Friday, October 18, 2013

New York Supreme Court Justice David Schmidt Kicks State Senator Martin Golden’s Can — Or Is That Case of Cans — All The Way Into Next Year

[ Edited 10/19/13 @ 5:34PM  EDT]


Major set-back in lawsuit brought by Marty Golden’s handpicked “Republicans for Change” Plaintiff-Petitioners didn’t impress the Court enough to merit “Emergency” or “Expedited” relief against the re-elected GOP County Leader and the rest of the Republican leadership team; Defendants-Respondents told to move for dismissal on proper papers - due in two weeks; and the Court will probably need to see lots more from Plaintiffs-Petitioners, if the case goes forward after the dismissal motion



Earlier today in Brooklyn Supreme Court, Larry Mandelker, Esq., attorney for Craig Eaton and the rest of the named Defendants-Respondents raised enough issues about the procedural adequacy of the Rudiano v. Eaton  case that the Court gave everybody until the afternoon of January 21, 2014 to get their act together, but told the Defendants-Respondents to make any motion to dismiss within two weeks. For various procedural and substantive reasons, the court gave the very long adjournment without giving the Golden faction any immediate relief against Eaton and company.

In a major set-back for Marty Golden’s “Republicans for Change,” the lengthy  —  over three month  —   adjournment in the  “Election Matter” on an “Order to Show Cause” is largely indicative that the selected plaintiff-petitioners have not shown the need for immediate relief; and they will not ultimately prevail because of procedural and substantive shortcomings in their case.

10 comments:

Anonymous said...

The bulk of the proxies collected by team golden were signed well before the election results were even certified. Many believe the brookyln republican commissioner intentionally delayed certifying the primary in order to "herd" the convention into a 5 day window of his choosing.

Also, it appears that team golden didn't count on team eaton getting many proxies signed by people that had already signed the fraudulent golden proxies but after the election was certified!

This means that even if the golden proxies are somehow allowed to be counted they will still be invalid because eaton had many of the same people sign at a later date.

See you in 2014!

Anonymous said...

A year or two back Golden would have gotten what he wanted from a Brooklyn Judge. Times have changed and Golden is looking vulnerable.

Anonymous said...

Golden can be beat by the right democrat.
The days of Martys deal with Vito are over.

Anonymous said...

Vulenerable? Golden looks like an idiot, surrounded by morons.

Galewyn Massey said...

UPDATE: YESTERDAY ONE OF GOLDEN'S KEY OPERATORS CALLED ME AND ASKED WHY I WASN’T REPORTING THAT THE CASE WAS ADJOURNED FOR ONLY TWO WEEKS SO THE DEFENDANT-RESPONDENTS COULD BRING IN LEGAL AUTHORITY SHOWING THAT THEY WERE ALLOWED TO INVALIDATE A MAJORITY OF THE PROXIES THAT STATE SENATOR GOLDEN TRIED TO "VOTE" AT THE 2013 GOP COUNTY CONVENTION

After I'd heard all that this key player had to say, I asked for more details, because he/she had occasionally been one of my Baker Street Irregulars. They responded that they had not been in court on Friday and they didn't know any more than what they had been told. I then told him/her what I had heard from Eaton’s people and also had obtained from the court’s web site – that the case had, in fact, been adjourned to January 21, 2014. Then, I also explained why that was probably indicative that a bad outcome for the Golden side was in the offing.

Probably related, is a report from one of my better-informed BSIs that several people associated with “Republicans for Change,” possibly including Timothy Cochrane, are putting the word out that the Golden faction had a “Blue Ribbon Day” in court on Friday; and that Eaton’s leadership would be ended in two weeks.

Maybe, truth sometimes can be stranger than fiction, but not usually.

Galewyn Massey said...

FURTHER UPDATE: [5:44 PM EDT]

-- Defendants-Respondents given two weeks to make formal Motion to Dismiss on jurisdictional, procedural and/or substantive grounds.... case adjourned until January 21, 2014 at 2:00 PM before Hon. David Schmidt.

Anonymous said...

Golden/Cochrane forces, true to form, forgot to include or serve the State Board of Elections in the case, a fatal flaw. And it is too late to commence a new proceeding that include the State BOE.

Anonymous said...

Golden and Cochrane are going to lose this battle - blind leading the blind, they should have thought this suit through before commencing action. Hope Eaton and his party bring up all of the crooked acts of Marty over the last year - slander, libel, shredding petitions, etc. He will get crushed in 2014.

Anonymous said...

That is also what I have heard. Too quick on the trigger, lack of thought, stupid decisions - typical Marty move.

Galewyn Massey said...

UPDATE: ATTORNEYS WITH EATON ARE STILL LOOKING AT COUNTER-SUIT

There are several people in the Eaton camp, possibly including the Chairman himself, who are outraged at various acts of "unclean hands" on the part of the real parties at interest in the Petition brought against Eaton and the Brooklyn GOP by the four "strawman" Plaintiff-Petitioners.

A recent focus has been on connections between Marty Golden and his "Republicans for Change" contingent that tried to hijack the 2013 GOP County Convention and the leadership of the Brownstone Republicans, including former District Leader Sandra Chase. Chase had tried to crash the recent County Convention as a supporter of Golden's candidate for GOP Chairman Timothy Cochrane, even though she had not been re-elected as District Leader from her downtown district. More recently, she has been telling anybody who would listen that Golden had won his lawsuit and that Timothy Cochrane would be installed as GOP County Chairman within two weeks.

Her'e's what is a real bug up Eaton's.... It seems that the Golden and Lhota team filed petitions gathered by Chase and her former male leader Joe Messineo that were invalid on their face. Even worse, Messineo listed as his address the building that houses the Scotto Funeral Home in Carroll Gardens. According to one wag familiar with this, "The whole Chase-Messineo Petition is a book of election scams straight out of 19th Century Tammany Hall."