The order came down Monday afternoon and is likely an attempt to end the power struggle in the Senate that has been going on for more than two weeks.

Our Albany sources say lawyers for the Republicans are immediately appealing the decision Tuesday.

Governor Paterson had mandated emergency sessions last week to help senators come to an agreement on state issues such as gay rights and budget spending.

Paterson said the judge's order found that the separate Senate sessions held by state Democrats and Republicans was "a fiction" and a violation of their oaths to the people of New York State.

"The decision rendered by Judge Gereci confirms what we've believed all along, which is all the excuses, all the distractions and all the arguments have been just that. There are no constitutionally-based charges that can be sustained arising from the Senate. And that each senator who is in violation of the order to come to the special session has violated his or her oath of office," said Paterson.

The governor added that Tuesday is a critical deadline to get some legislation passed before they expire.

Governor David Paterson