A state Supreme Court judge in Rensselaer County has refused to block takeover of the state Senate and has ordered more legal arguments.

Democrats filed the injunction this morning, claiming that the newly formed coalition government illegally seized control of the Senate majority on Monday.

Supreme Court Justice George B. Ceresia order the parties to return to court at 9:30 a.m. Friday before an undisclosed judge.

Ceresia criticized both sides for not being able to work out an agreement.

“Let me put it this way: I think the people of the state of New York are the ones suffering from this. It’s not indicative of good government, it’s indicative of anything but good government.”

He said if he had the power he would issue restraining orders against both sides, but that law prohibits him from doing so. He urged the parties to “bring this to a head as quickly as possible.”

At the same time the judge denied that request, Republicans and the two dissident Democrats who make up the coalition government entered the Senate chamber and planned to hold session.

Capital Tonight reporter Erin Billups was outside the chamber and said there was a scuffle and some pushing and shoving before the coalition was eventually able to enter the chamber.

“We’re going back into session,” said Sen. George Maziarz, a western New York Republican who calmly waited outside the Senate chamber for at least some of the crowd to disperse before entering the chamber. It was the first time since Monday that the ornate glass and iron Senate doors have been opened.

The crowd, chanting phrases like “Voters not Donors,” an allusion to Rochester billionaire Tom Golisano who helped broker Monday’s Senate coup.

In protest of the decision, Senate Democrats decided to boycott the session and refused to attend. The only two Democrats in attendance were Sens. Pedro Espada and Hiram Monserrate, who joined the coalition Monday and allowed Republicans to take control of the chamber.

The Capital Confidential reports the following update moments ago:

The coalition is in the Senate chambers and is doing roll call.

Senate Republican Leader Dean Skelos opened the door to the chamber and Senate security shuttled senators, staff and press into the chamber as protestors chanted “Senate not for sale!”

Sen. Hiram Monserrate was late arriving to the chamber, but was greeted with applause by Senate GOP members as he entered.

(Source: Capital 9 News / CBS2 HD / TimesUnion)