Hearing set in suit to block Monserrate expulsion from Senate
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ALBANY, N.Y. -- A federal judge has set a hearing for next week on whether to temporarily block the expulsion of Hiram Monserrate from the state Senate.
The Democrat from Queens is looking to reverse his removal and prevent a special election that's been set for March 16 to replace him.
The Senate voted 53-8 on Tuesday to immediately expel Monserrate following his conviction on a misdemeanor assault charge.
Monserrate said the Senate has denied him due process and does not have the right to remove him.
Monserrate was convicted of a misdemeanor for dragging his girlfriend through his apartment lobby in December 2008, but he was acquitted of a felony assault charge accusing him of slashing her face. If he had been found guilty of the felony, he would have automatically lost his seat.
The hearing is set for Thursday, Feb. 18.