The New York State Supreme Court in Orange County will hear a motion filed by Mary Lou Carolan’s attorney on Monday, requesting that the Orange County Board of Elections (BOE) turn over copies of ballots that were ruled invalid last month.
On March 26, Supreme Court Justice Sherri L. Eisenpress declared that 14 of Carolan’s ballots in November’s election were invalid. In the absence of an appeal, Justice Eisenpress is expected to order the BOE on April 13 to certify Republican incumbent Paul Ruggiero as the winner of the November 2025 general election for one of two Town of Newburgh Council seats.
Carolan, a Democrat, has served as a council member since January.
“This motion is the first step in the process of appealing the decision, which we disagree with,” said Carolan’s attorney, Michael Treybich of Poughkeepsie. “Any celebration of victory is premature, as a notice of appeal has already been filed, and we anticipate a speedy decision from the Appellate Division, as Election Law matters receive first priority.”
Treybich contends there remains some question as to whether the court can or will remove her even if the decision stands. He said “only the Attorney General has the power to bring a quo warranto action to remove an elected official who has usurped public office.”
Two Town Board seats were initially won by Democrats Mary McLymore, who received 3,292 votes, and Mary Carolan, who garnered 3,226 votes. Ruggiero, a Republican, finished with 3,224 votes. However, following the election, Ruggiero filed an Order to Show Cause (OSC) in Orange County Supreme Court seeking to determine the accuracy of the canvass of Carolan’s ballots.
According to Ruggiero’s attorney, Adam Fusco, the election had “been plagued by irregularities and inconsistent rulings.”
Fusco said he is confident that Ruggiero will be sworn in for another term later this month.
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