Mary Kate Mullen, a former Islip Town council member and...

Mary Kate Mullen, a former Islip Town council member and now a district court judge. Her vacancy on the town board was the subject of a petition seeking a special election for her replacement. Credit: James Escher

A petition in state Supreme Court seeking a special election to fill a slot on the Islip Town Board has been withdrawn because the issue was "rendered moot" after the vacancy was filled.

Tom Murray, an attorney and Democratic challenger for town supervisor in 2019, filed a petition on Jan. 3 seeking an order and judgment compelling the town to hold a special election to fill a vacancy on the town board. He filed a letter withdrawing the petition on Jan. 24. 

The town board approved the appointment on Jan. 4 of John Lorenzo, a Conservative and former chairman of the zoning board of appeals, to represent District 4. The seat was formerly occupied by Mary Kate Mullen, a Republican and Conservative, who resigned at the end of December after she was elected to serve as a district court judge in November.

Murray said in the Jan. 3 petition that the town did not invite input from constituents of the Fourth District before selecting their representative and argued that Islip should have held an election for each district in town following the establishment of a “ward system” in 2020.

A Jan. 17 letter from the Islip town attorney's office said Murray sought “relief that does not exist,” as there was no longer a vacancy on the town board, and requested a conference call between the court and both parties to discuss how to proceed. 

Court records show Murray emailed the town attorney’s office shortly after he filed the petition, just before 4 p.m. on Jan. 3. He reached out via email and phone before Lorenzo’s appointment to indicate that he would be seeking a preliminary injunction.

At a town board meeting last week, some residents were angry about Lorenzo's appointment and said Islip was legally required to hold an election to fill that vacancy.

Supervisor Angie Carpenter responded: “At the end of the day, I want it to be abundantly clear that this town board acted in conformance with what we were directed to do as far as the Federal Voting Rights Act and town law and New York State law directing town boards."

Murray did not respond to a request for comment. 

A spokesperson for the Town of Islip said in an emailed statement, “The law does not permit the town to hold a special election for the vacancy for Council District 4. There will be a regularly scheduled election this November.”

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