Apparently feeling that an Albany power struggle is better suited amongst the actual players than in a courtroom, state Supreme Court judge Thomas McNamara told the warring Senate Democrats and Republicans, "It would be in everyone's best interests if the Senate over the weekend got together and with calmer heads resolved that among yourselves," pointing out, "There are three coequal branches of government. We have our job, the Senate has their job and the governor's office has their job. The courts certainly do, on occasions that are appropriate, venture into other areas -- but there is a reluctance to do that."

However, McNamara allowed the two sides to reappear on Monday to argue their positions, if no agreement is made. Democrats are trying to argue that the Monday coup by the 30-strong Republican minority plus two dissident Democrats was illegal. But Senator Pedro Espada Jr., one of the dissident Democrats, told the Daily News, "I do not think there will be a political remedy to this as the court directed that there be some kind of negotiated settlement. There is no negotiated settlement possible because what happened Monday speaks for itself, was legal, and will stand."

Of course there's drama around the other dissident Democrat, Hiram Monserrate, who declined to participate in yesterday's Senate session, which left the new majority with 31 votes—one vote short of a quorum. (And the Republican were unable to do any work because "they lacked keys to essential paperwork from desks and the chamber's document room.") Someone characterized Monserrate's disappearance from the Senate as "buyer's remorse" to PolitickerNY. Though he said he would try to recruit more Democrats to the new coalition, he "spent the rest of the day fending off angry calls from labor and tenant leaders who are calling him a traitor, and negotiating with - you guessed it - the Democrats."

At 3 p.m., Democrats are meeting to discuss their conference's leadership—Malcolm Smith is expected to be voted out. And since Smith got his restraining order stopping Espada from being President Pro Tempore of the Senate, the next in line after Governor Paterson is...Assembly Leader Sheldon Silver.