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The court heard arguments in Brooklyn Tuesday, but did not issue a ruling.

During the 90-minute hearing, the four-justice panel questioned the appointment by Governor David Paterson.

"There simply is no authority for your position. None. Two hundred years have made very clear that what the people want are elected officials," said New York State Appellate Justice Thomas Dickerson.

The hearing comes six weeks after Paterson picked Ravitch to break the month-long stalemate in the State Senate.

Republican lawmakers argue the move is unconstitutional, but the Governor claims state law allows him to fill the Lieutenant Governor position until next year's election.

"All I want any judicial body to tell me is if I became incapacitated who is next in line, since there have been four different presidents of the senate in the last eight months," Paterson said. "So I thought this was an absolution to the problem. I will abide by the court's decision."

Last month, the court ruled that Ravitch can remain in the post, but he cannot preside over the senate while the case is still in court.

The post has been vacant since Paterson left the position to become Governor in the wake of Eliot Spitzer's resignation.