 On the same day, Monserrate rejoined the Democratic caucus, leaving the Senate in a 31-31 deadlock.With the office of Lieutenant Governor vacant due to Eliot Spitzer's resignation, the tie could not be resolved, and the resulting legislative deadlock continued until July 9, when Espada rejoined the Democrats.On December 2, 2009, Monserrate voted against legislation allowing same-sex marriage, which failed to pass the Senate.