Appellate Court rules Jack Cunningham can't serve as DPW Commissioner

"In my opinion, it's a politically motivated lawsuit," she said. "There were employees who live outside the town that weren't targeted."

She added that she is unsure as to whether this ruling means Cunningham must leave his post as commissioner immediately. The state has allowed municipalities in the past to amend local laws for department head positions, which she said would allow the town to choose from a larger pool of candidates.

"We will be amending that by clarifying the local law," she said, referring to the April 7 hearing regarding Cunningham's and Library Director Richard Naylor's position. "The ultimate goal is to get the best candidate to serve the people in Colonie best."

Mahan said she is going over the ruling with the town's attorneys to see what next steps the town can take. She added that she has not spoken with Cunningham regarding the court's decision but said she will be calling him to let him know.

Calls made to Mike Magguilli, the town's attorney, and Cunningham were not immediately returned.

Check this space for more updates on this story.""

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