With only 37 votes separating them, a state appeals court unanimously ruled that 99 ballots should be opened in the still undecided race between Democrat Cecilia Tkaczyk and Republican George Amedore in the 46th Senate District.

Amedore’s lead is not insurmountable and the ruling today could swing things in Tkaczyk’s direction.

The 46th Senate District is the only race that remains unresolved in the state Legislature, more than two months after Election Day.

The district, which stretches from the Mohawk Valley to the Hudson Valley, was drawn by Senate Republicans during the redistricting process in order to extend their majority.

Amedore was not in the chamber today for the first day of the legislative session, despite the election being certified by a lower court judge. In a statement issued today, Amedore said in a statement released before the court decision was made he would wait for the legal process to play out.

“I have tremendus respect for the judicial process and despite being certified the winner in this race, I believe that the only appropriate action is to allow the pending legal matter to conclude,” his statement read.

His spokesman later released a second statement saying that Amedore’s campaign was reviewing the decision.

Update: The Tkaczyk campaign responds.

“We are pleased that the judges of the Appellate Division agree with the very basic principle that ministerial errors should not invalidate New Yorkers’ rights to have their voices heard. Though many of the ballots were ruled valid, there are still New Yorkers who participated in this election who have not had their votes counted. We respect the judicial process and look forward to a speedy resolution to ensure that the residents of the 46th Senate District have their elected representative seated in the State Senate.”

amedoretkaczyk by Nick Reisman