From PostStar.com:

An appeals court Thursday struck down Gov. David Paterson’s appointment of a lieutenant governor, upholding a constitutional challenge to a move spurred by a paralyzing political drama in the state Senate.

The decision at least temporarily prevents longtime government adviser Richard Ravitch from serving as the state’s second-highest executive, though the case is expected to go on to the state’s highest court, the Court of Appeals.

The appellate panel said no state law or constitutional provision allows the lieutenant governor’s post to be filled by anything but an election, making the appointment unlawful.

The decision upheld a lower court’s order blocking Ravitch from holding the post, an order that had been stayed while the Supreme Court’s Appellate Division considered the case.

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