David Paterson announced this afternoon that he would appoint a Lieutenant Governor to fill the office left vacant when he succeeded governor Spitzer on the latter's resignation. Via press release:

Governor David A. Paterson today announced the appointment of Richard Ravitch to serve as Lieutenant Governor. The Governor announced the appointment in a televised statewide address during which he spoke about both the fiscal and government crises facing New Yorkers.

Mr. Ravitch has been called to public service numerous times throughout his career by Governors and Mayors at times of historic crises and he will now join Governor Paterson in his efforts to put New York on the road to recovery.

If one were to pick someone to fill the post in the current miasma of dysfunction, Ravich seems like an obvious choice, as someone known better for technocratic expertise than partisanship. If the governor makes this stick, the Senate might begin to function again, given his role in breaking ties in that body. Of course, that would require that the Senate muster a quorum, which seems unlikely these days.

Of course, there's always a fly in the ointment. Attorney General Cuomo's office released a statement calling the idea unconstitutional.

"The State Constitution explicitly prescribes what occurs when there is a vacancy in the Office of Lieutenant Governor. In such circumstance, article 4, § 6 states that "the temporary president of the senate shall perform all the duties of the lieutenant-governor during such vacancy . . . ."

"Article 4, § 1 of the Constitution expressly provides that "the lieutenant-governor shall be chosen at the same time, and for the same term" as the Governor. The Legislature did not authorize a Governor to bypass this provision of the Constitution and fill a vacancy in the Office of Lieutenant Governor pursuant to Public Officers Law § 43.

Arguing for the constitutionality of Paterson's naming of Ravitch is a coalition, apparently newly established, with some of the best legal minds in the state.

If Paterson makes this stick, despite what seems a clear reading of the law - not a lawyer here - it's not going to fix everything. There just is not a clear majority in the upper house, and won't be until an election or defection changes the balance of power yet again.

But you know what the most satisfying result would be? That Pedro Espada - check out the man's arrogance, asinine self-regard and sense of entitlement in the newest issue of New York Magazine - will not be even acting governor if something should happen to Paterson. Maybe we've just been spared the nightmare scenario of an acting governor Espada.

Update, twenty-four hours later: Rosalie was right. The Democrats were talking to Espada. In short, all those sources who said they'd never take him back were either ill-informed or liars.