Tara Scully, Republican candidate for Suffolk Surrogate's judge, will not appeal to the state's highest court to overturn an Appellate Division ruling upholding the Conservative Party's nomination of Democrat Theresa Bryan Whelan for the judgeship, Scully's attorney said.
Because the Appellate Division ruling was unanimous, Scully and her co-plaintiff would have had to seek special leave from the Court of Appeals to pursue the challenge.
Stephen Martir, Scully's attorney, said no papers have been filed to make such an appeal.
Martir told the lower court that the Conservatives' move to install Whelan, supervising judge of Suffolk Family Court, to replace Conservative District Court Judge Deborah Poulos as the minor party's Surrogate candidate was made too late.
Poulos has exited the Surrogate's race to take a nomination for state Supreme Court.