Tuesday, August 6, 2013

Republican Joseph Hayon’s “Aggrieved Candidate” case against David Greenfield proceeding to trial

Even though Hayon had been ruled “Off” at the Board of Elections and the Court has not ruled on Hayon's Petition to Validate his Republican signatures, doesn't the fact that the Court is allowing Hayon’s “Aggrieved Candidate” Petition to Invalidate David Greenfield’s Independence Party signatures to be tried show that the Court sees Hayon as a "CANDIDATE"


Generally, it had been assumed that Joseph Hayon was spinning his wheels in his joint attempts to have his name restored to the ballot as the Republican candidate for City Council in the 44th Council District, as well as his trying to remove from the Independence line the name of his opponent David Greenfield, the Democrat-Conservative candidate for re-election to the Council from the 44th.  Well, both cases are still before Hon. David Schmidt; and they are both going forward to a trial.

On the  Validating Petition, the Judge will be conducting the trial to determine certain facts in Hayon’s attempt to validate his Republican signatures and his petition as a whole. That petition  had been ruled invalid at the Board of Elections because of a cover sheet error. Even though that error has been acknowledged by Hayon, he claimed that it was “caused” by a faulty notice letter sent to him by the BOE. The trial will focus on whether the letter sent to Hayon did or did not contain a faulty “page two” containing the inaccurate information, which Hayon then carried over to his cover sheet.

Meanwhile, a court referee has completed a line-by-line on Hayon’s “Aggrieved Candidate” Invalidating Petition against David  Greenfield’s  Independence Party signatures. At this stage, Greenfield looks like he has 55 signatures, plus or minus a few still in dispute from the line-by-line. Even though that would seem to be well above the 46-47 signatures needed to qualify, there are two specific disputed sheets containing more than 10 signatures from a petition gatherer who witnessed a false signature and whose sheets contain several un-initialed alterations in an obviously different handwriting from anything else on the sheets.

It would seem odd that Justice Schmidt would allow Hayon’s  “aggrieved candidate” case to proceed to trial without a plaintiff who had standing, unless the judge intended to restore Hayon to candidate status. Let’s see what happens tomorrow.

16 comments:

Anonymous said...

Hayon has supported more democrats than republicans. He is currently supporting a democrat for mayor while there are 2 republicans in the race.

He should drop out of the race and support greenfield.

Anonymous said...

Why, who does Greenfield support for mayor?

Anonymous said...

David Greenfield supports Christine Quinn for mayor.

Anonymous said...

Does Hayon agree with this? BTW- Salgado is a DEMOCRAT!

Erick Salgado:

Back to your question about Lhota. The Conservative Party in the Bronx endorsed me because of my conservative values. Unfortunately, the rest of the party paid more attention to other interests rather than on the issues. This is proof the Latino candidates don't have much room in either the Republican or Conservative parties. That's why we belong in the Democratic party.

Read more: http://live.nydailynews.com/Event/Chat_with_NYC_mayoral_candidate_Erick_Salgado#ixzz2bHs4Uk00

Anonymous said...

Perhaps Mr. Salgado should have used the word "evidence" rather than "proof".

The rest looks 100% correct.

Anonymous said...

Hayon is a great, hard working person who would make a terrific Councilman to represent the 44th CD.

Anonymous said...

The Republican Party takes terrible positions against immigration. While securing the borders is an absolute need, the Republican Party's position to break up Hispanic families in the name of a law that should provide exceptions is anti-Hispanic.

Lhota is another out-of-touch Republican, who will not support the meat and potatoes issues of the Hispanic community.

Anonymous said...

Republicans shouldn't engage in identity politics. Other than illegal immigration issues, please enlighten me as to what the meat and potatoes issues are of the Hispanic community. As an American of latino descent, I would love to know what I am supposed to be concerned with that is different than any other American.

Galewyn Massey said...

Well said.... Your statement contains a couple of very good questions, and I hope that "Anonymous August 8, 2013 at 4:47 AM" will provide us with an answer that addresses them.

Galewyn Massey said...

UPDATE: Justice Schmidt has finished taking evidence in the joint trial of Joseph Hayon's petition to validate and his "aggrieved candidate's petition to invalidate" David Greenfield's Independence Party signatures.

At this juncture it is rather clear that Councilman Greenfield will remain on the Independence line come November. After all of the arguments and evidence in the "...invalidate" case that Hayon brought against Greenfield, Greenfield's petition has sufficient signatures for him to have his name appear on the Independence line as a candidate for the City Council.

The Court reserved on Hayon's petition to validate. On a key issue of fact, there does appear to be enough evidence in the record for Justice Greenfield to find that a defective notice letter, with a very questionable "page 2," was actually mailed by somebody at the BOE to Mr. Hayon after intentionally altering "page 2." It remains to be seen whether Justice Schmidt actually makes that finding, and whether Mr. Hayon's reliance on that altered letter in filing a defective cover sheet would be a sufficient reason for the Court to overlook Hayon's admitted cover sheet error.

Anonymous said...

The only group that wants hayon off the ballot is kassar and his con-servatives.

Stop supporting democrats gerald!

Let the voters decide.

Anonymous said...

Did you say "con-servatives"?

I'll tellya 'bout con-servatives. Somebody big among the local future former ex-cons did a bit of a con-texting meltdown on an unsuspecting Orthodox Jewish Republican Social Conservative. This too-inside an operator among certain non-con-forming Republicans all but threatened our favorite OJRSC with not being able to get a con- Kosher lunch anywhere in this town once this con-fused man got through with him.

Maybe the con-stipation is getting to this con-flicted fixture among the Brooklyn paleo-, neo- and soon to be ex-cons... It'll take more than trash talk from somebody who has so little con-trol over how his thumbs con-tact his cell to protect the con-ga line next year when a coupla RINO con-men will be up to their con-ceits in investigations and everybody will see that they need a lot of help to avoid some kind of con-finement. So doing the old con-con numbers will expose that more than a few Offenbachsides are covered in nothing more than carbuncles.

There are somethings that even fixtures con-'t get away with.

Anonymous said...

Only august 8th and the cracks are already showing...

Let's see what happens next.

Galewyn Massey said...

That's my sign-off !

Anonymous said...

I hear the crack-up was by the one and only, puppeteer, Gerard Kassar....why is he all of a sudden becoming hostile...angry and losing his cool...maybe the heat is getting to his cool...maybe after all those years of back room deals the door is finally opening and the deals will be coming out...lets wait and see...I know there are a LOT of people who want to see him go by by by by.

Anonymous said...

You heard correctly....

UPDATE: Jerry Kassar is cursed with "The Hands of Orlac" when it comes to texting.

Just when Joseph Hayon thought it was safe to take a text message ---- Kassar the text-meister hit like JAWS --- all that was left of our favorite OJRSC was a boogie-board and a yarmulke...