Dem senators claim majority in new session

By The Associated Press

Tuesday, January 6, 2009 11:45 PM EST

ALBANY - State Senate Democrats said Tuesday they've unanimously chosen Sen. Malcolm Smith to lead their historic majority.
After a closed-door conference Tuesday night, Smith said he is certain he has the support to lead the 32-30 Democratic majority that won in the Nov. 4 election, securing the party's control of the Senate for the first time in 43 years.

It won't be official until Wednesday, when senators vote for their leader as the 2009 legislative session opens.

Senate Republicans couldn't be reached for comment late Tuesday, but spokesman Mark Hansen has said they will convene and vote to return Sen. Dean Skelos, of Long Island, as majority leader.

Smith, of Queens, said he has the support of three Democrats who had threatened to side with Republicans if party leaders didn't meet their demands for lucrative leadership posts and greater attention to Hispanic causes and conservative issues. He needs their support to maintain a majority.

Smith met privately with Sen. Ruben Diaz Sr. and Sen.-elect Pedro Espada Jr., both of the Bronx, and Sen. Carl Kruger, of Brooklyn.

The dissidents had struck a December deal with Smith, brokered in part by Gov. David Paterson, that gave them highly coveted leadership roles and the stipends that go with them as well as a promise to Diaz that a bill to legalize gay marriage would not reach the Senate floor.

But rank-and-file Democrats blasted the deal and Smith, forcing him to scrap the deal he thought would assure a Democratic majority.

The three dissidents were present at the press conference Tuesday night when Smith declared his anticipated victory.

Diaz said he was happy with the outcome of talks, but he declined to say if he won his fight to keep the issue of gay marriage off the Senate floor.

“I'm comfortable with whatever is going to happen,” Diaz said.

Smith wouldn't say whether he would consider giving the issue a chance on the floor.

Smith was eager to discuss reforms they have planned for the Senate, including one to give rank-and-file members the ability to sponsor and co-sponsor bills regardless of whether they belong to the majority party.

Diaz will chair the Senate Aging Committee, which comes with a $12,500 stipend.

Espada will chair the Housing, Construction and Community Development Committee for an extra $12,500 and will serve as the vice chair of the powerful Senate Rules Committee and president of the Senate for Urban Policy.

Kruger will chair the Finance Committee, which comes with a $34,000 stipend.

Wednesday's vote is complicated by an unsettled election in Queens and the lack of a lieutenant governor.

Republican Sen. Frank Padavan, of Queens, can't rejoin the Senate until the recount in his district is completed. And with Paterson, the former lieutenant governor, rising to governor upon Eliot Spitzer's resignation last year, there is no one who can break a tie in the Senate until another lieutenant governor is chosen in the 2010 elections.

Further legal battles are possible because the parties dispute whether a majority leader is chosen by a vote of the whole Senate or only by those who attend the vote.

Another complication is newly elected former Queens Councilman Hiram Monserrate, who faces felony assault charges after he was accused of slashing his girlfriend's face with a broken glass. Brooklyn Republican Sen. Martin Golden has offered up a resolution to delay Monserrate's swearing in one month until the issue is resolved. Monserrate has maintained his innocence.

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