Queens senator Hiram Monserrate was formally expelled Tuesday from the State Senate following a 53-8 vote.

The resolution takes effect immediately.

Sources say there were two resolutions being considered by state senators as they met behind closed doors Tuesday night. One called for an immediate expulsion, the other would have delayed it until June.

Monserrate was convicted in October of misdemeanor assault for dragging his girlfriend through the lobby of his apartment building.

The committee that investigated him recommended the State Senate vote on a resolution to expel Monserrate and if that were to fail, to vote on a resolution censuring him.

Democrats, however, declined to consider a motion to simply censure him.

Monserrate says he will file a lawsuit to fight his expulsion as early as Wednesday morning.

He also says his expulsion deprives voters of their right to choose a representative.

“I think it’s the height of arrogance for someone who has never pulled a lever in my community, who never saw the narcotics sales on Roosevelt Ave., who never saw the lack of services that my community receives to think that today, they have more power than the constituent voters who sent me here to represent them,” Monserrate said.

Earlier in the day, New Yorkers had mixed reactions to the vote, with some questioning if he’s being given special treatment because of his job.

“I think he should go,” said one Queens resident. “I think that you can’t be a lawmaker and commit crimes.”

“I used to live in a building where he lived, the co-op, and he always had an attitude about him, very cocky and he shouldn’t represent this borough,” said another.

“People have problems, nobody’s perfect, and I think what he did was bad, but really should we focus about that?” said a third. “[Was this his] whole career? I mean, you forget all the times he helped people.”

On Monday, Senate Majority Leader Pedro Espada Jr. proposed a bill to automatically expel senators convicted of Class-A misdemeanors.

Governor David Paterson has already announced he will call a special election for Tuesday, March 16th to fill the seat.

This is the first time in nearly a century that a New York senator has been expelled.

Source: NY1