“Until the election, the vacancy will be filled by the State Assembly and State Senate, which under New York’s Constitution make the choice by joint ballot. That effectively places the decision in the hands of the Assembly, which comprises an overwhelming majority of the state’s legislators and is dominated by Democrats
“The effective choice is with the Speaker,” said Gerald Benjamin, a political science professor at SUNY-New Paltz, referring to Carl E. Heastie, the leader of the Assembly Democrats.”
“New York’s solicitor general, Barbara D. Underwood, will lead the office in the meantime, according to Amy Spitalnick, a spokeswoman for the attorney general’s office. Ms. Underwood, a graduate of Harvard and Georgetown, has argued 20 cases before the Supreme Court and served as a clerk for former Justice Thurgood Marshall.”