Espaillat challenges election results in court

When it comes to election results, sometimes it isn't over until a court says so.

The state Supreme Court is scheduled to hold a hearing Monday in response to state Sen. Adriano Espaillat's lawsuit against the city's Board of Elections regarding his loss to Rep. Charles Rangel in last Tuesday's congressional primary.

Espaillat, 57, conceded to Rangel, who took 45 percent of the vote, according to last Wednesday morning's tally; however, updated results released by the BOE over the weekend now show the "Harlem Lion" has only an 800-vote lead.

There are more than 3,000 absentee ballots still left to be counted, and Espaillat's campaign contends the BOE left out too many outstanding votes.

"With each new tally, Sen. Espaillat's vote total increases," Espaillat's spokesman Ibrahim Khan said in a statement.

Rangel's campaign did not return calls for comment.

The 82-year-old congressman faced a tough fight for his 22nd term since it was his first election after he was censured by the House in 2010 for violating ethics rules.