Just more than two weeks ago, the Senate convened to vote on a controversial resolution to oust Queens Senator Hiram Monserrate following his misdemeanor assault conviction. It was a historic move, marking the first time in more than a century that the Senate has removed one of its members and it also brought the chamber to an interesting crossroads, as the Democratic majority is now down to 31 members, one vote shy of the requisite number to pass a piece of legislation. Capital Tonight's Kaitlyn Ross has more.

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"It was legal, it was constitutional, it's unfortunate they chose to act in such a childish way,” said Breslin.

And the debate drags on. On Tuesday, just the second day of session since Queens lawmaker Hiram Monserrate was expelled, the Senate's 31 Democrats and 30 Republicans fought over what it takes to confirm a gubernatorial appointment.

"The vote was good, the vote was legal,” said Breslin.

"They certainly believe they were correct, but they were incorrect,” said Libous.

Both Democrats and Republicans claim the law was on their side when it came to the confirmation of Betsy Gotbaum to the Parole Board and Charles Diamond to the Racing and Wagering Board.

Republicans claim they weren't allowed enough time to vet the candidates, so they voted in unison against the appointments, but Democrats argue since they were appointments, and not a bill, they didn't need Republican support.

"I upheld the ruling, it was a proper ruling,” said Breslin.

The exact language of Mason's Law, which both sides cite to argue their case, reads, “A majority of the legal votes cast, a quorum being present, is sufficient to carry a proposition unless a larger vote is required by a constitution, charter, or controlling provision of law.”

"They’re interpreting it very loosely and that's what goes on here. Anyone who's witnessed what's in the chamber,” said Libous.

Republicans called the votes to confirm an outrage and while they decided not to take the matter to court, said they strongly considered legal action.

"I’m not the least bit nervous about them going to court; this would be held up in court,” said Breslin.

"I'll tell you what, we'll continue to enforce what we believe the rules are,” said Libous.

While neither side seems to be backing down, they both lack the votes to back it up, legislatively, before the March 16th special election to fill Monserrate's seat.

Democrats may have the 31 votes to confirm appointees, but they're still missing the 32nd vote necessary to pass bills.