UPDATE: Bethlehem Independence Party lawsuit dismissed

Walsh said he would be conferring with his client about the possibility of an appeal against the ruling and added "I am confident an appeal would be successful."

Corcoran disagreed, saying O'Conner made the right ruling.

"The law does not say you have to walk around with a bible and take an oath," he said about signing a petition. "At the end of the day we only needs 69 signatures and these guys turned in 501."

Messina gather 299 signatures from his fellow Independence Party members to run again Cunningham after his party opted not to endorse him for supervisor.

However, Acting state Supreme Court Justice Gerald Connelly made the opposite ruling on the same day (Aug. 6), tossing several major party candidates from city of Albany, including the city's mayor, from the Independence Party line because an oath was not administered.

Nonetheless, Cunningham said he's ready for the primary.

" I am pleased with the judge's ruling and I look forward to the coming weeks as I remain focused on taking my message and vision for the future directly to the voters, who above all, should ultimately determine for themselves who they feel is best to represent them and their interests," said Cunningham.

Kotary issued a statement about Messina and Di Maggio being involved in the matter.

"I'm glad the judge dismissed all counts of Mr. Messina's and Mr. DiMaggio's frivolous lawsuit and attempted character assassination. It's very disappointing that in a small, close community such as ours, that Mr. Messina and Mr. DiMaggio would threaten voters through 'private investigators' and drag hard-working residents to court in order to advance their own political ambitions." said Kotary "But in the end, the light has been shined on these tactics and justice has prevailed."

Messina said the matter comes down to an issue of control and that Cunningham's Democratic chairman, Matthew Clyne, is using his position as the Albany County Democratic Commission or the Board of Elections to sway favor.

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