Judge Grants Smith's Request (Updated)
June 11th, 2009
Sen. Malcolm Smith just got the first piece of good news he has had in long time. An appellate court judge in Kingston has issued a temporary restraining order barring Sen. Pedro Espada from functioning as the Senate’s president pro tempore. More specifically, should something happen to Gov. David Paterson, or if he should leave the state,† Espada will not be allowed to act as governor.
Those worried about Paterson’s health can breathe easy tonight.
However, the order will only stand until an Albany County Supreme Court Judge weighs in and that could happen at a hearing† scheduled to happen tomorrow morning. Republicans and Espada’s staff have been very confident that they are on solid legal ground. Liz Benjamin has more.By David King on June 11, 2009, 5:00 pm
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