GOSHEN – Republican Town of Newburgh Councilman Paul Ruggiero on Tuesday filed an Order to Show Cause (OSC) in Orange County Supreme Court seeking to determine the accuracy of the canvass of all ballots in November’s election.
Two town council seats were won by Democrats Mary McLymore (3,292 votes) and Mary Lou Carolan (3,226). Ruggiero, who could not be reached for comment on Tuesday night, finished with 3,224 votes. Ruggiero’s filing requests that Carolan not be sworn into office until his legal counsel can appear before Justice Sherri L. Eisenpress to argue that 22 votes were improperly tallied during a manual recount.
It also asks the Orange County Board of Elections to amend the voting certification to certify the correct vote tally to declare Ruggiero the winner of the election. According to Zak Constantine, chairman of the Orange County Democratic Party, Town of Newburgh Supervisor Gil Piaquadio has indicated to Carolan that he is not comfortable swearing in anyone who is involved in a “contested election.”
“Since she has also been certified the winner of the election for town council, Carolan is also legally entitled to take office, pending the outcome of Ruggiero’s challenge, and she intends to file the necessary paperwork before the end of the year,” Constantine said.
Piaquadio could not be immediately reached for comment.
“If the town clerk refuses to accept Mary Lou’s oath of office, she should expect to be named as a defendant in the lawsuit that will be brought against her personally,” added attorney Michael Treybich, who is representing Carolan.
The matter is scheduled for court on January 12th.
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