Following a brief special session ordered by Governor Paterson and later bolstered by a judges ruling Tuesday, the State Senate continued its stalemate as the midnight deadline for mayoral control of city schools came and went.

Earlier in the day, Paterson who called the lawmakers "a bunch of inadequate, do-nothing state senators," justified his decision with Monday's decision by a judge that gathered all 62 state senators in Albany's Capitol for the first time in a week on Tuesday.

However, Republicans filed an appeal of that judicial decision, which was later overruled by a five-judge panel.

In order to not be in contempt of court, Republicans arrived at the morning session but refused to recognize Democratic leadership. The first session was adjourned within 20 minutes.

Democrats held a second session at noon and attempted to pass bills but Republicans did not participate.

The divided legislative body was facing a list of time-sensitive bills, including mayoral control of city public schools, a half-percentage point increase of the city's sales tax that would have provided $60 million and, according to Democrats, $7.2 billion in federal stimulus funds for the state.

For a brief while, Democrats thought they had a quorum Tuesday because Republican Queens Senator Frank Padavan entered the Senate chamber. However, Paterson said he would not sign any bills passed at the second session, after speaking with Padavan and learning that the Republican senator entered and left the room before the Democrats gaveled in.

"Session had not begun, I headed into the lounge. As I was going into the lounge they said the session had begun apparently, while I was in lounge," Padavan said. "I heard them doing prayers and pledge of allegiance, which is normal procedure. So I was clearly not in there during the session."

Paterson, addressing a meeting of educators and a video conference screen bearing the image of Mayor Michael Bloomberg, became infuriated upon learning that the presumed Democrat-led quorum was not real.

"There'd better be an explanation for this circus that's gone on this afternoon," said the governor. "This is no time to be playing games with the issues of the people of New York."

"I would hard-pressed to explain to the students in our school system this kind of democracy," said Bloomberg. "We're trying to decide whether or not there's a quorum based on whether somebody walked in or not. I've heard stories that Padavan did walk in, I've heard stories that he was just in the lounge, I've heard stories that he didn't walk in. That has nothing to do with it.

"The bottom line is all of these people who we are paying should come into the Senate and should bring up the pieces of legislation that the public need," continued the mayor. "And they should all stand up and tell everybody where they stand."

The two conflicting parties have led separate sessions for the last five consecutive days.

Two groups of 31 state senators have been fighting for majority control since a controversial June 8 vote that may have overthrown the majority leader, Senator Malcolm Smith.

"Everyone came into the chamber at once. The Republicans made some self-serving posturing statements," said Democratic Manhattan Senator Eric Schneiderman about the morning session. "We attempted to raise again the issue of a bipartisan operating agreement that would put aside the issue of who's temporarily president of the Senate and enable us to pass bills."

"If only the Democratic conference would understand that they cannot steal an election and steal a majority vote that was held on June 8," said Democratic Bronx Senator Pedro Espada Jr., who has deflected to the Republican conference. "Imagine a country where all you have to do is have a temper tantrum and steal democratic rule. We can't have stand for that, and nor will the people of the State of New York."

Monday's court decision was originally seen as a victory for Governor David Paterson, who has been trying to force the Senate to get back to work by ordering them to hold special sessions each day since the legislative session ended last Monday.

In the case of city public schools, the Board of Education - an appointed board that hasn't existed for seven years - is now technically in line to take over.

Senate Democrats on Monday said they will no longer discuss who will lead the chamber, and instead called for a temporary agreement to allow the senate to pass a series of routine bills.

Republicans are demanding that both sides agree on leadership of the chamber that will be in effect through the end of the state Legislature's term at the end of 2010.