Republicans seized control of the State Senate, installing Pedro Espada (D-Bronx) as temporary president and Sen. Dean Skelos (R-Nassau) as majority and vice-chair in a move that, among other things, throws the reauthorization of mayoral control of schools in serious jeopardy.

The current law is set to sunset on June 30—in a deal already facing trouble—and the inevitable political wrangling could result in the legislature now failing to take it up for a final vote before the end of session and that deadline.

That would create a statutory crisis, with the public school system immediately reverting to its 2002 form.

The city has not prepared in any real way for this contingency.

Espada was joined by senators Carl Kruger (D-Brooklyn) and Hiram Monserrate (D-Queens) in voting to overturn Democratic majority.

Senator Ruben Diaz Sr. (D-Bronx) was in the chamber for the vote but insisted that he was not voting.

“It will be a coalition of members, and we encourage other Democrats who perhaps weren’t that happy today: join the coalition,” Skelos said. “The more the merrier.”

Asked how things would function now, Skelos expressed confidence.

“There will be some bumps in the road,” Skelos said. But “I want to empower the members.”

Skelos noted that Espada would be the first Latino to be temporary president of the Senate something he said, “Latino voters should be proud of.”

As the vote began, billionaire Tom Golisano entered the gallery on the Republican side with an entourage which included Steve Pigeon and Gary Parenti, who joked, "Look who's here." (Espada is an old friend of Pigeon, who also helped broker the discarded deal from last fall which would have made Espada majority leader under the Democrats.)

Angelo Aponte, secretary to the Senate Democrats, was heard confiding to someone in a hallway outside the Senate chamber that Golisano apparently threw a lot of money at the renegade Democrats.

The surprise flip in majority came after a procedural disagreement clearly orchestrated by the Republicans in advance. After repeatedly calling for the results of a hand vote of the Senate, Senate Tom Libous (R-Binghamton) removed Sen. Neil Breslin (D-Albany) as chair.

After Sen. Jeff Klein (D-Bronx) called for the session to adjourn—which was immediately gaveled to happen by presiding chair Breslin—Democrats turned off the lights in the chamber in an apparent effort to force the Republicans to leave.

They did not and the lights were eventually switched back on.

Minutes later, Espada and Skelos were sworn in to their new positions, and a rules committee meeting was held on the Senate floor, with Senators immediately adopting new rules.

Espada, insisting that he remains a Democrat, called the new majority a “consensus majority,” not a Republican one.

What happens now is unclear. Some are expecting litigation. Some are expecting a session that stretches long into the summer.

Diaz, reached after the commotion answered the question with a common sentiment: “Who knows?”

He said he would not be joining those who went with the Republicans.

“I have no part of that. I don’t know what’s going to happen,” he said, though adding, “They have the right to do what they do.”

Asked whether he was willing to help mediate a compromise to bring Espada, Monserrate and Kruger back to the Democrats, he deferred.

“That’s not my duty to do that,” he said.

As the day ended, Gov. Paterson  called Sens. Skelos and Espada to see him in the executive chamber.

In addition to schools legislation, the current impasse could scuttle the rest of the legislative agenda, including gay marriage and other initiatives that were part of Paterson's political recovery strategy, while the leadership question remains unresolved.
"Now the chamber is locked," Diaz said. "Who will unlock it?"

Austin Shafran, a spokesman for the Senate Democrats, cast doubt on the lawfulness of the Republican takeover

“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader.  The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”

With additional reporting by David Freedlander