Walsh said he would be conferring with his client about the possibility of an appeal against the ruling and said he is "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 need 69 signatures and these guys turned in 501."
However, acting state Supreme Court Justice Gerald Connelly made the opposite ruling on the same day (Aug. 6), tossing several major party candidates from the city of Albany, including the city's mayor, from the Independence Party line because an oath was not administered.
Messina gathered 299 signatures from his fellow Independence Party members to run against Cunningham after his party opted not to endorse him for supervisor. He said he had additional signatures but did not submit them after finding out no oath was administered when they were collected.
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 characterize the lawsuit as frivolous.
"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."