TROY—The State Senate Leadership battle is in court right now, and one ancillary question being decided by Judge George B. Ceresia is whether "legislative days" can be declared today and tomorrow so the chamber does not accidentally adjourn early for the year.
The Senate was haphazardly (and controversially) adjourned Monday by State Senator Neil Breslin as he fought an attempt to install Dean Skelos as the majority leader and Pedros Espada Jr. as the president pro tempore.
If the body stands adjourned for more than two days without the consent of the Assembly, the session will cease until 2010, according to Democratic lawyers. It can only come back in a special session called by David Paterson, wherein only his legislative agenda could be acted upon.
Nobody, Republican or Democrat, wants this to happen.
