Eaton, Gallo and Berardelli have unseemly tantrum on GOP Blog after Court’s ruling that the BOE certification of Ben Akselrod as Independence Party candidate in the 45th AD stands

NYS Supreme Court Justice David Schmidt stated that Russell Gallo’s demand for relief had to be denied because there was no time before Election Day for the BOE to conduct a new Independence Party primary, even though the current Independence Party write-in primary results could not be determined with certainty

As we reported in our October 6th post, “Rumor Has It --- the Court will leave standing the BOE's certification of Ben Akselrod's win over Russell Gallo and Steven Cymbrowitz for Independence Line” —  Republican-Conservative candidate Russell Gallo’s petition to remove Ben Akselrod’s name from the Independence Party line has been denied and the NYC BOE’s certification of Ben Akselrod as the winner of the write-in primary for the Independence party in the 45th AD has been left in full force and effect.  According to Justice David Schmidt, he was powerless to grant the necessary relief to remedy the situation that the actual winner of the Independence Party primary could not be determined with certainty. A copy of Justice Schmidt’s  Decision was posted on one of the Brooklyn GOP’s official blogs by Gene R. Berardelli, himself.

Kings County Republican Chairman Craig Eaton, Republican Law Chairman, and Gallo’s attorney, Gene R. Berardelli, and even the candidate Russell Gallo appeared to fault the judge, according to the October 9th post, “BUREAUCRACY TRUMPS DEMOCRACY: JUDGE AGREES WITH RUSSELL GALLO – BUT CALLS NEW PRIMARY ‘IMPOSSIBLE’ ” by Gene R. Berardelli, Esq., that appeared in the “Brooklyn GOP Radio -Official- Show Blog”. However, even though two out of the three GOP complainers are lawyers, they did not cite a single mistake of law or error of fact that might have been made by Justice Schmidt.

More important, one wonders how GOP Chairman Eaton had the temerity and gall, to make the improvident  implied attack on the ruling of Justice Schmidt, because Eaton, himself, does not have “clean hands” in this write-in fiasco for Gallo, the Brooklyn GOP candidate.  According to the report by Berardelli, poll inspectors created enough irregularities to invalidate the results of the Independence Party primary in the 45th AD. Half of those inspectors were or should have been appointed by Craig Eaton, as the Chairman of the Kings County Republican Party. Since winning the Independence Party write-in primary was such an important part of Gallo’s 2012 campaign for the assembly in the 45th AD, those Republican inspectors in the 45th AD should have been specially instructed on what needed to be done to properly assist Independence Party voters to properly mark and cast their write-in votes. In addition, since half of the NYC BOE Commissioners are Republican, and one is even Eaton’s own appointee — if, contrary to the testimony of the BOE witness, it were possible for the BOE to remedy the situation, that possibility should have brought directly to the Board’s attention by Eaton or his appointed Commissioner so that the record before Justice Schmidt could be corrected in a timely fashion.