You can call him Schenectady Mayor-Elect now as we have learned Gary McCarthy comes out on top after weeks of ballot counting. Solomon Syed has more.

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SCHENECTADY, N.Y. -- Acting democratic mayor Gary McCarthy declares victory in a mayor's race that dragged almost a month past Election Day.

"For the manual count, I'm going to deny the request sought," said Hon. Judge Vincent Reilly.

But ended Thursday when Judge Vincent Reilly found there wasn't sufficient evidence of voting errors to warrant a recount.

"It's a hotly contested race, it's close and I've been fortunate," McCarthy said.

McCarthy won by just 89 votes after more than 9,500 ballots were cast, a margin of less than one percent. Alliance Party challenger and former Union College President Roger Hull remains proud of his campaign.

Hull said, "We came a long way from our first meeting in my basement."

But this race didn't just pick a new mayor for the Electric City. It may also set precedent across the state for how courts treat full, by-hand recounts with the advent of electronic voting machines.

"All of the audits across the state have proven that these machines are highly dependable and the statistics the state board has collected bears that out," said Kathleen O’Keefe, McCarthy’s Election Attorney.

Now McCarthy's focus shifts from the election to a city depending on him for brighter days ahead.

McCarthy said, "Looking forward to going ahead and unleashing the potential of this great city."

The one formality left is for the board of elections to certify the official results. They will do that by the December 3rd deadline. McCarthy will be sworn into office January 1st.