A state appellate court judge is currently deciding whether there should be a stay on the certification of Harrison Town Supervisor Rich Dioniso's November reelection win.

Initially, independent and former Town Supervisor Ron Belmont, who waged a write-in campaign, claimed victory over Dionisio and Democratic candidate Mark Jaffe.

But last week, a state Supreme Court judge disqualified Belmont after determining he has already served the maximum number of terms under the town's 2022 five terms limit law.

Belmont is seeking a stay from the appellate judge that would prevent the town clerk from swearing Dionisio back into office on Jan. 1.

"Belmont was the victorious candidate and the jurisdiction of the court ended at that point in time," said Adam Bradley, one of Belmont's attorneys.

Jaffe, who finished third, agrees that Belmont shouldn't have been allowed on the ballot. But he wants a new election, something the state Supreme Court judge rejected. He believes thousands of people who voted for Belmont would be disenfranchised if they can't recast their ballot.

"What do you do with those 2,200 voters? We're saying they need a chance to vote," said Jaffe.

If the judge issues a stay, the case would then be decided by an appellate panel.

Dionisio's attorney says the supervisor signed his oath of office before the board last Friday, making this case moot.

"You cannot stay that which has already happened, so you can't stay the Board of Elections from certifying Rich as the winner," said John Ciampoli, Dionisio's attorney.

A decision is expected Friday morning.