The fate of an independent line in New Scotland is now in the hands of a New York State Supreme Court judge, according to the Board of Elections.
The New Scotland First line, created by Town Board candidates Roz Robinson, Tim Stanton and Supervisor Candidate Mike Fields has been challenged by resident John Dearstyne, and is awaiting action by Judge Joseph Teresi, according to information from the New York State Supreme Court clerk's office in Albany County.
No date has been set for a hearing, but Robinson said the trio is hopeful for a dismissal of the objections.
Right now that's in limbo, said Matt Clyne, Democratic commissioner for the Albany County Board of Elections.
Clyne said the board did not find any "record evidence" to eliminate the independent nominating petition brought up by the trio, but said the objections filed are now matters of law, and require a court proceeding.
"We don't get into fraudor caucus attendance," Clyne said.
At the time, Clyne said, the board ruled on the face value of the petition, and was not able to discredit it based on the number of valid signatures the petition appeared to have.
Robinson said it is unfortunate that residents of New Scotland could be forced into taking time off work, have been subpoenaed and tax payer dollars are being dedicated to the court system over their line.
She said action was possible on the morning of Sept. 9, but instead, legal counsel will have time to review all pertinent literature recently handed in from the County Board of Elections.
John Walsh is representing them, and Tom Marcelle is representing Dearstyne.
Check back at www.spotlightnews.com and the Wednesday, Sept. 16 issue of the Spotlight Newspaper for an update.