Assemblymember Michael Gianaris Assemblymember Michael Gianaris and members of two government watchdog groups have advanced a plan to have Governor David Paterson appoint a lieutenant governor, who would then assume the constitutional role of state senate president, with inherent powers of control over that legislative body.

As senate president the new lieutenant governor could also then cast votes when necessary to break the 31-31 deadlock the Democrats and Republicans have found themselves in over the past 31 days.

"The answer to that gridlock was right under our noses the entire time," Gianaris commented, referring to Citizens Union Director Dick Dadey and Common Cause NY Executive Director Susan Lerner. The three came up with the solution to the long stalemate.

The trio explained to Paterson in a letter that he has the power to appoint a new lieutenant governor under a section of the State Public Officers law, which outlines the powers and duties of state officials and authorizes the governor to fill vacancies in elected office.

The letter maintains that Section 43 of the Public Officers Law applies in this situation and is not precluded by the state constitutional mandate that the Temporary President of the Senate shall perform the duties of lieutenant governor during a vacancy.

Gianaris said Section 43 states, "If a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election."

"I urge the governor to make this appointment as quickly as possible so the state legislature can resume its work and pass the dozens of important measures that await action," Gianaris declared.

The governor has issued no formal statement saying he had received the letter, but told reporters the proposal was under review. He stated: "I look forward to working with these groups and others to find a way to end the stalemate."

The senate has not held a session with members of both parties participating since June 8, when two Democrats joined with Republicans to oust Majority Leader Malcolm Smith. One of those Democrats, Senator Hiram Monserrate, later returned to the Democratic fold, leaving each side with 31 members.

The other Democrat, Senator Pedro Espada (The Bronx) assumed the role of senate president at that time and Senator Dean Skelos was elected majority leader by his delegation. The other Democrats refused to accept these changes and the stalemate set in, with no action being taken on any bills. Among the major pieces of legislation that fell victim to the inaction was extension of mayoral control of the New York City public school system, authorization for which expired on June 30.

Meanwhile, it would appear that if Paterson decides to accept the proposal made by Gianaris and the others, it would likely be challenged. New York Attorney General Andrew Cuomo said he felt such an appointment was "not constitutional".

Skelos, indicating he was not in agreement with Gianaris' position, stated, "If the governor wants to violate the constitution, I guess he can do it."

However, senate Democrats reportedly urged the governor to act on the Gianaris idea.

Negotiations between the rival parties to try to find a solution acceptable to both are still continuing.