The change was helped by upstate Republican billionaire Tom Golisano, who had donated $5 million to the Democrats' campaigns.

[2] Golisano, with the aid of his political adviser Steve Pigeon, set up a series of private meetings between Republican senators Dean Skelos, Tom Libous, and George D. Maziarz, and after Pigeon convinced him, Democratic senator Pedro Espada Jr.

[4] Golisano, who recently moved to Florida, did not take part in the meetings at Espada's house, but was kept informed by Pigeon.

According to Smith and other Democrats, Senator Neil Breslin had accepted a motion to adjourn, and therefore ended the session before the Republicans voted to change leadership.

[12] Governor David Paterson criticized the initial motion by Senator Libous as "despicable" and "an outrage" due to the issues that were still on the table in the remainder of the legislative session.

[13] On June 10, Malcolm Smith said he was seeking a temporary court order to prevent the Republicans from taking power.

[14] Later in the day, Justice Karen Peters, a judge in the Appellate Division of the Supreme Court, granted Senator Smith's request for a temporary restraining order against Espada.

[15] The ruling put Sheldon Silver, Speaker of the New York State Assembly, temporarily next-in-line of succession to the governor's office.

[18][19] On June 24, Republican senators John Flanagan and George Winner filed a petition with Justice McNamara, requesting that Aponte be forced to recognize the authority of Skelos and Espada.

Aponte had instructed the chamber's stenographer, journal clerk, and sergeants-at-arms to ignore any orders from the Republican leaders.

[27] On June 15, in an apparent effort to woo Monserrate, Democrats voted Senator John Sampson as their de facto leader.

[34] They passed "non-controversial" bills, including a motel tax, 911 service fees, and a bond authorization for Nassau.

[36] Shortly following the attempted change in Senate leadership, Governor David Paterson announced that he would avoid out-of-state travel, saying "the best thing for me to do is to stay here.

He also stated that he would convene a special session every day, including weekends and July 4, until the senators finished their job.

[note 4] Governor Paterson then called daily extraordinary sessions of the State Senate, but each caucus met separately and adjourned without doing any business for lack of quorum.

[citation needed] On request of Governor Paterson, Justice Joseph C. Teresi ordered the State Senators on June 29 to convene together the next day.

Senator Kevin Parker rejected the idea, saying that Governor Paterson "doesn't have any constitutional or legal authority to dock our pay.

[note 5][47] However, Paterson believed that he had the authority to fill the vacancy due to provisions of the New York State Public Officers Law.

[49] However, State Assemblyman Michael Gianaris formed an interpretation of the Public Officers Laws that would allow Paterson to fill the vacancy by appointment.

[50] It is also supported by good government groups Citizens Union and Common Cause, both of which urged Paterson to make an appointment.

[52] Senator Skelos also expressed his concern with the appointment, stating that "it's illegal, it's unconstitutional",[52] and believed that it would create more chaos and government gridlock.

[53] However, Paterson's administration officials rushed to swear in Ravitch quickly, ahead of the expected legal battles.

[60] Republicans attempted to block Ravitch from taking the oath of office by seeking a temporary restraining order.

They successfully acquired one shortly after 11 pm, signed by State Supreme Court Justice Ute W. Lally.

[63] On July 21, New York Supreme Court Justice William R. LaMarca said that the plaintiffs “have established a likelihood of success on the merits for their claim that neither the Constitution nor legislative enactment authorized the governor to make the appointment," and issued a preliminary injunction which barred Ravitch from carrying out the duties of the office.

[65] On July 30, a four-judge panel of the Second Department of the Appellate Division ruled that Ravitch "can continue serving as lieutenant governor pending a legal challenge over his appointment – but he cannot preside over the State Senate.

David Lewis, attorney for Dean Skelos and the Republican Senate caucus, likened the appointment of Ravitch to the Roman Emperor Caligula's naming of his horse to public office.

[72] Months prior to the passage of the redistricting legislation, the New York Daily News reported that according to Republican sources, adding a 63rd seat "to the current 62-member body would...make political coups like the one that shut down the chamber two years ago more difficult".