Yes he can. On January 3, 2017, there will be 66 Senators prior to the new Senators being sworn in. The Democrats will have the majority for a few minutes. Vice President Biden can appoint Senator Dick Durbin the Senate Majority Leader, and then the Democrats can suspend the rules. If 38 Democrats vote for Garland, then that will be a majority vote. Garland will be confirmed.
I hope they do this. It s perfectly legal, and it is a necessary response given that the Senate didn't do its job in holding a vote.
For more reading, check out way to confirm Merrick Garland