Governor David A. Paterson can appoint a lieutenant governor, the New York Appeals Court ruled. (Nathaniel Brooks/Getty Images)
The New York Court of Appeals voted 4 to 3 that the governor "has the authority to fill a vacancy in the office of lieutenant-governor by appointment," the ruling said.
The decision comes amid reports that President Barack Obama has urged Paterson not to seek election in next year's gubernatorial race for fear that he cannot recover from a series of political setbacks with his poll numbers running near record lows.
State courts had ruled against Paterson in the case brought by Senate Republicans and a dissident Senate Democrat, following a month-long leadership dispute earlier this year.
The Senate came to a standstill on June 8 when Republicans tried to recapture control of the chamber they had run for 40 years until last November's elections by persuading two dissident Democrats to support them.
One of the Democrats subsequently returned to his party, leaving the upper house evenly divided 31 votes to 31 and creating the conditions for a month-long impasse that delayed the passage of key bills.
On July 8, Paterson surprised lawmakers with the announcement that he was appointing Richard Ravitch, a former chairman of the state public transit system and veteran of New York public life, as lieutenant governor.
Under the state constitution, the lieutenant governor has the power to cast tie-breaking votes and Paterson hoped the appointment would put pressure on the Senate to end the stalemate.
But Republicans challenged the appointment in a case that has worked its way through the courts and limited Ravitch's ability to perform his duties.
Paterson, who himself became governor from his position as lieutenant governor under Eliot Spitzer, has said he is running for office, despite the reports that the Obama administration is concerned he could drag down New York's Democratic members of Congress and the Democratic-controlled state legislature.
The ruling is from the New York Court of Appeals in Dean G. Skelos et al, vs. David Paterson et al, No. 183.
