N.Y. court: Paterson lt. gov. move legal

Published: Sept. 22, 2009 at 4:30 PM

ALBANY, N.Y., Sept. 22 (UPI) -- New York Gov. David Paterson has the power to appoint a lieutenant governor, the state's highest court ruled Tuesday.

The ruling, reached in a 4-3 decision by the New York State Court of Appeals in Albany, clears the way for Paterson -- himself a former lieutenant governor who was never elected -- to resign from the office with a successor in place, The Buffalo News reported.

Paterson, a Democrat, appointed Richard Ravitch July 8 as lieutenant governor, but his constitutional authority to do so was challenged in a court by Senate Republican Leader Dean Skelos. Tuesday's ruling means Ravitch is officially lieutenant governor and would ascend to the governorship should the unpopular Paterson resign before his term ends.

The case become more urgent when U.S. President Barack Obama urged Paterson over the weekend not to run for election, the News said.

Chief Judge Jonathan Lippman, writing the majority opinion, stated: "While there can be no quarrel with the proposition that, generally, election must be the preferred means of filling vacancies in elective office, it does not follow that the elective principle is pre-eminent when it comes to filling a vacancy in the office of lieutenant governor."

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