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.
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.
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.