Mathematics is not on the side of Cathy Hochul in the battle for the right to choose Hector LaSalle

ALBANY — Simple math shows Gov. Katie Hochul won’t be able to get her Chief Justice nominee, Hector LaSalle, confirmed by the State Senate — even if she somehow forces a floor vote through an ugly legal battle against her fellow Democrats.

LaSalle needs at least 32 of 63 votes to get confirmed, at least 26 Democrats publicly oppose — and a Senate source told The Post Friday that legislative leaders already have more than six extra votes to ensure their party’s governor is defeated .

“It is no longer about a particular judge, it is about [state Senate Majority Leader] Andrea Stewart Cousins ​​(D-Yonkers) can count on the senators to stick together,” a Democratic insider said.

“The Capitol is littered with political corpses of people who thought they could undermine Andrea Stewart Cousins’ leadership in the Democratic Conference,” the source added, recalling past fights with the likes of the disgraced ex-governor. Andrew Cuomo.

It remains to be seen how far Hochul, who has reportedly moved in recent days to hire legal counsel, how far LaSalle will go to get a vote for him despite the controversy.

“We’re certainly weighing all of our options,” she told reporters Thursday about continuing a lawsuit to override the authority of the Democratic-led committee to unilaterally reject judge nominations.

The State Senate Judiciary Committee on Wednesday took the unprecedented step of rejecting the governor’s nomination for the Court of Appeals, blocking LaSalle’s nomination by a 10-9 margin, dealing a historic blow to the executive branch.

The vote came after Stuart-Cousins ​​allowed the committee to convene without votes, allowing it to add three Democrats and one Republican.

“It’s a very big deal,” three-term Republican former Gov. George Pataki told The Post. “The question is who runs the state in our country – the governor or the radical left in the legislature.”

But even if she heeds his advice to sue the Senate, LaSalle’s defeat seems certain.

Just three Democratic senators — State Senator Kevin Thomas (D-Nassau), Monica Martinez (D-Suffolk), and Luis Sepúlveda (D-Bronx) — have publicly stated they will vote for LaSalle, while a fourth, State Senator Jamaal Bailey (D- from -Bronx) voted in the committee to postpone the nomination for consideration.

A total of 21 Republicans could provide most of the bipartisan majority that could help Hochul approve LaSalle despite the wrath of labor unions, criminal justice reform and others opposed to her judicial choice.

State Senators Simcha Felder (D-Brooklyn) and John Mannion (D-Syracuse) told The Post on Friday they remain unsure how they will vote if LaSalle somehow wins the vote.

Fellow Democrats Jeremy Cooney (D-Rochester), Tim Kennedy (D-Buffalo), Jose M. Serrano (D-Bronx), Jessica Scarsella-Spanton (D-Staten Island), Kevin Parker (D-Brooklyn), Joe Addabbo (Democrat). -Queens), Leroy Comrie (D-Queens) and James Sanders Jr. (D-Queens) provided no comment Friday on whether they could give LaSalle another seven yeses.

On Friday, a Hochul spokeswoman did not comment on how the struggling governor could somehow turn enough Democrats away from Stuart-Cousins, who have won tough legislative battles in the past, such as legalizing driver’s licenses for undocumented people.

“Some Democratic senators are stuck between a rock and a hard place. Both the Senate Majority Leader and the governor can use a carrot and stick approach to get what they want,” said political consultant Jake Dilemany.

“The Senate Majority Leader controls the flow of laws in that body, including which senator gets to legislate. On the other hand, the governor can politically assist senators in marginal districts, including high-profile announcements in their districts.

On Friday, Hochul’s office did not say whether she had asked State Attorney General Letitia James for a legal opinion on whether the state constitution requires a floor vote to make LaSalle the first Hispanic ever to head the state’s highest court.

In any event, James is unlikely to delve into the matter given her role, potentially representing both the executive and legislative branch in litigation, according to her office.

Latinos for LaSalle – a human rights group linked to political consultant Luis Miranda Sr. that is pushing for his confirmation – did not coordinate Friday’s press conference with the governor, in which former Chief Justice Jonathan Lippman argued that Hochul would have strong legal grounds if she will sue. Senate.

LaSalle supporters say there’s still a chance the math will work for Hole if only fenced-in senators learn more about his track record as a Brooklyn appellate judge known for his emphasis on the rule of law.

“I strongly believe in fairness and fairness. I think that those who believe [votes] today might be a little premature. I think we haven’t heard many voices,” former Assemblyman Roberto Ramirez, a lobbyist who works with Miranda and Hispanic Volunteers for LaSalle, told The Post.

But opposition from powerful unions, criminal justice reformers and a growing number of Democratic senators appears to amount to a defeat for Hole, who received a fresh reminder on Friday from Stuart-Cousins ​​of what the numbers are at LaSalle after the committee’s close vote.

“This ongoing attack makes it clear that there are those who do not accept the role of the Senate in this process and will not be happy if we just do not act like a rubber stamp,” Stewart-Cousins ​​said.

“Judge LaSalle was dismissed based on his file and after 5 hours of testimony,” she added.