A State Supreme Court judge refused to rule on the State Senate's state of ridiculousness and instead urged (again!) the Senators to work out the matter. State Supreme Court Justice Thomas McNamara dismissed Smith vs. Espada (read the decision) and wrote, "A judicially imposed resolution would be an improvident intrusion into the inner workings of a coequal branch of government. The practical effect of having a court decide this issue would be that its decision, if only by perception, would have an influence on the internal workings of the Senate. … To have a court do so would be improper... The failure of the Senate to resolve this issue in an appropriate manner will make them answerable to the electorate."

Well, we can only hope that the Senators will be made more answerable to the electorate, because right now it's a serious—pardon our French—clusterfuck, with a 31-31 tie in the Senate and Governor Paterson stepping in to offer run the chamber (the Republicans have declined that offer). The Republicans are claiming victory and taking time to slam the 31 Democrats who don't want them in power. From a GOP press release with quotes from defected Democrat Pedro Espada Jr. and majority leader Dean Skelos:

“I am pleased the judge recognized that Senator Smith’s lawsuit was baseless. He made it clear that the vote for my election as Temporary President Pro Tempore and the election of Senator Skelos as Majority Leader, is legal,” Senator Espada said. “This should bring to an end to Senator Smith’s fruitless attempts to undo a legal vote and turn back the clock on the historic rules reforms we enacted.”

“There is no longer any excuse for 31 Senate Democrats to boycott session and refuse to come to the Senate Chamber today and do their jobs,” Senator Skelos said. “We have a lot of work that needs to be done; we have lost a week’s time, but we are prepared to move ahead quickly.”

However, Democratic lawyer Andrew Celli explained, "The court simply ruled that it wasn't going to decide and it was going to leave it up to the Senate. We intend to appeal that. We think it was a proper constitutional matter."