A NYS Supreme Court Judge, Hon. Edgar Walker, JSC, has delayed the progress of the State Senator Martin Golden-sponsored case against KCRP Chairman Arnaldo Ferraro for at least another two months
In ordering the second adjournment in the case, Justice Walker wanted both sides to clarify their positions on the issues by filing additional briefs by January 26, 2016, allowing both sides to "reply" by February 2, 2016 -- the next date in NYS Supreme Court is now scheduled for February 5th
The Golden groupies left court & went home like a bunch of grumpies !!!
In an exclusive interview with the attorney for KCRP Chairman Arnaldo Ferraro and the KCRP, Ezra Glaser, Esq., of the firm Conde & Glaser, LLP, I have obtained several details of today's session before the Honorable Edgar Walker, JSC, in the case brought by several named petitioners ( but, as in 2013, sponsored by NYS Senator Martin Golden [R-C]).
The formal result of today's appearance in front of Judge Walker is that the matter was again adjourned --- this time until February 5. 2016. Before that date, however, the Court directed the opposing parties to submit briefs to narrow the issues and clarify their positions on those issues -- the date for serving and submitting briefs is January 26th; and all sides were given an opportunity to serve & submit reply briefs by February 2nd.
All of that was the result of an abbreviated argument this morning wherein Mr. Glaser had argued to the Court that ".... Those challenging the validity of the duly convened 2015 GOP County Convention have a heavy burden to demonstrate with evidence that the formal convention was not duly conducted according to the law and the KCRP rules...."
The main arguments on behalf of the Golden team were made by John Ciampoli, an attorney long-associated with NYS Senate Republicans, including Marty Golden on some matters. Ciampoli appeared as the retained counsel for Diane Rudiano and some other allied petitioners. One of the main arguments advanced by Mr. Ciampoli was that the 2015 KCRP Convention was not conducted pursuant to "Robert's Rules..."; in addition, he argued about the deliberations of the "Credentials Committee" designated by the former County Chairman and the Temporary Chair of the Convention. He said those deliberations were not open to all sides for observation, there was no submission of any report of the "Credentials Committee" for any vote at the convention, and that a majority of the proxies were eliminated without a "hearing" or the submission of any evidence. Mr. Glaser countered all of those arguments.
After asking both sides several questions showing a familiarity of the papers previously submitted, Justice Walker indicated that the mornings arguments went well beyond what was in the papers before the Court. When the Court first mentioned the need for a briefing schedule, Mr. Ciampoli and his co-counsel for other petitioners demurred and argued for a decision on the papers before the Court, or for the taking the Petitions on submission along with allowing the later submission of supplemental papers. Mr Glaser argued against that; and the Court granted the complete adjournment of proceedings on condition of a clear briefing schedule in advance of the adjourn date.
Although he heard none of the specific conversations by those on the Golden side, Mr. Glaser seemed certain that the Golden folks were completely dissatisfied at what had happen in court today. His observations came down to this: You could tell by the body language and everybody's pantomime movements that it wasn't a happy crowd.