GOSHEN – The Orange County Board of Elections (BOE) on Monday certified Republican Paul Ruggiero as the winner of a Town of Newburgh council race by one vote over Mary Lou Carolan, following litigation that has continued since November.
However, Carolan is expected to remain in office, pending her appeal, which will be heard by the Supreme Court, Appellate Division, Second Department on May 8. Carolan’s attorney, Michael Treybich, said the Appellate Division would likely render a decision very quickly.
“We disagree with the Court’s order, are hopeful that the Appellate Division will reverse it, and my client looks forward to serving the people of the Town of Newburgh as Councilmember while this resolves itself through the court system,” Treybich said.
Meanwhile, Ruggiero’s attorney, Adam Fusco, took a victory lap on Monday, declaring victory.
“After months of litigation, today, in open Court, the Board of Elections certified Paul Ruggiero as having received the second highest number of votes in this election for two town council members. Paul beat his opponent by just one vote,” Fusco said. “This election is proof positive that every single vote matters.”
Two town board seats were initially won by two Democrats, Mary McLymore, who received 3,292 votes, and Carolan, who garnered 3,226 votes in November. Ruggiero, a Republican, finished with 3,224 votes. However, after 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 in November’s election.
Orange County Supreme Court Justice Sherri Eisenpress ruled last month that the BOE should recount the ballots. Per State Law, the Court lacks authority to remove Carolan from the seat and the Court indicated that it may grant a stay of her order pending the appeal.
Comments