Early Wednesday evening, Governor David Paterson took the bold step of appointing former Metropolitan Transportation Authority chairman, Richard Ravitch, as Lieutenant Governor.
New York has not had a Lieutenant Governor since March of last year, when Paterson took over the office after Governor Eliot Spitzer stepped down amidst a prostitution scandal.
With a Lieutenant Governor in place, a possible break to the State Senate deadlock could be revealed, where Ravitch would be able to preside over the chamber and break any tied votes.
This choice is not without controversy, however. Dissident Democratic Senator Pedro Espada pledged earlier Wednesday that he would go to court if such a choice was made by Paterson.
When the idea of appointing a Lieutenant Governor was thrown around earlier this week, Republicans argued that the move would be illegal, saying that the New York State Constitution does not allow such a move.
Attorney General Andrew Cuomo even chimed in this week, saying, "We understand the apparent political convenience of the proponents' theory due to current Senate circumstances. In our view, however, it is not constitutional."
Moments after the announcement from Paterson came the response from Republican leader Senator Dean Skelos, who laid blame for the state's economic troubles with the Paterson.
"Once again, the Governor has put his political career ahead of you, the public," he said in his response.
Skelos focused on what he called the "real crisis" in New York - the state's budget and higher taxes. He also spoke of an ongoing bipartisan agreement in progress that would soon "change the way the Senate operates, hopefully forever."
"The days of powerful leaders controlling everything are done," he said said.
The Attorney General and Senate Republicans are not the only one who thinks this is unconstitutional. Despite what the Governor said, a great many legal experts say the Paterson has no constitutional authority to do this.
Professor Patricia Salkin of Albany Law School, an expert on the state constitution said Wednesday afternoon that she expects legal challenges and cannot understand how the Governor believes that he can do this.
Salkin told NEWS10, "It's also a little peculiar that the Governor would believe that he has authority to do this when all of the other separately elected positions, when they are vacant, the legislature gets to decide, as we recently saw with the state Comptroller."
Current Comptroller Thomas DiNapoli was elected to his position by the legislature in 2007, following the 2006 resignation of Alan Hevesi. Also, in 1993, Carl McCall was elected Comptroller by the legislature following the resignation of then-Comptroller Edward Regan.
There is no language in the New York State Constitution that provides for, or prohibits, the Governor from making an appointment, but there is language for a line of succession. Should the Governor depart for one reason or another, it goes to the Lieutenant Governor, the President Pro Tempore of the Senate, the Assembly Speaker and so on down the line. Salkin says that language would not be in the State Constitution if Paterson had the power to appoint a Lieutenant Governor, as it would not be needed.
Paterson said in his Wednesday address, "The State Constitution gives me the explicit power of appointment in cases of vacancies of office. There is nothing in the constitution, or the law, that says that I cannot fill the vacant post of Lieutenant Governor."
Early supporters of the Lieutenant Governor appointment cited an 1892 law that provides the Governor with the ability to select people to fill vacancies, but Salkin contends that this law was really only meant for lesser posts.
She added that since the passage of the law, New York has had numerous such vacancies, but no Governor has made an appointment such as Paterson did Wednesday.
Paterson's choice, Ravitch, is a 76-year-old lawyer who most recently was tapped to help bail out the MTA, where he once served as chairman from 1979 to 1983. During the 1994 Major League Baseball strike, Ravitch was one of the chief negotiators for baseball owners.
He has never been elected to office, but he did unsuccessfully seek the Democratic nomination for New York City Mayor in 1989.
In his address, the Governor assured that Ravitch will only serve through 2010, the end of Paterson's term.
Meanwhile, the State Senate gaveled in and out once again on Wednesday. Democrats have said they will attent the extraordinary session Thursday in an effort to pass all the backed-up bills.
Skelos, however, says members of his party will convene and then likely leave.
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