Rochester, NY --- On Monday, three citizens, constituents in New York’s 29th Congressional District filed a lawsuit aimed at Governor David Paterson.
The lawsuit’s goal is to compel Paterson to declare the NY-29th seat vacant and to schedule a special election to replace former Rep. Eric Massa.
Does that lawsuit stand a chance in court?
Massa resigned his seat in March amid scandal, and the lawsuit argues it's Governor Paterson's duty to schedule a special election.
Former President of the Monroe County Bar Association Mike Wolford of the Wolford Law Firm has no connection to this legal action.
In short, Wolford says the plaintiff’s action lacks the legal teeth it needs to hold up in court.
"Anyone who is making an effort to have a special election is going to be well-received in the court of opinion, regardless of the chances in the U.S. District (Federal) Court, where I think their chances are slim to none," he said.
Wolford expects the state's first move will be a motion to dismiss.
A federal judge is likely to hear oral arguments on the matter in the not-too-distant future.
The New York State Attorney General’s Office will likely represent Gov. Paterson on the matter.