Judge refuses to act in N.Y. Senate fight

ALBANY, N.Y., June 16 (UPI) -- A state judge Tuesday refused to overturn the Republican takeover of the New York State Senate, but told the politicians to come up with a deadlock resolution.

Republicans convened a session of the Senate Tuesday, but only 31 members showed up, not enough for a quorum, The New York Times reported.

The Times said Senate business has been in gridlock since last week when two renegade Democrats joined with Republicans to give the GOP control, 32-30.

But also last week one of the Democrats switched back, giving the parties a 31-31 tie.

That left Sen. Pedro Espada Jr., a Bronx Democrat who crossed party lines last week, as the Republican president of the Senate, and the Democrats went to court.

Justice Thomas J. McNamara of the state Supreme Court rejected the Democrats' case and their request for a stay.

"A judicially imposed resolution would be an improvident intrusion into the internal workings of a co-equal branch of government," the Times quoted McNamara as saying. "Go across the street and resolve this for the people of New York."

Democrats said they would not appeal.