Original Article

After a week of vacation, dysfunction is back in the Senate.

On the second session day since Hiram Monserrate was ousted, Democrats and Republicans just argued on the floor about how many votes are needed to confirm gubernatorial appointments.

The Democrats say a majority of the members in the chamber will do it. Republicans argue 32 votes are still needed to pass anything and have privately told DN Albany reporter Glenn Blain they may go to court to strike down the confirmations of former city public advocate Betsy Gotbaum to the parole board and Charles Diamond, a former aide to retired Rep. Michael McNulty, to the Racing and Wagering Board.

Both were just confirmed by tallies of 31-28. Republicans say they targeted those two nominations because they were denied by the Democrats more time to vet them.

"This is pure arrogance. It's the arrogance of unbridled power," Senate GOP Minority Leader Dean Skelos told Blain.

Skelos said no decision has been made whether to go to court.

Sen. Frank Padavan (R-Queens) argued on the floor the confirmation votes failed because there were only 31 votes in support.

But presiding officer Sen. Neil Breslin, who also presided the day of the Republican-led coup last summer, said the Senate rules are silent on how many votes are needed for gubernatorial nomination resolutions. Breslin, citing Mason’s manual of legislative procedure, said that without express rules, all that is required is a majority of the senators in the chamber.

The state Constitution says that in order for a bill to pass, there must be a majority vote of the members elected to each branch of the Legislature. But the Democrats argue the requirement does not cover resolutions for gubernatorial appointments.

A number of other appointments were confirmed without incident.