A state judge’s ruling on Monday that kept Zephyr Teachout’s primary campaign against Democratic Gov. Andrew Cuomo alive will be appealed, attorney Martin Connor said in a statement.

The Cuomo campaign is challenging Teachout’s eligibility for the ballot, arguing she does not meet the required five-year in-state residency rule.

Connor, a former state senator, singled out part of Judge Edgar Walker’s ruling this afternoon that noted “whether or not Ms. Teachout misrepresented her actual residence address to regulatory bodies in NY or elsewhere” the matter isn’t relevant for the court to consider.

Connor has pointed to a variety of personal documents including her driver’s license that showed Teachout listed Vermont as her address, not New York.

“As the judge himself noted in his decision, Ms. Teachout admitted under oath that she misrepresented her address on official and tax documents. Will Ms. Teachout be paying the taxes owed to the State of New York? We will be appealing today’s decision.”

Walker, in his ruling, wrote that it was clear Teachout had lived in New York state since June 2009 in order to teach at Fordham University.