In the aftermath of Tuesday night's historic vote to expel Hiram Monserrate from the Senate following his misdemeanor assault conviction, the now former Queen's lawmaker has a lot to say about his expulsion. Already, the legal challenge is underway as Monserrate is claiming the Senate lacks the authority to expel one of its members. Our Bobby Cuza reports.

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

"I will continue to serve. I will continue to help be a problem solver," said Monserrate.

And Monserrate continues to be in the spotlight. At a press conference Thursday, he announced he's filed a federal lawsuit challenging his expulsion from the state Senate.

Monserrate was convicted last October of misdemeanor assault for dragging his girlfriend through his Queens apartment building. Though acquitted of more serious felony charges, his colleagues found him unfit to serve and voted overwhelmingly to oust him, something Monserrate and his lawyers say they had no constitutional or legal authority to do.

"There is no explicit language in the New York state constitution to allow for expulsion," said Norman Siegel, and attorney for Monserrate.

"The New York state Senate is not a club. It can't just decide who it likes and who it does not like and then determine to remove a member as if it was a country club," said Dr. Steven Hyman, another attorney for Monserrate.

Monserrate's attorneys argue he was also deprived due process. The Senate brought no specific charges against him and he was not allowed to hear evidence or cross-examine witnesses. Some voters in his district also joined in the suit, arguing they've been disenfranchised.

"I've always been very clear that the proper course should be that the voters decide," Mosnerrate said.

Voters may get to decide who replaces Monserrate in a special election next month. Assemblyman Jose Peralta is considered by many to be the frontrunner. He has the backing of Queens County Democratic leaders and on Thursday was endorsed by City Council Speaker Christine Quinn. But Monserrate has asked the judge to block that election and his lawyers say the judge will decide whether to reinstate Monserrate, at least temporarily, before the Senate returns to session February 22.

Without Monserrate, Senate Democrats outnumber Republicans just 31 to 30. And 32 votes are needed to pass legislation, which means until someone fills Monserrate's seat, it will difficult to get anything done in Albany.