State Sen. Darrel J. Aubertine, D-Cape Vincent, sued the state Assembly on Monday in an effort to compel its clerk to deliver legislation to the governor that Mr. Aubertine argues was passed June 30 in the Senate.
The suit, filed in state Supreme Court, argues that the Senate had 32 lawmakers present — enough to conduct business and vote on bills — and the quorum was never challenged during the session. It also contends the Assembly’s own rules require that any bill passing both houses and returned to the Assembly must be given to the governor within 45 days of being received.
Mr. Aubertine asked the court to force the Assembly to send the bills to Gov. David A. Paterson by Aug. 13. The case will be heard at 9:30 a.m. July 17 in an Albany courthouse.
Mr. Aubertine said he first suggested to Democratic colleagues that they sue the lower house to force it to take action on the 122 bills voted on June 30.
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