Aubertine in home district while 'present' in Albany

State Sen. Darrel J. Aubertine, D-Cape Vincent, wasn't physically present at Thursday afternoon's extraordinary Senate session.

Mr. Aubertine, his spokesman said, returned to the district to attend to business. He asked the journal clerk to mark him as "present," which automatically puts him as a "yes" on all bills that come to a vote.

Mr. Aubertine received permission to leave Albany by Sen. Malcolm A. Smith, his conference's majority leader.

Gov. David A. Paterson's spokeswoman said that what he did was permissible.