U.S. Rep. Sean Patrick Maloney speaks to Democrats gathered at...

U.S. Rep. Sean Patrick Maloney speaks to Democrats gathered at the VIP Club in New Rochelle. (Feb. 10, 2013) Credit: Newsday/Lili Holzer-Glier

A state judge has ruled U.S. Rep. Sean Patrick Maloney can run for state attorney general while remaining on the ballot for Congress.

In a decision handed down Thursday , Justice Denise Hartman said Maloney can run in the four-way primary for attorney general Sept. 13 and, if he wins, step away from his congressional re-election effort.

Maloney (D-Philipstown) has said if he loses the primary, he would run to retain his congressional seat.

 “If Mr. Maloney obtains the Democratic nomination for New York attorney general, the statute on its face would allow him to decline the earlier nominations for Congress,” Hartman wrote in rejecting a lawsuit brought by James O’Donnell, the Republican challenging Maloney for Congress who sought to stop the incumbent from running for two offices at once.

“But here, Mr. Maloney has not received the nomination that would place him on the same ballot for two incompatible offices,” Hartman wrote.

John Ciampoli, O’Donnell’s attorney in the case, said his client disagrees with Hartman’s ruling and is considering an appeal.

The New York Law Journal first reported Hartman’s ruling.

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