Albion's title bid has been boosted by a recommended nine-point deduction for Chesterfield.
But boss Micky Adams refuses to regard the Seagulls as the new leaders until the outcome of Chesterfield's appeal.
The sentence, along with a fine of £20,000, was recommended last night by a Football League disciplinary panel.
It came at the end of a three-day joint League and FA investigation at Hillsborough into charges of financial irregularities by the Spireites.
The verdict has to be ratified by a League tribunal and Chesterfield have already confirmed they will appeal.
That will start on April 30, the day before they play Albion at Withdean.
Adams said: "It's not really worth commenting until the appeal is heard.
"As far as we are concerned we are still in second place."
The punishment turns a four point deficit into a five point lead for the Seagulls over Chesterfield with a game in hand.
The deduction drops the Spireites to third but still gives them a five point cushion over Hartlepool for the last automatic promotion place. Such a change has no impact on Albion's promotion target.
They still need two victories from seven games but will go up tomorrow if they beat Plymouth, Hartlepool lose at home to Hull and Rochdale fail to win at Macclesfield.
The inquiry dealt with 90 separate allegations against the Division Three leaders and their former chairman Darren Brown.
While most were found not proven, the tribunal did find there had been a breach of regulations concerning the transfer of Luke Beckett and the under-reporting of gate receipts.
There were fears a 50-point deduction may be imposed which would mean facing relegation to the Nationwide Conference.
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