There is an unofficial date for the special election to fill the vacant congressional seat in New York's 27th district.

It's been unrepresented since former congressman Chris Collins resigned at the beginning of October while pleading guilty to federal insider trading charges.

Gov. Andrew Cuomo, D-NY, had previously indicated he was leaning toward calling the election for April 28, the same day as the New York presidential primary. On Monday, an assistant attorney general representing the governor told a state Supreme Court justice in Rochester that is indeed the plan.

They were in court as a result of the state Republican Party’s lawsuit to compel Cuomo to call the election as soon as possible. Given the new information Monday that an election is in the plans, the judge deferred making a decision.

Under public officer's law, the special election must be held within a 70 to 80 day window of the proclamation. So the soonest the April 28 date can be official is February 9.

"There's already going to be elections held on that day. Presidential primaries for Republican, Democrat, and possibly other parties will be on that day. The board will be operating that day and so in the governor's discretion he thought that would make sense rather than having people come back time and time again," Ted O'Brien, NY assistant attorney general in charge of the Rochester office, said.

The attorney for the Republican Party argued the judge should have still compelled the governor to call the election sooner because the seat has already been vacant for 100 days.

The Democratic primary will likely be the most high-profile presidential race on April 28, potentially spurring higher turnout for that party. Republicans didn't specifically oppose having the election that day in the lawsuit but indicated in a statement they believe the governor is trying to rig the congressional election.

The governor's office said the plaintiffs were trying to weaponize the court to saddle taxpayers with at least $1 million in extra costs.