New York – The warring state Senate, which failed on its own to reach a power-sharing deal, will today have a judge help decide its leadership fate.

A seven-day stretch that began with a shocking parliamentary revolt orchestrated by a coalition of Republicans and the two rogue Democrats — Monserrate and Sen. Pedro Espada — resulted in a 31-31 split between the Democratic conference and the uneasy coalition.

Espada and GOP lawmakers want Supreme Court Justice Thomas McNamara to rule should stand.  The Bronx Democrat has continued to assert that he is the new Senate president.

The Republicans’ call for judicial intervention was an about-face from their earlier stance arguing the matter should be left to legislators to decide,the Daily News reports.

The court’s intervention comes a day after a dissident Democrat who helped Republicans seize power, Hiram Monserrate, of Queens, returned to the Democratic fold  and declared that Democrats must retake the majority he cost them.

“We need to take back the Senate,” said Monserrate, insisting Democrats were united.
 
Seeming more confident Monday, Democrats said they had reached a power-sharing deal with Republicans — but by late afternoon the deadlock had not been broken. 
 
Monserrate, who still faces an assault charge that could cost him his seat if convicted, extracted a leadership change among Senate Democrats before he rejoined the conference Monday.

Sen. John Sampson of Brooklyn was named to a newly created position of conference leader in charge of daily operation and, as Monserrate put it, to be “the face of the conference.”

Where that leaves Sen. Malcolm Smith, of Queens, who was elected majority leader in January, and his deputy, Sen. Jeffrey Klein, of the Bronx, wasn’t clear. That will be decided in coming days, Smith said, although he insists he is still majority leader and president of the Senate.

(Source: NBC New York)