THE BRONX - A judge will decide whether Gustavo Rivera, a rival of Sen. Pedro Espada Jr., can remain on the ballot.

Rivera is vying for the 33rd District seat Espada currently holds. However, Espada launched an investigation into Rivera?s campaign claiming the politican is receiving illegal help from Democratic activist Bill Samuel.

The judge listened to both arguments yesterday. Rivera?s campaign says he collected more than the required signatures for the primary.