rick Lazio supported his actions.

"My view is that this fight about power is fine when it's just about legislative issues,"

Paterson said. "But when you have an entire reign as governor in economic crisis, as I have,

you have to expand the executive authority of the governor. If you don't, you visit this same

problem year after year."

The governor noted that he was in a parade with Cuomo last weekend when the attorney

general "poked me in the ribs" and encouraged him to stay on the same path.

"I said, 'Yes sir,'" Paterson said.