On Governor Paterson's list to replacing Senator Clinton, familiar names: Nassau County Executive Tom Suozzi, Manhattan Congresswomen Carolyn Maloney and Kirsten Gillibrand from the Hudson Valley. However, Paterson's list almost makes it seem the job is Caroline Kennedy's to lose.

"I'm going to sit down and talk to her, and make my decision based on that," Paterson said.

It's of course his decision alone, and critics increasingly say Paterson's running a secretive selection, which the governor himself admits isn't ideal.

"The best thing about the whole process is that the public will get to review this choice in 2010," Paterson said.

In the meantime, it's now an election process not behind the voters' curtain, but behind closed doors. For instance, want a full list of whom Paterson's considering? The governor's office says it's confidential. Is Attorney General Andrew Cuomo's name on it? That's confidential as well. Paterson calls it a matter of privacy.

But one expert on freedom of information argues it shouldn't be a secret.

Gerald Benjamin is a critic. He helped establish how New York City Council vacancies are filled. He prefers a temporary placeholder, some say like Bill Clinton. Paterson has shot that idea down.

"Other states also give the governor the sole appointment power and a scandal in one shows, abuse is possible," Benjamin said.

While Paterson said he's after the state's best interests, he's also banking on a new senator's political and fund-raising prowess for his own benefit. After all, in 2010, they'll likely be on the ballot together.