Judge will lay down law on Albany factions, but hopes they make nice first

ALBANY - An upstate judge Friday gave the warring state Senate factions the weekend to work out among themselves who controls the Senate.

Supreme Court Justice Thomas McNamara said he'd be willing to rule on the matter on Monday, but said he'd prefer "to have the matter resolved within the confines of the Senate."

He ordered the lawyers to talk to their clients to gauge whether a resolution to the week-long problem can be reached.

If not, McNamara said he'll schedule further court proceedings for Monday, when the Republican-led coalition has said it will try to hold another Senate session.

Republicans say the coup they launched Monday with two dissident Democrats to oust Democratic Majority Leader Malcolm Smith was legal - and they want McNamara to quash the Democrats' challenge.

Smith's team says the coup was illegal and the so-called new coalition should be blocked from trying to run the chamber.

Dissident Sen. Pedro Espada Jr. said he doubts the factions will be able to work it out.

"I do not think there will be a political remedy," he said. "There is no negotiated settlement possible because what happened Monday speaks for itself, was legal, and will stand."

On another front, key Democrats were trying to set up a meeting with one of the dissidents, Sen. Hiram Monserrate of Queens. The Democrats have basically given up on Espada.

The idea of meeting with Monserrate is to "isolate" Espada - an approach that would, if successful, deadlock the Senate at 31-31 with no sitting lieutenant governor to break the tie.

"I think the big thing people are looking at is 31-31 is a far cry from 32-30," one senator said. "That's where the focus is."

Espada said he spoke with Monserrate twice Friday and said the former cop has repeated his support for Espada as Senate president and the coalition government.

"I have no problem with him," Espada said. "I have a problem with what they're doing to him.

"He's under tremendous pressure with all sorts of people still calling him. The Democratic conference is using the judicial system to buy time so that they can harass, arm twist and intimidate my partner."

"It's very undemocratic. It borders on criminal harassment."

Espada also hopes to convince other Democrats to join what he and his new Republican allies are calling a "reform government coalition."

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