Republicans Use Cuomo as Their Shield

ALBANY—In a televised address airing 10 minutes after David Paterson named Richard Ravitch as lieutenant governor, State Senator Dean Skelos, the chamber's top Republican, attacked.

"Sadly, once again, the governor has put his political career ahead of you, the public," Skelos said. "I don't want to take this time to talk about whether the Governor can or should appoint a lieutenant governor. Attorney General Andrew Cuomo has already said it's unconstitutional for the governor to appoint a lieutenant governor and I agree."

But Cuomo's next move is unclear. He's backed into a corner now, with his public statement coming into direct conflict with Paterson's statement that "the state constitution gives me the explicit power of appointment in cases of vacancies of office; there is nothing in the Constitution nor in the law that says that I cannot fill the vacant post of lieutenant governor."

One source close to Cuomo said he has been wavering in recent days on his position. In the meantime, he finds himself as the Republican shield in an assault on Paterson's choice.

Assembly Minority Leader Brian Kolb, in issuing a statement saying Paterson's act was "wholly unconstitutional," noted Cuomo's statement and said Kolb "would strongly urge Governor Paterson to consider these concerns and reconsider his action."