The count that took place on election night gave Flood a one-vote lead. On March 18, the Westchester County Board of Elections recounted the votes, giving Malloy a one-vote lead. Turning to two unopened absentee ballots, the board found that one was for Flood, resulting in a tie. The other absentee ballot was not opened as the name on the envelope did not match any names on the voter-registration list. Susan B. Morton, who had registered to vote as Susan Brenner Morton, stepped forward three days later and demanded that her vote for Malloy be counted. For several months afterward, various suits, motions, and appeals were filed in state courts. On October 20, the Court of Appeals, New York State's highest court, denied requests by Malloy and Morton, leaving the election in a tie. To comply with state law, the village had to use random lots to decide the winner.