Lieutenant governor

Richard Ravitch is back in for now as New York's lieutenant governor after an appellate division justice blocked a restraining order preventing him from serving in the office. That could change yet again.

Mr. Ravitch's status has been back and forth in the courts since he was named in a controversial appointment by Gov. David A. Paterson to fill his vacant position. Gov. Paterson took the step to break a Senate tie in a chamber that was then deadlocked in a month-long dispute over leadership.

As lieutenant governor, Mr. Ravitch would preside over the Senate, displacing Senate President Pro Tempore Malcolm A. Smith. The lieutenant governor casts a tie-breaking vote on procedural matters in the Senate and serves in the absence of the governor.

However, the unprecedented appointment has been disputed. The state constitution makes no provision for filling a vacancy in the lieutenant governor's post. As such, Senate Republicans and Democrats, state Attorney General Andrew M. Cuomo and past governors argue that Mr. Ravitch's appointment is unconstitutional.

Gov. Paterson and supporters say he is within his rights under provisions of the Public Officers Law for filling vacancies in elective offices.

Another court hearing slated for Monday will not likely resolve the issue, which will probably reach the Court of Appeals. Until then, Mr. Ravitch's standing in government remains inconclusive.

What is required to avoid future conflicts, though, is a constitutional amendment to establish procedures to fill a lieutenant governor's vacancy.