BEDFORD, N.Y.-- Mary Beth Kass, a candidate for Bedford Town Board, will not be on the Independence Party line this fall.
State Supreme Court Judge J. Emmett Murphy declared her petition for the primary to be invalid and recently denied a request to re-argue her petition.
Murphy said Kass, a Republican candidate, failed to show the court overlooked any facts or misapplied the law in reaching its decision.
The Independence Party endorsed the Democrats this year. Meredith Black, a Democratic candidate, initially filed the lawsuit in July that got Kass' petition tossed.
Black said Kass missed the deadline by one day to file with the Westchester County Board of Elections her change in party affiliation from Republican to Independence.
The Westchester County Board of Elections received her document Oct. 13, 2012. The deadline was Oct. 12.
"I am very disappointed by the ruling in this case," Kass said. "The people who are most affected are the voters in Bedford who wanted to vote for me in the primary."
Kass said she postmarked her letter to the Board of Elections Oct. 12.
"I relied on information given to me by the Westchester County Board of Elections that verified my enrollment in the Independence Party," Kass said. "The judge made a ruling against the BOE's accepted practice of accepting the postmark date as the deadline for changing party enrollment."