Monday, November 23, 2020

Danks Burke Elections Lawsuit against Schuyler County dismissed.

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.