Control of NYS Senate Rests On Court Decision

An appeal has been filed in the wake of a court decision awarding New York's 46th district Senate seat to Republican George Amedore. WAMC's Dave Lucas reports.

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Court papers were filed Wednesday by Democratic candidate Cecilia Tkaczyk: she is appealing a Montgomery County judge's decision to invalidate 333 absentee and affidavit ballots in her race against Amedore.

Acting Supreme Court Justice Guy Tomlinson certified Amedore the winner last week after supervising the ballot count which placed the Republican 37 votes in the lead.

According to The Albany Times-Union--- Tkaczyk's appeal says Tomlinson ruled improperly in the cases of several large piles of contested votes.

Amedore's campaign is expected to file a formal reply to Tkaczyk's appeal by Friday; the case is scheduled to be argued in Albany on Jan. 7 — two days before the state Senate is scheduled to formally convene. The paper says a win by Amedore would give the GOP an outright majority.

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