Watkins Glen, NY (November 16, 2020)—A New York State Supreme Court Judge has thrown out the lawsuit filed by Democratic candidate for NYS Senate Leslie Danks Burke against the Schuyler County Board of Elections.
In court on Monday, (November 16) Justice Christopher Baker
agreed with the motion to dismiss filed by Schuyler County Attorney Steven
Getman on behalf of the Board of Elections and dismissed the case in its
entirety. According to the motion papers,
Danks Burke did not follow New York law to obtain jurisdiction over the Board.
The motion papers also stated that further proceedings, if
any, would have shown the election count was done in accordance with New York
State law and was decided on unanimous agreement of both election
commissioners: Republican Joseph Fazzary and Democrat Carolyn Elkins. Both commissioners had submitted an affidavit
to the court asking that the case be thrown out.
Danks Burke, of Ithaca, was the Democratic Party candidate
for state senate in the 58th district.
Unofficial results showed her trailing the Republican incumbent, Tom O’
Mara.
A complete copy of Schuyler County’s motion to dismiss can
be found here.
Danks Burke has approximately thirty days to attempt to appeal the dismissal to
the New York State Appellate Division of Supreme Court in Albany.
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