The way is works is everybody with an election appeal goes to Albany on
Appeal Day which this year will be April 20.
The court divides itself into sub-panels of three. Each panel hears
arguments on each case. Then they all get together and vote.
It is a bit like the US Supreme Court granting or denying certiorari. If a
case gets enough votes then the entire bench hears the case the same day.
I have done this twice before. Each time everybody lost. Nobody got their
The reason I think I have a good chance this time is we have a major
constitutional issue. Also, I think the Board of Elections would like to
have this case heard, but for the opposite reason. They want the Court of
Appeals to overrule the Lerman Decision that has been a thorn in the side
for the Board of Elections.