ALBANY, N.Y. (NEWS10)–A lawsuit has been filed by a New York Republican State Senator who wants the full Senate to vote on Judge Hector LaSalle’s nomination for Chief Judge.

This story was first reported by the New York Post. A three page court document filed in Suffolk County shows that Republican Senator Anthony Palumbo is suing the New York State Senate and Democratic Senators including Leader Andrea Stewart-Cousins.

Back in January, Judge Hector LaSalle’s nomination for Chief Judge of the Court of Appeals was struck down by the Senate Judiciary Committee.

Although LaSalle was nominated by Democratic Governor, Kathy Hochul, some Senators in her own party thought he was too conservative.

Senator Palumbo motioned to bring the nomination to a floor vote by the full Senate, but the hearing adjourned soon after the committee vote took place.

The court document stated that Democratic lawmakers are being summoned to answer to Palumbo’s complaint.

In a statement, Senator Palumbo said, “The New York State Constitution is clear, Judicial nominations must be considered before the full State Senate. As such, the Judiciary Committee, no matter its size, serves only as an advisory body, providing “advice and consent” to the entire Senate Membership. Justice LaSalle is entitled to an up or down vote by the full State Senate, not as a courtesy, but because the Constitution requires it.”

Leader Andrea Stewart-Cousins press person, Mike Murphy, stated “We have not been served regarding any lawsuit. It is embarrassing but not surprising that the Senate Republicans have no basic understanding of law or the constitution.”

Governor Kathy Hochul’s Office is declining to comment on the lawsuit filed by Palumbo.