On October 6, a New York Superior Court in Suffolk County, New York, ruled that the lawsuit Kosin v Geier should be dismissed. This means that none of the Libertarian candidates for county office in that county will be on the November 3, 2009 ballot. The case was dismissed because the Libertarian Party plaintiffs failed to serve notice of the lawsuit on one of the people who had challenged the party’s petition.

As a result, the voters of Suffolk County will only have one candidate to vote for, in all the races for countywide executive positions. The five qualified parties of New York state all agreed to support all of the incumbents who are running for re-election, so all the races are one-candidate elections.