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Middletown’s historic undefeated football season could get a second chance during an emergency court hearing scheduled for 2 p.m. Friday in Orange County Supreme Court in Goshen.
The district is asking Justice Verris B. Shako to overturn a decision forcing the team to forfeit its November 6 playoff win over Valley Central after an ineligible kicker played for 53 seconds. The kicker did not score.
Middletown finished its first undefeated regular season in 65 years. The forfeiture cost the team a shot at Saturday’s Section IX championship against Newburgh.
Section IX and the New York State Public High School Athletic Association (NYSPHSAA) filed separate court papers Thursday opposing Middletown’s request.
The state association says the kicker, who also played soccer, failed to meet a requirement that football players participate in at least three regular-season games before the playoffs. The filings also raise questions about how the violation was discovered.
Superintendent Amy Creeden says the district voluntarily reported an administrative mistake. However, the state association claims the report came after other schools raised concerns about the player’s eligibility.
The association also says Middletown forfeited four games in 2019 for using an ineligible player and that its athletic director attended a mandatory workshop this fall where the eligibility rules were explained.
In its filing, Section IX’s attorney Stephanie Roebuck called the administrators’ failure to follow the rule “baffling,” arguing the penalty applies even when a violation is an honest mistake.
Section IX also cites a 2014 case involving the Aquinas Institute, which was forced to forfeit a postseason football game after a player failed to meet the same three-game requirement. A court upheld that forfeiture, according to the filing.
State Sen. James Skoufis is now weighing in, calling the disqualification “objectively preposterous” in a Facebook post Thursday.
Skoufis says he wrote to NYSPHSAA Executive Director Robert Zayas and spoke with him about the decision. In his letter, the senator points to a provision allowing waivers under extenuating circumstances and urges the association to reconsider.
“To have the rug pulled out from under them, through no fault of their own, is both devastating and insulting,” Skoufis wrote.
The state association argues that no retroactive waiver is available and that the rules must be enforced consistently.
Creeden maintains the punishment is excessive because the mistake was made by adults, not players. Some of Middletown’s 27 seniors may never play organized football again.
Section IX also warns that reinstating Middletown could unfairly affect Valley Central and Newburgh and complicate the next round of state playoffs.
Friday’s hearing could determine whether Middletown gets another chance to compete, although a temporary court ruling would not necessarily resolve the lawsuit.
News 12 will follow the hearing and provide updates throughout the day.