A Republican court challenge has succeeded in knocking Francina J. Spoth off the Democratic ballot line for Amherst town clerk.
Spoth retains the Conservative Party line in her campaign against Republican Jeffery Zeplowitz to replace Marjory Jaeger, who left the position in September for another job.
Republicans contended that Erie County Democrats' selection of Spoth, Amherst's deputy supervisor, was invalid. The dispute centered on whether, under state election law, the proper group of Democratic officials nominated Spoth.
State Supreme Court Justice Paul B. Wojtaszek on Oct. 12 ordered her name removed. Democrats appealed, but the Appellate Division last Thursday ruled unanimously that Wojtaszek's decision was correct.
Democrats petitioned the Court of Appeals to review the case, but that court late Friday announced it would not hear the appeal.