After being expelled from the New York State Senate following a misdemeanor assault conviction, Hiram Monserrate continues to vow to fight any attempt to remove him. Capital Tonight's Kaitlyn Ross joined us in the newsroom with more on the fallout from Tuesday's vote.

ALBANY, N.Y. -- The process to remove Queens Senator Hiram Monserrate has already begun. His official Senate website has already been taken down and he has started to clear out his office at the Capitol, but Monserrate says that while his website may be down, he's far from out.

"I have been working, I will continue to work," Monserrate said.

Monserrate continues to insist he will hold onto his seat, despite the overwhelming vote to remove him. And he's not alone in his optimism. His ally in the Senate, Pedro Espada Jr., is so confident Monserrate will be vindicated that he's offered to go to court himself.

"This is a complete miscarriage of justice and one that will end up in the court system I'm sure. And I will be more than eager to write an amicus brief on behalf of Senator Monserrate, because it's not just about Senator Monserrate. It's about the Senate, the constitution of this state and the United States of America," Espada said.

And court is exactly where this case is headed next. Monserrate and his team of lawyers intend on filing a temporary restraining order Thursday morning.

"His appeal is alive, he's going to have his appeal," Espada said.

But legal experts say that appeal is a long shot. And Governor Paterson has already called for a special election to fill the seat on March 16th. Until then, Democrats only have 31 votes, when 32 are needed to pass bills. Meaning they will have to work with Republicans to pass legislation, or wait a month to get anything done.

Meanwhile, there are questions about whether or not the 31 Democrats can even agree on key decisions going forward. After a heated closed door meeting on Tuesday, Senator Ruben Diaz suggested that conference leader John Sampson no longer had control.

"We have no leader," Diaz said. "John Sampson is not our leader."

Several other Senate Democrats we spoke to disagree with Senator Diaz, saying they have more confidence in Sampson than ever following this vote.

We also learned Wednesday that discussion in that six hour long Democratic conference meeting got so heated at one point that Senator Kevin Parker and Senator Jeff Klein almost came to blows before Sampson held Parker back.