State's high court affirms Ravitch appointment
New York State now has a lieutenant governor.
The state Court of Appeals (New York's highest court) ruled today that David Paterson did have the authority to appoint Richard Ravitch to the vacant job.
Writes Chief Judge Jonathan Lippman in the 4-3 majority decision:
The issue on this appeal is whether the Governor of the State of New York has the authority to fill a vacancy in the office of Lieutenant-Governor by appointment. We now hold that he does.
The decision goes on to argue that the post of lieutenant governor falls under "a catch-all" provision of state law that allows the governor to make appointments for positions that don't otherwise have rules laid out for their replacement (lieutenant governor being one of these jobs).
From the dissent, written by Judge Eugene Pigott:
Under the majority's rationale, the possibility exists that the citizens of this State will one day find themselves governed by a person who has never been subjected to scrutiny by the electorate, and who could in turn appoint his or her own unelected Lieutenant-Governor.
photo: ny.gov
Say Something!
We'd really like you to take part in the conversation here at All Over Albany. But we do have a few rules here. Don't worry, they're easy. The first: be kind. The second: treat everyone else with the same respect you'd like to see in return. Cool? Great, post away. Comments are moderated so it might take a little while for your comment to show up. Thanks for being patient.
Comments
Coup!!!
... said abby on Sep 22, 2009 at 10:10 AM | link
Hey, Judge Pigott, Gerald Ford is on line one.
... said bb on Sep 22, 2009 at 10:25 AM | link
Dear Judge Pigott,
The fact that that a law is poorly written or has consequences with which you do not agree, does not invalidate it. Should the people of NY determine they are unhappy with such a situation, they do have the power to change that law, both through their elected officials as well as through the calling of a Constitutional Convention.
If you thought the recent Senate deadlock was entertaining, think about what a NY Constitutional Convention would be like. GAK!
... said komradebob on Sep 22, 2009 at 10:40 AM | link
@bb Good one!
... said BobF on Sep 22, 2009 at 11:17 AM | link
"Write It When I'm Gone" Thomas DeFrank was given virtually complete access to Gerald Ford's life for over 30 years. Proviso was the title of this biography published in 2007. So much more - and very positive - of Gerald Ford presented than the stumbles etc.
... said TM on Sep 22, 2009 at 1:21 PM | link