On February 22, the Appellate Division of the New York Supreme Court agreed with the lower court, and kept the Independence Party from nominating a candidate for State Senate, 48th district. The special election is Tuesday, February 26. The faction of the party that supports Will Barclay has appealed to the highest state court. That court will hear the case on Monday, the day before the election. The faction of the Independence Party that supports Barclay also filed a federal lawsuit, which also has a hearing on Monday. The state party officers support the Barclay faction; here is a statement from the party’s vice-chair.