ALBANY — A rogue Queens Democrat who last week flipped sides to help Republicans take control of the State Senate has now flipped back back to the Democrats —
creating an historic, gridlock-producing 31-31 tie in the 62-member house.
Because there is no lieutenant governor — David A. Paterson was elevated last year following disgraced former Gov. Eliot Spitzer's departure — no one is quite certain how, or even if, dozens of must-do bills will get passed in the coming weeks.
The situation has created a constitutional crisis in which the Legislature is effectively shut down from approving new bills just a week before the scheduled end of the 2009 session.
Sen. Hiram Monserrate, a Queens Democrat, said today he has returned to the Democratic conference he bolted from last week.
"We've got to take back the Senate," said Monserrate as he stood next to his fellow Democrats this afternoon. Only a week ago, he stood in the back of the Senate chamber and voted for the GOP takeover.
"This conference today is more unified than ever," Monserrate said.
Depending on the outcome of a pending court case over whether the leaders backed by the Republicans or Democrats are in control, the Democrats agreed to keep Sen. Malcolm Smith as the president and majority leader of the Senate. That's because, with a 31-31 tie, he cannot be replaced since it takes 32 votes of the Senate to elect a Senate president.
In effect, if the Democrats win their court case, Smith will be leader in name only. In his place serving as leader of the Democratic conference in a chief executive officer-type position is Sen. John Sampson, a Brooklyn Democrat.