ALBANY, N.Y. -- It's been two months since the election, but the battle for the 46th Senate district goes before an appeals court today in Albany.
Even though Republican George Amedore finished ahead of Democrat Cecilia Tkacyzk by 37 votes, the court will hear Tkaczyk's case contesting the certification by a Montgomery County judge that invalidated nearly 450 ballots.
Last week, Amedore said he filed for his oath office but Tkacyzk has vowed not to give up on the race.
On Friday, community members delivered petition signatures to the appellate court. They called on the court to rule in favor of counting all the ballots cast in the race.
Organizers said candidates shouldn't lose their votes because of a paperwork technicality.
The first day of the new legislative session is scheduled to begin on Wednesday when Governor Cuomo delivers his State of the State address.