They won’t get pork-barrel money and per diems, and now Comptroller Thomas DiNapoli said he’s going to move to withhold senators’ pay during the leadership standoff.

Democrats already said they’ll take the matter to court.

“We don’t think there is any legal justification for withholding the pay,” said Senate Democratic spokesman Austin Shafran.

DiNapoli’s office had indicated last week that legislative pay could be off limits because the state constitution says their pay can’t be altered during their term.

But DiNapoli thinks it’s doable.

Here’s DiNapoli’s statement:

“Shortly after the Senate leadership controversy arose, I directed my staff to stop processing any Senate vouchers, including those for Senators’ travel. To date, we are holding more than 250 vouchers, totaling $560,000.

The question of withholding Senators’ pay has raised complicated legal and constitutional issues. My staff has been meeting with Governor Paterson’s staff to resolve those issues. These discussions are ongoing.

Out of respect for the separation of powers, I have strived to avoid inserting my office into what is essentially an internal matter within a separate branch of government. But the deadlock in the Senate is undermining the ability of state government to function. Taxpayers are paying a very high price. The stalemate is costing taxpayers across the state millions of dollars a day.

As the state’s fiscal officer, I have a responsibility to taxpayers to safeguard their interests. These are difficult fiscal times. The state needs leadership and action.

I have instructed my staff to initiate the process to hold Senators’ pay. I have also filed suit in Supreme Court seeking declaratory judgment to clarify the Constitutional and statutory obligations surrounding this matter.

Every elected official has a duty to serve the people of this great state. I urge Senators to resolve their differences now. The people of New York deserve no less.”