BUFFALO, N.Y. -- Catherine Flanagan-Priore is scheduled to be sworn in to her new Park District seat on the Buffalo Board of Education Wednesday, after a unanimous vote in her favor.

However, there is pushback from the man who used to hold the seat.

Carl Paladino claims the State Supreme Court Judge who ruled on his case should have recused herself.

Paladino hoped to keep his former seat empty, while he appealed State Education Commissioner Mary Ellen Elia's decision to remove him from the board.

Judge Catherine Nugent-Panepinto decided not to grant a stay of the decision.

Paladino says the judge should have stepped aside because she's also a former Buffalo Public School Board member with friends on the board.

Paladino also claims the Judge consulted her husband, former State Senator Marc Panepinto, before making her decision.

Spectrum News has asked both Panepintos for a response to Paladino's claims.