Smith v. Espada - Coverage and Materials [Updated 6.15.09]

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One June 11th, 2009, Senator Malcolm A. Smith filed a lawsuit to enjoin Senator Pedro Espada from carrying out the functions of the Temporary Senate President.

Coverage of the proceedings can be found here and here. (Please add comments with more links.)

On Thursday morning, a judge of the Supreme Court allowed the lawsuit to go forward, but did not issue the Temporary Restraining Order (TRO) sought by Senator Smith. The memorandom of law presented by plaintiff Senator Smith's counsel this morning can be found here.

Thursday afternoon, a justice of the Appellate Division, Third Department did issue a TRO sought by Senator Smith.  A copy of the TRO issued this afternoon is available here.

On June 12, 2009, Justice Thomas McNamara of the Supreme Court, Albany County heard proceedings in the case, received papers from Senator Espada and scheduled the matter for a hearing in his courtroom on Monday, June 15 at 9:30 AM.

Copies of papers submitted by Senator Espada's counsel are available here.

The TRO issued on Thursday remains in effect until further action by Justice McNamara.

UPDATE 6.15.09

Papers submitted by Senator Smith's counsel in opposition to defendant Senator Pedro Espada's motion to dismiss can be found here.

Papers submitted by Senator Espada's counsel as reply submission can be found here.

Image caption: Lawyers from both sides assembled at the Supreme Court in Albany County Courthouse on Friday, June 12th, 2009.

Your Comments

refusal to work

I think we should demand a special election and replace each and every senator taking part in this fiasco - Dems and Repubs alike!

Refuse to work

I can not believe grown adults are fighting over who is "IT".  So if you are not "IT", you take your toys and go home.  It is amazing how you expect to still be paid for doing nothing.  Put your pride aside senators, and get your butts back to work!!!!!  Keep in mind Re-Election isn't THAT far away!!!!  The rest of New York is WORKING FOR THEIR PAYCHECKS!!!!!!!

refusal to work

As a taxpayer it is my opinion that all sentors should have their pay docked for the time that they involved in this petty finght and not working for me, and other taxpaers, as they should.  No other employer would stand for this type of [in]action.