Democrats in the New York state Assembly appear to have lost their veto-proof majority, now that a state court has resolved the only undecided race in the state.

A division of the Appellate Department upheld a lower-court ruling on Feb. 16 that awarded Republican Tom Kirwan victory in the race for the Assembly’s 100th district.

The ruling gives Republicans 51 members in the Assembly—breaking the supermajority Democrats had enjoyed in recent years. Even if they vote in a bloc, Democrats won’t be able to override a veto from Gov. Andrew Cuomo without some Republican votes.

Democrats still have clear control of the chamber, by a 99-51 margin. The party has been in the majority since 1975.

Still, the court ruling means Republicans picked up a net gain of nine seats in the elections last fall.

Kirwan won by just 15 votes over incumbent Assemblyman Frank Skartados. He had sued to challenge the lower court’s decision to toss 40 ballots.

The district covers parts of Ulster, Dutchess and Orange counties, including the city of Poughkeepsie.

Skartados could decide to appeal the ruling to the state’s highest court, although it’s highly unlikely the court would agree to hear his case. There was no immediate word from Assembly Democrats as to whether they would challenge the Feb. 16 ruling.

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(Source: Business Review)