A state ethics hearing into a lingering controversy over the Paterson administration’s solicitation of Yankees tickets will be missing its star attraction: Gov. David A. Paterson.

The State Commission on Public Integrity, which regulates ethics laws covering statewide candidates and executive-chamber employees, has scheduled a hearing Tuesday in Albany. An administrative-law judge is expected to rule on whether Mr. Paterson violated ethics laws when he secured tickets to the first game of the 2009 World Series at Yankee Stadium.

Mr. Paterson’s attorney, Ted Wells, said the governor is refusing to attend. Mr. Wells issued a statement on Monday criticizing the commission for holding the hearing before the completion of a separate probe by an independent counsel, the state’s former chief judge, Judith Kaye, who is looking into whether the governor committed perjury when he testified under oath about the ticket matter.

“The Commission has not acted on this matter for close to six months, and has articulated no reason why it can no longer wait until Judge Kaye completes her review,” Mr. Wells stated.

Walter Ayres, a spokesman for the commission, said the hearing will take place with or without the governor’s participation. “We believe there is no reason to delay the hearing any longer,” Mr. Ayres said.

In March, the commission accused the governor of violating the state’s ban on gifts when he accepted three Yankees tickets. While Mr. Paterson later paid for them, the commission alleged he falsely testified under oath that he intended to pay for them and submitted a backdated check.

The governor has denied the ethics charges, which carry a penalty of up to $90,000.

Judge Kaye began her criminal review about five months ago after state Attorney General Andrew Cuomo recused himself from a pair of probes into the Paterson administration. The second involved allegations about the governor’s handling of a domestic-abuse complaint against one of his aides, David Johnson, who has been charged with misdemeanor assault.

Judge Kaye wrapped up the first case last month, releasing a report that concluded the governor did not commit a crime.

(Source: WSJ)