The Court of Appeals yesterday paved the way for the counting of additional disputed ballots in a state Senate race that could favor Democrats. The court decided against considering Republicans’ appeal of a lower court’s decision. The result is that a lower court will begin counting the remaining 99 disputed ballots, most of which were contested by the GOP.

Republican George Amedore led Democrat Cecilia Tkaczyk by 37 votes on election night out of the 126,000 votes cast in the 46th Senate District, which winds from Montgomery to Ulster counties. Since the Nov. 6 election, the candidates have traded leads through the long count of absentee and paper ballots. A Tkaczyk win would give Democrats 33 seats in the 63-seat chamber.