On September 24, New York Republican Party attempts to place Vito Fossella on the November ballot as their nominee for U.S. House, 13th district, came to nothing. The Republican primary earlier this month had been won by Robert A. Straniere. Fossella had not run for re-election. But Republicans fear that Straniere will lose, so they nominated Straniere (without his knowledge) for Justice of the New York Supreme Court in Manhatten. If Straniere had accepted that nomination, the law would have permitted the Republicans to replace him with anyone they wished, and they would have chosen Fossella.

But Straniere wants to run for Congress, so he declined the Judicial race nomination. He withdrew in person at the Board of Elections, so there would be no confusion. See this story.