ALBANY – It was not exactly Bush v. Gore, but the New York Court of Appeals yesterday delved into the sticky wicket of malfunctioning voting machines in a case where it said the Appellate Division erred in ordering a new city-wide election for a White Plains Common Council seat.
The Court of Appeals held in Matter of Larry Delgado v. Carolee Sunderland, 57, that the only appropriate remedy for the losing candidate is “quo warranto” – an action against a person or entity laying claim to something to which he, she, or it has no right. In the confines of this case, the per curiam decision means that the declared winner needs to take office and then the aggrieved candidate can petition the Attorney General to challenge the officeholder’s right to hold the position.
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