On September 8, India B. Walton, Democratic nominee for Mayor of Buffalo, asked the Second Circuit to stay the order of the U.S. District Court that put her opponent, independent candidate Byron Brown, on the November ballot. The Second Circuit has asked the Brown side to file a brief addressing that by September 10. Then Walton may respond on September 13. Meadors v Erie County Board of Elections, 21-2137.
Meanwhile, also on September 8, the state appellate court stayed the decision of the state supreme court that put Brown on the ballot. However, that has no practical effect at this time.
Note: that the the State “Court of Appeals”. NY’s version of a Supreme Court
The case isn’t there yet. It’s in the mid-level court, the Appellate Division of the Supreme Court.