Albany

Joshua Farrell is set to become the next City Court judge.

Farrell, 41, a litigator for Attorney General Eric Schneiderman, won the Democratic Party primary over defense attorney James Long by a mere 40 votes when the final absentee ballot was counted Tuesday evening.

Overall, 3,320 people voted in the Sept. 13 primary.

"November will be the general election. I plan on campaigning the entire time and meeting more Albany residents and asking them to vote for me," Farrell said.

He embraced his wife, Ginnie, after the final count was announced around 6:30 p.m. and Long withdrew all objections.

"I sincerely congratulate Mr. Farrell and I wish him all the best," Long, 64, said.

Albany County Board of Elections officials spent the day counting 548 absentee ballots.

Victory in the primary is tantamount to election to the $173,700-a-year post because there is no Republican candidate. The judge will serve a 10-year term in the seat vacated by the retirement of Rachel Kretser.

Farrell had entered Tuesday's absentee count up 96 votes. His election law attorney, Joshua Ehrlich, at one point argued that a voter who submitted an absentee ballot because he had to care for a cancer-stricken child should have been ruled ineligible.

Ehrlich also challenged the validity of a vote from a man who was blind. In both cases, elections commissioners allowed the votes to count.

Ehrlich objected to every absentee vote in the Arbor Hill-based 5th Ward, which earned a stern reaction from Long.

"Every one he objected to was a person of color," Long said.

The count was conducted by Democratic Board of Elections Commissioner Matthew Clyne, his deputy, Kathy Donovan, and Republican Board of Elections Commissioner Rachel Bledi.

Long and his elections attorney, Jennifer Sober, watched the count as Ehrlich and Donald Partyka, an assistant county public defender, watched with Farrell.

At the end of primary day, Farrell led Long 2,921 to 2,825 votes with all 127 election districts reporting.

County Democrats backed Long, but Farrell wrested the party nod in a weighted vote of the full Democratic Committee in May.

Long was briefly county public defender before entering the race. Farrell previously served as a law clerk to retired state Supreme Court Justice Joseph Teresi.

Farrell, who had the support of County Executive Daniel McCoy, is the nephew of state Supreme Court Justice Michael Lynch and Albany County Judge Peter Lynch and relative of Albany County Attorney Daniel Lynch.

The candidate's wife is the mother of their three children, is a former Albany school board president.

rgavin@timesunion.com • 518-434-2403 • @RobertGavinTU