"Just working on the budget," he replied.

Ravitch's Constitutional legitimization by a split ruling of the Court of Appeals set him into motion. Paterson had envisioned him as a strong right hand, "an extension of the governor," for budgetary matters and legislative relations, but over the last week Ravitch has, without qualification, taken the lead on creating a budget plan. (The Paterson administration had all of August to develop a concrete plan to reduce the deficit—during which time Ravitch's appointment as lieutenant governor remained in a legal limbo—but could not make any headway.)

As one prominent lobbyist put it: "I'd say he's become the executive director of our government, and Paterson is now kind of like the chairman of the board."

Earlier this week, Ravitch traveled with Paterson to the 17^th floor of the Park Avenue offices of J.P. Morgan Chase for a meeting of bankers, real estate machers and the heads of trade associations from Rochester to Long Island convened by the Partnership for New York City and the Citizens Budget Commission.

Paterson gave a speech that stuck to his increasingly emphatic message of fiscal restraint--which he hopes will be his political redemption. Then he left, with Ravitch staying to sit on a panel and shmooze before the business leaders did break-out sessions. They were excited to see him.

"I think what David was doing was trying to get somebody that has credibility with the Legislature, credibility with business and labor, but who's coming to these conversations without a political agenda," said Kathy Wylde, president of the Partnership for New York. "He has political vulnerability—Ravitch does not. So I think he brought in somebody who's a little larger than life. Governor Paterson is not going to get blamed for whatever Ravitch says or does."

And vice-versa. Ravitch can knock heads and get things done, being the "tough guy" who gives Paterson "deniability," as Wylde put it.

Senate Republican leader Dean Skelos put it to me this way: "I think the lieutenant governor is the person who he felt could come up with a plan based on his expertise in finance, and the fact that he has a certain respectability within the finance community. So we're waiting to see what he comes up with."

So how does Ravitch see himself?

"Well, I don't like to characterize myself under any circumstances—I would leave that to others—but I'm certainly very involved, and the governor is fully aware of what I'm doing and I'm in close touch with him," he said. "Of course, I'm in touch with staffs with the legislative leaders on a continuing basis."

And having spoken to business leaders, next week's agenda holds labor groups. While a traditional Democratic constituency, their relationship with Paterson has been frosty.

"I expect to have an adult conversation with them about the problem and see what ideas they have," Ravitch said. "I've spent a good part of my life with the labor movement, and so I suppose it's possible in some of these situations to characterize me as the bad guy. But I hope they don't, but if they do, I can't prevent people from calling me names. It doesn't change the fact that revenues are going down and the expenses are going up. That's the reality. That's the reality for this governor, for any other governor, and for any member of the legislature. People who are elected to office are the ones who have the burden of having to decide how to resolve these issues. I can be helpful in the process, but it's ultimately elected officials who have to make decisions."

"The press should start asking the people who want to replace them what they should do under similar circumstances," he added, prompting me to ask if he was taking a shot at any person or group who he didn't want to name.

"No, not at all. Not at all," he said. "And I'm sure they all will. It's not a criticism at all. I mean, there's not reason for anybody who doesn't have to make a decision to speak out on it."

Ravitch refused to offer any specifics on what he might propose on behalf of the executive branch or when it might be proposed. Every number shows things are getting worse.

The budget, he told me, is "evolving."

This makes sense: the state is facing a fiscal crisis and there was no lieutenant governor, and no one foresaw (in March or April) the appointment of Richard Ravitch to the post. But things had changed by July, with the State Senate crippled by a month-long stalemate. David Paterson appointed Ravitch to the post, a move that was just sustained by the state's highest court.

"I certainly need a little help, but I don't intend to engage a large staff," Ravitch told reporters on a Tuesday conference call. "The state has a Budget Division that has people that are very able and experienced. People I've already gotten to know, and working with them, and I will continue to work with them. Yes I will need some logistical help, but of a minor nature. And I hope that the other tasks that I demand to perform on behalf of the governor and the state, if I need help, I have no doubt that I'll be able to get it."

While the 2008-09 budget included $1.378 million for the office--most of it budgeted for staff--it was ostensibly never spent. David Paterson became governor on March 17, and the 08-09 budget was signed into law on April 23. This year's executive budget did not propose any funding for the office of the Lieutenant Governor, and none was present in the adopted budget.

I asked the Division of the Budget on Thursday where the money for any of Ravitch's staff would come from; they referred me to Paterson's press office. I still haven't heard back.

On of the lighter comments came from Judge Robert Smith, as he parsed an argument made by Paterson that Skelos did not have sufficient standing to bring the case. (Both sides said they thought the case should be decided on its larger merits, not on the issue of standing.) He presented a scenario to Paterson's attorney Kathleen Sullivan where someone walked into the chamber and presided. Would he as a senator have the power to bring a suit against this?

She argued he would not.

"Well maybe I should try it," Smith said, to laughs. "I could be lieutenant governor."

The arguments made by both sides have mostly been aired in lower courts; Paterson claims he has authority under a catch-all provision of the Public Officers Law and a constitutional mandate to look to statute for guidance. Skelos claims that the Constitution provides for succession and has the State Senate president assume the duties of the lieutenant governor. So far, lower courts have sided with Skelos.

Chief Judge Jonathan Lippman grilled David Lewis, Skelos' attorney, as to why the plain language of the statute did not apply in this instance. Smith's questions were more harshly directed toward Sullivan.

After the oral arguments--which are built on copious amounts of briefs--each side said it was "confident" the ruling would go its way. Paterson's counsel, Peter Kiernan, said the governor has suggested a bill that would amend the Public Officers Law to allow for the appointment of a lieutenant governor with the consent of the Senate; Skelos echoed his argument and said he believed such a change could not be legally made in statute, but would require a Constitutional amendment.

A decision on the case is expected in the next two weeks, perhaps as early as Monday.

"We have no quarrel with those who say that having a man of Mr. Ravitch's stature, knowledge and experience in the office of lieutenant-governor would promote the public interest by providing help and counsel to the Governor in difficult times and by bringing much-needed stability to the government of this State," wrote judges of the Appellate Division, second department. "We conclude, however, that the Governor simply does not have the authority to appoint a lieutenant-governor, that his purported appointment of Mr. Ravitch cannot be reconciled with an unambiguous and contrary provision in the State Constitution, and that no considerations of the State's financial difficulties or of political strife in the Senate allow us to find authority for Mr. Ravitch's appointment where none exists."

Senate Minority Leader Dean Skelos, who brought the case, said the decision shows "the governor acted recklessly and unconstitutionally when he put his own political interests ahead of the public interest."

Lawyers for State Senate Minority Leader Dean Skelos and David Paterson faced off in Brooklyn's appellate division, again, to make arguments in front of a four-judge panel. Since their last appearance in Brooklyn, Senate Majority Leader Pedro Espada Jr. has withdrawn his name from the lawsuit (it was filed at a time when he was allied with Skelos in a "coalition" government) via letter, but attorney John Ciampoli appeared today in court alongside David Lewis, an attorney representing Skelos. Lewis did most of the arguing, Ciampoli said, but he remained part of the team.

"One of the things that's in the letter is that the senator has no problem with my participation in the case on behalf of Senator Skelos," Ciampoli said. "I'm a staff attorney for the senate; that's who pays me. We get more representation for the same money."

In addition to arguing the merits of the case, Ciampoli said, the attorneys also touched on the question of venue. Paterson's lawyers had sought to move the trial to Albany after Skelos filed the suit in his native Nassau County.

Ciampoli said a decision is expected "as soon as possible, whatever that means."

The New York Civil Liberties Union filed a brief last week supporting the governor's position--that Ravitch's appointment is appropriate according to the Public Officers law. As did two good-government groups that first publicly floated the idea of appointing Ravtich--the Citizens' Union and Common Cause--using Columbia Law School Professor Richard Briffault as their author. Briffault was also advising Paterson on his legal strategy.

A brief was filed supporting Republican Senate Leader Dean Skelos' position is a group of four individuals, most of whom have spoken out in opinion submissions on the topic. They are Stan Lundine, who served as lieutenant governor under Mario Cuomo; Michael Hutter from Albany Law School; Peter Galie from Canisius College and Gerald Benjamin from SUNY New Paltz.

"We gave our opinion, and all I know from the court action yesterday is what I read in the newspapers, and it seems like they took a moderate position," Cuomo told Fred Dicker on WGDJ Talk 1300. "This will go through the courts, Fred, as it should. I hope that it happens quickly and expeditiously."

"You have to remember, I think, that the context we were first talking about the LG, in Albany, was a practical, sort of political vis-à-vis the Senate situation, et cetera," Cuomo continued. "The way I read the judges' questions, they were on the succession issue and how do you ensure that the people elected their leadership when it comes to vacancies."

Cuomo was asked why he had time to issue a report about Wall Street bonuses, but not "defend the constitution" on this matter.

"I gave my opinion on it. It is in the courts, it is being litigated in the courts, the courts will make the decision. You don't need me to bring it to the courts," Cuomo replied. "When there's a difference between the governor, the executive and the legislative branch, I stay out of it."

He did offer an opinion on David Paterson's late-night appearance at a club.

"The way I heard it what the governor was doing was totally appropriate. He was at a party, he was celebrating somebody's birthday. He's come to birthday celebrations for me. So from the facts that I heard, I thought it was totally appropriate," Cuomo said.

The panel heard arguments about the case today. The decision is above.

On Monday, the Paterson lawyers filed several documents in support of their case, including the above affidavit from former governor Hugh Carey. The crux of it is: You should uphold Richard Ravitch's appointment because Richard Ravitch is great.

"It is simply intolerable that the Senate would harbor the prospect of a successor to the Governor being someone hostile to his governmental objectives, someone who would have conflicting loyalties, and someone who would seek political advantage rather than combined effort," the affidavit states. "Governor Paterson has appointed a stellar and dedicated public servant to aid him and the State in confronting a dire threat. He is the ideal person to share the governor's confidences and confidential information."

Carey speaks of the qualities in Ravitch which helped him in 1975, as he dealt with another fiscal crisis. He called him, as Paterson has, an "asset."

"I think it was deliberate. I think he was judge shopping and he was wrong," said State Senator Marty Golden, a Brooklyn Republican, noting that Judge L. Priscilla Hall was appointed to the Appellate Division Second Department four months ago. "I find it pretty shocking that this governor, out of all the judges in the state of New York, he would have to choose judges that he just raised to the next level in appointment within the next four months."

If this sounds familiar, it is. Democrats, including the governor himself, were attacking Republicans for filing their court challenge to the constitutionality of Ravitch's appointment in Nassau County instead of Albany. Now the case has been appealed to Brooklyn, and everyone expects it will work its way to the nine-judge Court of Appeals in Albany.

I asked Blair Horner, an advocate of transparency, ethics and such, if this boded poorly for public confidence in the ultimate result of the case.

"I hope it's just the typical antics that you see from whatever one side thinks they're on better ground, depending on the ideological orientation of the judge," he said. "It's hard to say. This is, in our opinion, not a slam dunk one way or another. Reasonable people can differ, and that may be the way the court ultimately comes down one way or another. I'm hoping at the Court of Appeals level, that that's the court of last resort and no one will attack the judges themselves."