MAYVILLE - New York State Supreme Court Justice Deborah A. Chimes has turned down David Wilfong's request to remove County Legislator Bob Whitney as the Independence Party candidate for the Nov. 5, 2013 General Election for County Legislature.
Wilfong, the Republican and Conservative challenger to Democratic, Working Families and Independence incumbent Whitney for the County Legislature District 11 seat, was in court recently seeking an Article 78 hearing to remove Whitney as the Independence candidate.
Wilfong's court action defeat followed an earlier unsuccessful legal attempt to have Judge Chimes remove Whitney from the ballot that was filed in State Supreme Court by Republican City Chair Brent Sheldon.
Both Sheldon and Wilfong's court papers contented that Whitney did not have enough signatures due to Independence Party petitions being filed in two parts.
"I am the endorsed Independence Party candidate for Legislature District 11. My supporters worked very hard to get 25 signatures and I only need fifteen to qualify to be the party's candidate on the ballot," explained Whitney. "I am disappointed in Mr. Wilfong's using the courts to try and gain ballot advantage. This was a silly court action that cost taxpayers thousands of dollars. Elections should be left to the voters and not the courts."