Against the backdrop of a major winter storm swirling around the Brooklyn Civic Center and the rest of the City --- The "parties" to "the big case" to set aside results the 2013 Brooklyn GOP County Convention were in Brooklyn Supreme Court to argue about the Defendant Chairman Eaton's and the Brooklyn GOP's motion to shovel the whole thing to the curb
Yesterday, Justice David Schmidt reserved judgment in the case with the abbreviated title, "Rudiano v. Eaton" (Kings Index No. 017848/2013), after the defendants' counsel had completed his legal arguments that the matter needed to be dismissed because all the necessary parties had not been joined in the action. According to the defendants, no relief could be granted by the Court in this election matter, because the plaintiffs had neither served nor named the New York State Board of Elections as a party in the case.
Perhaps surprisingly for some, the plaintiffs' attorney only made a perfunctory response to the defendants' motion for a partial summary judgment of dismissal; and there were no discussions as to the substantive merits of the plaintiffs' case.
Justice Schmidt indicated that he would render his decision on the motion for dismissal in due course and that he would contact the parties if he wanted any additional information or needed to see them for any reason concerning the case in the future.