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NEW YORK STATE -- We may be a step closer to declaring a winner in the race for the 46th State Senate District.

The state Court of Appeals blocked an effort Wednesday by republican Senate hopeful George Amedore to hear arguments, paving the way for 99 disputed ballots to be counted. Amedore is currently leading Democrat Cecilia Tkaczyk by 37 votes.

Amedore has declared victory, but has not been seated in the Senate.

Tkaczyk would need 69 of the outstanding votes to overcome the certified lead.