The Assemblyman Sean Ryan legal challenge to BMHA Commissioner Joe Mascia's right to challenge him on the Sept. 13 Democratic primary ballot has failed. The NYS Appellate Court has denied the validity of Ryan's attempt to knock Mascia out of contention. The Ryan camp has now announced that it will not extend their case to the NYS Court of Appeals in Albany. This sets the stage for a 3 way race between Ryan, Mascia, and consolidation activist Kevin Gaughan for the Dem nod for the 149^th district seat.