Democratic Senators say they will have all 32 members at the Capitol Tuesday to be able to vote and hopefully pass a state budget. The budget is nearing the record. The latest budget ever was passed on August 11th back in 2004. Our Erin Billups has more on what we can expect at the Capitol on Tuesday.

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ALBANY, N.Y. -- State lawmakers are still struggling to reach a consensus that would give SUNY and CUNY schools more autonomy and would also clear the way for the Senate to pass the final budget bill, but lawmakers say one man is making it difficult.

"There has been resistance, reluctance on the part of the executive to actually close it down or embrace something other than what they've proposed. Even if the suggestion is a new proposal it has to be from them, that's been somewhat problematic," said Assemblywoman Deborah Glick.

Glick, who is chair of the Assembly's Higher Education Committee, is not alone. Both Senate and Assembly sources say Paterson is not working with them.

"This is about relevancy and legacy and the governor understands that once that budget is finished he becomes largely irrelevant it becomes about Andrew Cuomo and the future, not the past which he will represent," said democratic consultant, Hank Sheinkopf.

Many say the longer the higher education battle continues, the more Paterson can berate lawmakers.
The Governor though calls all the fingers pointing at him mere distraction.

"They have a budget of their own, they have a budget and they've never passed it. That's why I won't negotiate with them," Paterson said.

Richard Gottfried, who heads the Assembly's Health Committee says he believes the problem is beyond Paterson.

"I don't see any road map from here to there of getting that revenue bill passed, given the divisions within the Senate. So yeah, it's extremely frustrating," Assemblyman Gottfried said.

Lawmakers will convene Tuesday and are progressing at a quicker pace toward reaching a deal on the FMAP contingency plan that would likely include an up to two percent across the board spending cut if the state doesn't receive federal Medicaid funding.

But as lawmakers continue to wrestle over the SUNY/CUNY Empowerment Plan, they're also inching closer to what could be the latest budget on record.