Hours after Republican state senators held their first session since taking control of the body earlier this week, an appeals judge issued a ruling Thursday evening prohibiting dissident Democrat Pedro Espada Jr. from being in line to succeed the governor should the job be vacated.

The ruling was the latest in the ongoing battle for Senatorial control since Espada and Hiram Monserrate joined Senate Republicans in an attempt to seat new leadership on Monday.

The Senate's 30 Republicans, plus Espada and Monserrate, were accosted by dozens of protesters as they walked into the legislative session Thursday. No other Democrats were in the chamber, with some calling it a "a sham session."

Moments into the session, Monserrate, who told NY1 Wednesday that he was wavering in his allegiance, walked out. He said he wanted to call more Democrats to come join the meeting.

The Republicans charge that Democrats had hidden all bills and documents needed to conduct business.

"The reality is that we need to continue to give them the opportunity to participate," Monserrate said. "This chamber must not remain divided. So I am going to excuse myself from these chambers. I've been marked present, obviously I've been informed that there is no active list, that we won't be taking any legislative action and if there is, and then I will be voting no to that because I am not here to cast a vote today."

Some Republicans say they're hopeful more Democrats will show up Monday.

"I believe there will be additional members here Monday," said Republican State Senator Martin Golden. "I've talked to several of them myself and there are people in the Senate Democratic conference that see the value in a coalition government."

The session was green-lighted after a state judge denied a request by former State Senate leader Malcolm Smith for a temporary restraining order.

About 20 representatives for Smith and the Democrats were in court Thursday morning seeking an injunction and temporary restraining order to prevent Republicans from conducting what they call an unlawful legislative session.

State Justice George Ceresia denied granting the temporary relief order, saying that he did not have the power to issue one.

The case will go before Albany Supreme Court Friday morning at 9:30. Republicans argue they did not break any rules during Monday's takeover.

So far, Democrats have resisted Governor David Paterson's call to return for a new Senate leadership vote. Paterson said the lawmakers owe it to taxpayers to do their jobs and address the issues facing the state.

"If the members of the Senate want to replace the leader, that's not my issue," said the governor. "We're not doing the people's issues. We have invaded and interrupted the government process during the last two weeks of the session for something that should have been resolved prior to this session something that is political in nature."

Paterson says he hopes the Democrats prevail, but pledges to work with whoever wins leadership.

Constituents Critical Of Espada's Decision

In the northwest Bronx district of coalition leader Pedro Espada, some constituents say they feel their senator abandoned the party and them.

"It's kind of ridiculous, but seriously, because to be honest with you, I cannot understand exactly being in a one party body for one reason for a long time, and then switch it suddenly just like with out another reasons," said one voter. "How can you explain that to the people?"

"They should be acting like adults; they shouldn't be acting like children," said another.

"It's really awful," said a third. "The fact of the matter is we have a dysfunctional state Legislature and it's really sad."

Meanwhile, Espada has been long been accused in residing in upstate New York, outside his district. A spokesperson for the senator says his home in Westchester County was broken into.