In the wake of last night’s do-nothing extraordinary session, a clearly frustrated Gov. David Paterson threatened this morning to take the Legislature to court if lawmakers continue to flout his efforts to bring them back to Albany to finish the budget.

“If they keep it up, we’re going to go to court, which can compel them by contempt to follow the rules,” Paterson told WOR’s John Gambling. “…My problem is just getting them in the room right now.”

The governor noted that there is precedent for court action in connection with extraordinary sessions. He used this tactic during last summer’s Senate coup. The Senate responded by gaveling in and gaveling out, day after day, without taking up any legislation.

In the end, five Democrats and four Republicans failed to show up last night for the session called by the governor, which legislators are technically legally compelled to attend.

UPDATE: Because several people have asked – and I was curious – here’s who wasn’t around last night…

Dems: Malcolm Smith (as reported, he’s on vacation), Joe Addabbo, George Onorato, Tom Duane and Bill Perkins. A Senate Dem spokesman says Duane and Perkins were late and marked “present” later because the roll was left open.

GOPers: Vincent Leibell, George Maziarz, George Winner and Bill Larkin (overseas on vacation, I’m told). All the Republicans were officially “excused”.

Paterson took to the airwaves – his preferred mode of communication – to slam the lawmakers, calling those who couldn’t return to Albany because of previously-scheduled vacations “brazen”, adding: “That’s why you should have passed the budget in June.”

The governor said he thinks the Legislature owes both him and New Yorkers an “apology”, noting that the Senate Democrats insisted during a verbal tussle last night with the Republicans that he had failed to deliver bills for the extraordinary session.

“The Republicans were the ones that pointed out that I actually did deliver the bills to the Senate,” Paterson said. “…I think they owe me an apology, frankly,” he added of his fellow Democrats.

Paterson said his patience is “running out” and warned that if today goes the way last night did (the Legislature is due back in session at 10 a.m.) then he will call special sessions every single day next week, adding: “They’re going to stall by staying in Albany until November.”

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