Attorneys for Governor David Paterson will file an appeal today in Brooklyn, a day after a Long Island judge issued a preliminary injunction, preventing Richard Ravitch from acting as lieutenant governor.
Earlier this month, Paterson named Ravitch to the post in an effort to break the month-long Senate deadlock.
Republicans argued that Paterson does not have the constitutional power to name a lieutenant governor and must wait until next year's election.
A spokesman for the governor called the appointment legally sound and said they are confident the appellate courts will ultimately rule in their favor.