A judge denied a challenger's request Thursday to have a City Council member-elect's name removed from 40th District re-vote ballots.

Wellington Sharpe, a disqualified candidate, again questioned Dr. Mathieu Eugene's ability to represent the district, which includes Flatbush and Crown Heights. Questions arose after Eugene failed to provide documentation that he lived in the district he was elected to represent in February. City Council Speaker Christine Quinn refused to swear in the Democrat, who allegedly lived in Canarsie at the time.

Eugene's attorney maintains his client is eligible to serve the district, but he could not provide proof. "There were a lot of legal issues and the [housing] lease could have been an evidentiary issue in a lawsuit. So we were not going to give it over to the press," said Paul Wooten.

Harry Schiffman is the only challenger out of the original nine who will compete against Eugene in the April 24 special election. The other candidates were disqualified for not having enough signatures. The re-vote, which the mayor approved after Eugene requested it, is expected to cost taxpayers $350,000.

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