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Albany, NY - An appeals court has ruled that Richard Ravitch can keep serving as New York's lieutenant governor during a legal fight over his appointment -- but he can't preside over the state Senate.

State Senate Republicans' had challenge Ravitch's appointment, claiming it violates the state constitution. An appeals court in Brooklyn took up the issue today, and vacated a restraining order – meaning Ravitch stays in his post, for now.

Another hearing is set for Aug. 18. That's when the court with take up the issue of whether or not Gov. David Paterson, who appointed Ravitch, had the authority to select a deputy.

Earlier this month, Paterson, a Democratc, tapped Ravitch, a former head of the Metropolitan Transportation Authority, as a way of breaking a monthlong leadership deadlock in the state Senate.

Shortly after Paterson named Ravitch, Sen. Pedro Espada, who sided with Republicans to stage the monthlong coup, rejoined the Democratic conference, restoring a 32-30 Democratic majority.

Republicans cried foul over the Ravitch appointment and today's court decision vacates a July 22nd stay which had placed Ravitch's appointment in limbo.

Paterson's lawyers have said the state Public Officers Law allows him to fill some vacant posts until the next election – including the post lieutenant.

Attorney General Andrew Cuomo declined to represent the governor in the legal dispute, saying he also believed the appointment was unconstitutional.