Ravitch, CC'55, temporarily reinstated as lieutenant governor

Late Wednesday night, a New York appellate judge reinstated Richard Ravitch, CC’55, as lieutenant governor. This decision comes the day after a state supreme court justice ruled it was unconstitutional for Governor David Paterson, CC’77, to have appointed the fellow Columbia alum.

Ravitch is now allowed to step into the post temporarily, as the legal battle surrounding his appointment gains momentum.

This is a victory for Paterson, who filed an appeal early on Wednesday, and State Supreme Court Appellate Division Judge L. Priscilla Hall expressed her skepticism in the ruling that blocked Ravitch. Yet Republicans in Albany persist in their contention that New York’s constitution does not allow for the state’s governor to fill a lieutenant governor vacancy, which is an elected seat. The appellate judge’s indicates her own analysis of the case, but does not conclude what promises to be a drawn out legal process that might last months.

As the Spectator reported yesterday:

Governor David Paterson, CC'77, is challenging the court ruling that blocks Richard Ravitch, CC'55, from serving as appointed lieutenant governor of New York. State Supreme Court Justice William R. LaMarca decided on Tuesday that it was unconstitutional for the governor to have filled the vacant post.

Later Tuesday evening, Paterson’s communications director Peter Kauffmann issued a statement that "Governor Paterson's appointment of Richard Ravitch as Lieutenant Governor is legally sound and we are confident the appellate courts will ultimately rule in our favor. We will go to the Appellate Division, Second Department, tomorrow to seek to have the preliminary injunction lifted."

Justice LaMarca's ruling has now begun a legal process that could go on for several months. A conference preceding the appellate court arguments is set for the morning of August 25.

…

Paterson named the former Metropolitan Transportation Authority chairman to the post earlier this month, and Ravitch was sworn into office quickly and quietly, before political opponents could take action against the appointment. But when word got out, Republicans in the State Senate filed a temporary restraining order against Ravitch, keeping him from "acting with regard to exercising any of the powers accorded to the lieutenant governor of the state of New York." The Albany GOP argued that it was unconstitutional for Paterson to have picked someone to fill the position, which had been left empty since Paterson himself left it to fill in for former Gov. Eliot Spitzer.

Paterson had appointed Ravitch as a means to alleviate political chaos in Albany, hoping that a lieutenant governor could negotiate state lawmakers out of the partisan legislative deadlock that began on June 8. Amidst other controversy in the state capitol, the appointment ultimately added fuel to the fire by provoking Republican resistance.

On July 15, State Supreme Court Justice William LaMarca heard arguments on the lawsuit filed by Republicans seeking to permanently block Ravitch. After about a week, he made his decision that the state's constitution can't allow for the appointment. Aligning with New York Attorney General Andrew Cuomo, who also spoke out against Paterson's move to name Ravitch, Justice LaMarca said the Governor does not have the power to fill such a vacancy.