Judge Reserves Decision in Monserrate Expulsion Case

NYCLU files amicus brief on Monserrate's behalf

Thursday, Feb 18, 2010  |  Updated 5:18 PM EDT
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Ousted state Sen. Hiram Monserrate says he's not going anywhere.

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A judge says he'll decide by Friday whether to temporarily block the expulsion of State Senator Hiram Monserrate, whose colleagues voted to remove him because of a misdemeanor assault conviction.

Judge William Pauley reserved decision after hearing arguments Thursday in federal court in Manhattan.

Queens Democrat Monserrate filed a civil rights suit last week asking Judge William Pauley to reverse his removal and stop a March 16 special election to replace him. Backed by the New York Civil Liberties Union, he says the state Senate denied him due process and his constituents their right to representation.

Attorney General Andrew Cuomo says in response that Monserrate declined to attend Senate hearings to present his side and his constituents have no recognized constitutional right to be represented by any specific person.

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