Dem senators claim majority

By The Associated Press

Thursday, January 8, 2009 12:11 AM EST

ALBANY - Democrats took control of New York's Senate for the first time in 43 years and elected the first black legislative leader in state history on Wednesday.
Sen. Malcolm Smith, a Harvard-trained Queens businessman, was elected majority leader and president pro tem of the Senate in a party-line vote. Democrats won a 32-30 majority in the Nov. 4 elections, only to see it threatened by three dissidents who said they might switch to the Republicans if they didn't get lucrative leadership posts and policy considerations they sought. A deal wasn't struck until Tuesday night.

“To the 32,” Smith said addressing his Democratic conference and emphasizing the need for unity. “To the 32, to the 32 ... history will record, you can be assured, that there were 32 people who no one else believed in, but you believed.”

The usually businesslike politician had a rare emotional moment when introducing his wife, Michelle, and their daughter, Amanda.

“Michelle,” Smith said with a faltering voice. He then paused in his acceptance speech on the Senate floor for several seconds before he choked out: “She has some understanding. It takes a lot to be the wife of a politician, and she's a very special woman ... and I love her.”

Wednesday's vote for Smith gave Democrats control of the Senate, Assembly and governor's office for the first time since the 1930s. Former Senate Majority Leader Dean Skelos, a Long Island Republican, was elected minority leader by the Republicans.

“We have reached a prophetic destiny,” said Democrat Sen. John Sampson, a black legislator from Brooklyn, referring in part to President-elect Barack Obama and Gov. David Paterson, the first black men in those roles. “And we stand on the shoulders of those who came before us.”

But unifying the Democrats came with a price, one that may have weakened Smith's control, which has traditionally been nearly absolute for majority leaders in Albany.

The challenge from within came from three renegade lawmakers who required powerful and lucrative leadership positions as well as special treatment for their policy priorities to give up the threat of siding with Republicans. The slight majority could mean rare bipartisan coalitions over the two-year session, with the Republicans able to approve a bill if they get the support of at least two Democrats.

In the end, despite a December uproar by rank-and-file Democrats over the power play, the dissidents won much of what they sought.

Under the deal announced Tuesday night, Sen. Ruben Diaz Sr. and Sen. Pedro Espada Jr., both of the Bronx, and Sen. Carl Kruger, of Brooklyn landed committee chairmanships and the stipends they carry.

“I think we'll be very strong. We're over the hump now,” said Sen. Eric Schneiderman of New York City, who has worked to bring Democrats into the majority since he was first elected in 1999. “We're more united than ever.”

“I'm satisfied,” said Diaz, repeating his answer to reporters since the deal was struck with Smith. But when asked if he will likely vote with the Democrats on most issues, he paused, smiled, and said: “It depends on the issue.”

Another uncertainty for the Democratic majority is one of the original so-called gang of four - Sen. Hiram Monserrate of Queens. He has been made chairman of the Consumer Protection Committee with a stipend of about $12,500 on top of the nearly $90,000 base salary. But Monserrate, a former New York City councilman, is accused of slashing his girlfriend's face with a broken glass and faces a felony assault charge.

Republicans could also benefit from the lack of a lieutenant governor, who under the constitution can break at least some ties in the Senate. But the last lieutenant governor was Paterson, who became governor last year upon Eliot Spitzer's resignation. Another lieutenant governor won't be in place until after the 2010 elections.

The GOP's role and power in the coming session were on the minds of several Republican senators, apparently including Sen. Carl Marcellino of Long Island when attendance was taken and most lawmakers shouted, “Here!” and “Present!”

Marcellino shouted: “Still here!”

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