Zephyr Teachout
Zephyr Teachout (Twitter)

Although Fordham Law Professor Zephyr Teachout’s chances at the polls remain to be seen, she is winning the court battle against Gov. Andrew Cuomo.

On Wednesday, the Appellate Division, Second Department, unanimously handed Teachout her latest victory against the Cuomo campaign’s effort to knock her off the Sept. 9 Democratic primary ballot.

In an unsigned opinion, the court affirmed Supreme Court Justice Edgar Walker, who recently held that the Cuomo campaign had not carried its burden to show that Teachout was not a state resident during the past five years, as required under the state Constitution (NYLJ, Aug. 12).

While Teachout has resided in several places in New York and in other states and has maintained close ties to her childhood home in Vermont, the Cuomo campaign did not show that she lacked Empire State residency during the past five years, the Second Department said.

The court made clear in Matter of Weiss, 2014-07631, that “the burden in this proceeding is not on Teachout to establish residency,” but rather on the Cuomo campaign to show that she does not meet the five-year residency requirement, and that the plaintiffs did not meet that burden.

On the panel were Justices Peter Skelos (See Profile), Ruth Balkin (See Profile), Plummer Lott (See Profile) and Hector LaSalle (See Profile), who heard arguments Tuesday.

The Cuomo campaign had also unsuccessfully challenged Teachout’s nominating petitions.

Martin Connor of Brooklyn represented the plaintiffs. Lawrence Mandelker, a partner at Kantor, Davidoff, Mandelker, Twomey, Gallanty & Olenick, argued for Teachout.