Just a week after a state Supreme Court judge ruled Todd Casella could be on the Republican line in the testy race for Yates County district attorney against incumbent Valerie Gardner, an appeals court has overturned that decision.
In a press release sent to media outlets Thursday, Gardner said a four-judge panel from the Appellate Division, Fourth Judicial Department of state Supreme Court has directed the Yates County Board of Elections to remove Casella’s name from the Republican line for the Sept. 12 primary. The panel posted the decision on the court’s website Wednesday.
The ruling negates an Aug. 16 decision by Justice John Ark over a residency issue on Casella’s Republican petitions. Attorney John Ciampoli, representing Yates County Republican Committee member Penelope Marchionda, argued that Casella listed three different Hammondsport addresses on his petitions, including one that appeared to be a vacant lot.
Casella is a Steuben County assistant district attorney. During a hearing before Ark earlier this month, he testified that he has lived on Shethar Street from November 2016 to the present, and some of his petitions listed an address on Pulteney Street, his former home.