Senate Dems label Republican lawsuit over Gov. Hochul chief judge pick a ‘distraction’

ALBANY — Senate Democrats on Tuesday dismissed the Republican-backed lawsuit over Gov. Hochul’s chief judge pick as a distraction — but didn’t rule out holding a full floor vote on the contentious nomination.

Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) said Dems are trying to look past the suit and ongoing controversy surrounding Hector LaSalle’s nomination to lead the Court of Appeals as they prepare for budget negotiations with the governor.

The Democratic leader reiterated her belief that there are not enough votes in the chamber to confirm LaSalle, whose nomination was rejected by a committee last month.

“The reality has not changed and unfortunately this nominee does not have the votes,” Stewart-Cousins told reporters. “We’ve got lots and lots of work to do. We’ve got a $227 billion budget.”

Last week, Sen. Anthony Palumbo (R-Riverhead) filed a lawsuit seeking to force a floor vote by the full 63-seat body, arguing that Dems failed to fulfill their constitutional duty when they rejected LaSalle in committee.

Hochul, who was not involved in the lawsuit, supports the premise that the state Constitution requires judicial nominations be taken up by the full chamber.

Stewart-Cousins stood her ground on Tuesday, maintaining that the Dem-controlled chamber acted appropriately.

“The constitution allows us to make our rules and the rules were certainly followed,” she said.

LaSalle, who would have been the state’s first Latino chief judge if confirmed, faced fierce pushback from a wide range of opponents who argued the former prosecutor’s judicial records showed him to be anti-union, anti-reproductive rights and overall too conservative for the post.

The Long Island native currently serves as the presiding justice of the 2nd Appellate Division in Brooklyn.

More than a dozen Senate Democrats openly opposed the appointment ahead of the committee vote and a rules change made earlier this year expanded the number of members serving on the panel.

Palumbo, the ranking Republican on the Senate Judiciary Committee, argues in his suit that “a vote of a mere committee of the Senate—here, the Judiciary Committee — does not satisfy the constitutional requirement of advice and consent.

“The Constitution does not delegate that authority to a committee,” the suit reads.

A hearing is scheduled for Friday in Suffolk County Supreme Court.

The governor, a Democrat, said Monday that while the suit from Republicans was “unexpected,” she stands behind her belief that LaSalle is entitled to a full vote.

“I have said all along, I remain strongly behind the premise that the constitution of the State of New York requires the Senate consider a nomination from the governor,” she said following an event in Rochester.