Appellate Court: Frank Vescera will be District 1 Democratic candidate

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By ANDREW DONOVAN

Story Created: Oct 30, 2009 at 9:40 PM EDT

Story Updated: Nov 1, 2009 at 5:53 PM EDT

ROCHESTER, N.Y. (WKTV) - The New York State Appellate Court has decided that Democrat Frank Vescera has won the Democratic line for District 1 in the Utica Common Council Race.

Vescera filed an appeal to an earlier State Supreme Court decision which had given the line to Nedzad Smajic's. Vescera was originally named the winner by one vote, 102 to 101.

Smajic challenged that decision, claiming five emergency ballots were cast after a machine malfunction.

Vescera's appeal was upheld Friday and he will be on the Democratic candidate in Tuesday's election.

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