Gardner supporter files with Appellate Division

Staff Writer
The Chronicle Express

Valerie Gardner’s supporter, Penelope Marchionda is not giving up the attempt to limit Todd Casella’s chances of being listed on the ballot for the November General Election. Casella, assistant district attorney in Steuben County, is attempting to unseat Gardner, Yates County DA, in her bid for re-election after her first term.

Marchionda has filed a notice of appeal to the Appellate Division, Fourth Department, of the New York State Supreme Court. She is asking for State Supreme Court Judge John Ark’s decision from Aug. 17 to be overturned.

Ark had ruled in favor of Casella in two cases. In one, he over-turned a decision by Yates County Board of Elections Commissioners to invalidate Casella’s Independence and Reform petitions because of invalid notary acknowledgement. Ark called Casella’s failure to properly mark the petitions “an inconsequential error.” The commissioners were ruling on an objection filed by Marchionda.

In the second case, Marchionda objected to Casella’s Republican petitions because she said they contained conflicting information about Casella’s place of residence, with three differing addresses on various pages of the petition. The commissioners did not rule on that objection, so Marchionda took her case to Ark, who ruled in Casella’s favor.

Parties in the suit expect it to be heard by the Appellate Division Aug. 23, the case being expedited because of the approaching Primary Election date, Sept. 12.