New York State Senate Chaos

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Who's in charge of New York?

That was the big question Monday night following a political standoff in Albany.

The Republicans said they pulled off a coup, snatching power away from the Senate majority, but the Democrats said it was illegal and that they're still in control of the Legislature.

And the whole thing has Gov. David Paterson lashing out at lawmakers.

It was a carefully crafted coup -- five weeks in the making, with independent Tom Golisano in on the plotting.

And when it was over Republican Sen. Dean Skelos of Rockville Center was back in power as Senate Majority Leader. Dumped was former Democratic leader Malcolm Smith.

"I want to thank Pedro and Hiram," Skelos said. "I know the difficult votes you did today. But they did the right thing and I want to thank Tom Golisano, who certainly has been a leader."

The thank yous to Pedro Espada and Hiram Monserrate were because the two controversial Democrats crossed party lines and voted for Skelos to lead the Senate. The flip of the senators give Republicans a 32-30 edge in the chamber.

During the coup, Democrats fled the chamber, turned out the lights, and cut off the Internet feed of chamber proceedings, leaving Republicans and their two Democratic friends to take the vote in the dark.

A media advisory released by Mark Hansen, a spokesman for the Senate's GOP conference, foreshadowed the shake-up: "An historic change in leadership is taking place at this moment and a new bipartisan, coalition is being established that is bringing real reform to the Senate RIGHT NOW."

Smith was elected Temporary President and Majority Leader of the New York State Senate in January of 2009, becoming the first African-American Majority Leader in New York State history and the first Democratic leader in almost 40 years.

Conversely, Monserrate was recently indicted for beating his girlfriend. And who can forget Espada, who represents the Bronx and lives in Mamaroneck. He put on an orange ski hat when CBS 2 HD confronted him outside his home.

And then when we went to Albany to get answers from Espada all he could do was laugh off our questions and then accuse us of behaving inappropriately.

This is what Espada had to say about the coup and his decision to join:

"At the end of the day what you witnessed today may be characterized as a power grab – a coup. But please understand this is a new beginning for New York state, a new beginning of bipartisan government," Espada said.

Smith didn't see it that way. He said the coup was illegal and he was still the majority leader, although he only has about two dozen Democrats with him not the 32 he claims to have.

"Let's just be real clear. The Senate Democrats are still in the majority. Senator Malcolm Smith is still the majority leader," Smith said.

Paterson addressed the issue Monday night at a news conference and made it clear he's furious.

"I should be standing here talking to you about the issues that the people need Albany to address. Once again Albany's dysfunction has raised its ugly head," Paterson said. "I came here today to stand up for everyone in this state who still believes in a democracy -- that there are perimeters in which we govern, that Albany can be more than the dysfunctional wreck it has become over the years. And I don't care if the only one standing, but someone has got to stand up and say that this is wrong.

"The last two weeks of session is not the time when we conduct campaigns. It is not the time when we elect leaders. It is not the time for politics. It is the time for governance."

Right now we have a real standoff.

Skelos and Espada took their oaths of office -- and get this: if something happens to Gov. Paterson, Espada, as president pro tempore of the Senate, fills in.

Both sides will contest the other, with the Democrats saying the move is illegal because the session was already gaveled out.

In the end it will likely end up in the courts.