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Updated 02/19/2010 10:30 PM

Judge Rejects Attempt To Block Monserrate Expulsion

By: NY1 News

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On Friday, a judge rejected an attempt by former State Senator Hiram Monserrate to temporarily block his expulsion by the legislative body.

Judge Upholds Ouster As Monserrate Vows To Run

Do you agree with the judge's ruling on Monserrate, and can the Queens senator win back his seat? Join the conversation on NY1's "The Call" with John Schiumo at 9 p.m., or email your thoughts.

Monserrate filed a federal lawsuit last week that argued his civil rights were violated when his colleagues voted him out after his misdemeanor assault conviction.

In his decision, the judge noted that the special election for Monserrate's Senate seat, which is scheduled for March 16, actually empowers those very voters that Monserrate's lawyers argue have been hurt. The judge went on to say that the special election furthers Monserrate's goal of protecting the voters of his district more effectively than any intervention by the court.

Monserrate's attorney, Norman Siegel, said that it is possible his client may be legally barred from running for his old seat next month.

"There's no constitutional or legal authority for what they did on February 9th in expelling Senator Monserrate," said Siegel.

Opponents of Monserrate called Friday's ruling a victory.

"An overwhelming majority of Republicans and Democrats from every part of the state came to the conclusion that Senator Monserrate's unlawful conduct damaged the integrity of the Senate, and rendered him unfit to serve," said State Senator Eric Schneiderman. "It’s time to move forward and get back to the people’s business."

Monserrate intends to run for his old job and would face Assemblyman Jose Peralta, who has the backing of the Queens Democratic Party.

"I'm knocking on doors, I'm talking to people and people are just saying it's about time, he should just move on," said Peralta. "He should just let it go. People are fed up."

Former City Councilmember Helen Sears may also run, and while she served the council as a Democrat, Republican leaders are considering supporting her as their candidate.

Schneiderman, however, said Monserrate should stay out the race.

"I think it would be a good time for Senator Monserrate to take a look in the mirror, accept responsibility for his own conduct," said Schneiderman. "Maybe get to the counseling sessions he's apparently been skipping, rather than running again."

Some of Monserrate's constituents in Jackson Heights approved of the ousted senator running in the special election.

"I think that everybody deserves a second chance. If he was doing a good job before, I think he should go back," said one Queens resident.

"I mean, his responsibility is towards the people. The people are his supporters and he should stand by his people," said another.

"You know, for the past nine or 10 years he was doing a great job. We never had a problem with him. So hopefully he might continue doing a nice job," said a third.

In the end, the people of Queens will have the final say on who will serve them in the State Senate.