GOSHEN- State Supreme Court Justice David Squirrell, in a ruling issued on Thursday, denied the petition filed by Susan Cockburn to appear as the Democratic candidate for Supervisor for the Town of Montgomery. Cockburn is a former Supervisor of the town, and was hoping to face Village of Montgomery Mayor and Orange County Legislator Steven Brescia in November for the town’s top job.
In April, the Commissioners at the Orange County Board of Elections ruled that Cockburn had filed an insufficient number of designating petition signatures to qualify for the ballot. Review by the Commissioners came after Republicans filed challenges to Cockburn’s petitions.
Judge Squirrell’s ruling read, in part, “However, the Court notes, the petitioner did not file her order to show cause and petition until 4:26 p.m. on May 3, 2023, which is only 34 minutes before the end of the last business for filing. Consequently, the order to show cause and petition were not processed and before this Court for signature until May 4, 2023, which is after the expiration of the period of limitation.”
The law provides three business days for a candidate to file a proceeding, and Cockburn’s clock started on April 28th when the Commissioners made their determination. Squirrell’s order addressed the timeliness stating, “Thus, this proceeding must be dismissed as time-barred.”
The court’s determination creates a scenario in which Brescia likely runs unopposed in November. Aside from a write-in campaign, Cockburn and other candidates still have the opportunity to file independent nominating petitions to run on an independent line in November. The deadline for filing independent nominating petitions is May 30th.
