The Senator, George Winner of Elmira, said an investigation by Cuomo, instead of Republicans, would eliminate the notion that this is a partisan attack.

The appointment would give Cuomo the power to subpoena some of the top aides who had declined to participate in his previous investigation.

Winner also dismissed Spitzer’s effort to put the issue behind him with an apologetic op-ed in the New York Times on Sunday.

The scandal “can’t be answered with an apology. That isn’t enough anymore.”