Assembly Speaker Sheldon Silver told reporters on Monday he would advise Gov. Andrew Cuomo to call for special elections for the 10 vacancies in the Senate and Assembly.

But he said it’s likely that whoever wins those races would be seated after the budget is approved.

“I would advise him that we should,” Silver said before he formally started the first day of the 2014 legislative session at the Capitol. “The problem is that by law we would miss the budget enactment and once the budget is enacted there isn’t a lot that would be considered between now and the end of the year.”

But he also stressed it was the governor’s decision to whether to call the special elections to fill the seats or wait until they are up for election in November to fill them.

“I’m saying it’s something the governor is going to have to make a determination on,” Silver said.

The most recent vacancy, of course, was caused by Assemblyman Dennis Gabryszak, a western New York Democrat who stepped down on Sunday following a series of sexual harassment allegations.

“I called upon him to resign if the allegations were true,” Silver said on Monday. “I would assume that if enough of those allegations were true, he followed my advice and resigned.”

It remains unclear what the chamber’s Ethics Committee will do about the Gabryszak case, just one of three in the last year to surface in the Assembly.

A civil suit involving Gabryszak will continue, but it’s up to the lawmakers on the ethics panel to determine whether they will keep investigating themselves.

“The Ethics Committee will make the determination as to what they’ll do,” Silver said.