UPDATE: 31 Dems boycott session; Judge dismisses Smith lawsuit

4:55 PM UPDATE: Thirty-one Democrats did not attend Tuesday's scheduled 3 p.m. Senate session, according to CBS 6 reporter Teresa Priolo. Only renegade Democratic Sen. Pedro Espada Jr. and the Senate's 31 Republicans came.

The Senate adjourned until Wednesday, but not before Sen. Dean Skelos read a list of bills whose Democrat sponsors were not in attendance, Priolo reported. Espada and Skelos later issued a joint press release calling on Gov. David Paterson to order those who did not attend to give back their pay.

Earlier on Tuesday, a judge dismissed Smith's lawsuit, saying it is improper for the court to get involved in the leadership dispute and that the Senate should resolve the issue itself.

But Sens. Espada and Skelos put their own spin on the decision, saying acing state Supreme Court Justice Thomas McNamara's dismissal is clear sign the lawsuit was "baseless" and that last week's coup should stand.

If it does, Espada and Skelos would be the Senate president and majority leader, respectively.

"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," Espada said in a statement.

Skelos, a Republican, added, "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."

The 30 Democrats who voted against last week's coup did not attend, Priolo reported. Democratic Sen. Hiram Monserrate, who voted for the coup but switched sides on Monday, was also absent.

The Democrats succeeded in regaining Monserrate's support by elevating Brooklyn Sen. John Sampson to "conference chairman" and changing Smith's title to "conference leader." Sampson would effectively lead the Democrats. 

Smith described the arrangement, which depends on the ultimate outcome of the leadership struggle, as being akin to a business with Sampson as CEO and Smith as chairman of the board.

Meanwhile, Gov. Paterson has said he will step into the Senate session and run the chamber as he did when he was lieutenant governor, the Associated Press reported. Paterson said that will help both parties pass critical bills while the leadership issue is resolved.