NY political battle going to state court

(AP) - A New York judge may finally settle a weeklong power struggle in the state Senate.State Supreme Court Justice Thomas McNamara is scheduled to

ALBANY, N.Y. - (AP) - A New York judge may finally settle a weeklong power struggle in the state Senate.

State Supreme Court Justice Thomas McNamara is scheduled to rule on the case Tuesday. Republican and Democratic senators failed to work out a power sharing agreement following the shocking revolt June 8 by a coalition of Republicans and two dissident Democrats that upended Democratic control of the chamber.

The courts are reluctant to get involved in the workings of another branch of government, but McNamara has made it clear Monday that he will act if the politicians don't.

Any action by McNamara this week is likely to be appealed by the loser to a midlevel appellate court.

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