Rebel rebel Hiram Monserrate, with new Democratic leader John Sampson, and putative majority leader Malcolm Smith.Photo: AP

With Hiram Monserrate's re-defection back to the Democrats in the New York State Senate, the body is effectively split 31–31, with both sides arguing that they have the majority. (Honestly, with no hyperbole, we can now say that a classroom full of second-graders would be able to see this situation more clearly than they do.) Both sides are desperate for a court to resolve the issue over who is in charge, as without a lieutenant governor, there is no one in the statehouse to resolve potential tied votes. But State Supreme Court Judge Thomas McNamara repeatedly refuses to rule on the matter, instead urging them to resolve it among themselves. (See above, re: second graders.) A solution has been proposed by the Democrats to get through the end of the session and resolve key outstanding bills, which would involve having a six member, bi-partisan committee deciding scheduling. Naturally, this has been rejected the Republicans, despite the fact that they seized power last Monday on promises of reform, power-sharing, and bi-partisanship.

How to spell hypocrisy: GOP. Selfish Albany Republicans reject power-sharing deal [NYDN]
State Senate mess in judge's hands after legislature can't reach deal [NYDN]