NBC 4 - NY- February 19, 2010
Judge Declines to Block Monserrate's Ouster
The New York Law Journal - February 22, 2010
A federal judge has declined to issue a preliminary injunction against the state Senate's expulsion of Hiram Monserrate. The Senate voted, 53-8 on Feb. 9 to oust Mr. Monserrate, who had been convicted of recklessly assaulting his girlfriend. Mr. Monserrate and several of his former constituents appealed, claiming that the former senator had been denied due process of law and the voters disenfranchised. However, Southern District Judge William H. Pauley III concluded after a hearing yesterday that he had no legal basis to block the Senate's action in a decision released today. Moreover, he held that a scheduled March 16 special election to select Mr. Monserrate's replacement would protect the voters of the 13th District in Queens "more effectively than judicial intervention." The Senate is scheduled to return to Albany Monday.