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State Sen. Hiram Monserrate Hiram Monserrate may be headed back to court after he was convicted of a misdemeanor assault charge for dragging his girlfriend through his apartment lobby.
But this time lawmaker plans on going back to court to fight his expulsion from the Senate. He is filing a suit in federal court to block a special election March 16 to replace him.
According to the Associated Press, the New York Senate voted 53-8 voted to oust Monserrate. The vote makes Monserrate the first sitting state lawmaker expelled since 1861.
As previously discussed, the NY Senator and ex-cop, Monserrate was convicted of misdemeanor assault for dragging his bleeding girlfriend Karla Giraldo through the lobby of his apartment building.
Monserrate was sentenced to three years probation and domestic abuse counseling.
His girlfriend Karla Giraldo said it was an accident when Monserrate smashed a glass into her face, causing bloody injuries that required 40 stitches.
Monserrate apologized for any discredit his conduct brought to the Senate. But Monserrate's colleagues have said his conduct damaged the integrity of the Senate.
During his 13 months as a state senator Monserrate teamed up with both the Republicans and the Democrats. He has proven to be useful to both parties.
Monserrate says, an expulsion from the Senate would be an injustice to the people who elected him.
Gov. David Paterson, a Democrat, said he will call a special election for March 16 to fill the seat.
Monserrate and his attorney Steve Hyman plan to file a federal lawsuit challenging his removal. In addition, they plan to seek court orders preventing officials from removing him or holding a special election to replace him.