Friday, December 4, 2015

SPECIAL UPDATE: GOLDEN-SPONSORED LAWSUIT AGAINST THE BROOKLTN REPUBLICAN PARTY SIDE-TRACKED BY COURT


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.

13 comments:

Anonymous said...

OUCHHHHHHHH. Lets kick this thing to November.....right before Golden's election.....hope the newspapers start to pick up on this election fraud scheme.

Silver...GUILTY
Skelos....ALMOST GUILTY
Golden.....UNDER INVESTIGATION
Kassar......Still a waste......

Sweet!

Anonymous said...

MUCH BIGGER OUCHHHHH!

Marty is paying a lot more for lawyers this time around and he is getting the same exact result.

And what has Senator Golden's $$$$ bought? "Robert's Rules of Order"? Ciampoli is really reaching with that one -- he needs to try the NYS Elections Law and NYS Appellate Court cases -- except if he does that he'll have to tell Golden Marty he's going to lose again.

Anonymous said...

I hear the case was delayed by Eaton and his attorney who were going on vacation. Word is Judge wants to move case asp because of Soecial in 59 the AD. Golden people also want it now. They like the Judge are working.

Anonymous said...

Is the ruling by the City BOE still in place not recognizing either group?. If so I would think Arnaldo Ferraro would consider this a big loss. Instead of being into the third month of his term, he will go another two months not being able to say he is the Chairman.

Anonymous said...

He was a lousy Mayor but a great Judge.

Galewyn Massey said...

RESPONSE: THE "MORE OF THE 'HIT PARADE'" EDITION

SO FAR THE PUSH-BACK FROM THE GOLDEN FOLKS IS REALLY KINDA TEPID --- BUT IT DID PUT ME IN MIND OF A GREAT OLD TUNE DONE BY SATCHMO THAT WAS ON THAT GREAT OLD JUKEBOX AT [CHICK'S PLACE]
_____________________________________

Nah, you blow through here
The music goes down and around
Ho-dee ho-oh
And it comes out here

Nah, you push the first valve down
The music goes down and around
Ho-dee ho-oh-bo-bah-booh
And it comes out here

The music goes down around below
Diddlee-uh-oh
Listen to the jazz come out

Push the other valve down
The music goes down and around
Ho-dee-babbadaba-dee-do
And it comes out here
[Long Satchmo Trumpet Lead with all kinds of quality riffs and Satchmo-sharps & shrills]

_____________________________________

That's been how Marty Golden's teams' attempts to take over the Brooklyn GOP have gone for years and years and years -- It sorta goes round and round and it comes out here......

Yuh- know-what-I'm-tryin'-a-say-here ???

Anonymous said...

So, Gail, are you "tryin' to say" that Marty Golden reminds you of Louie Armstrong? If you are, so what? Why not try music that people under fifty might have heard?

Anonymous said...

The KCRP bylaws (rules) do not stipulate that Robert's Rules need be followed. That argument is a real loser. Marty should know better.

Anonymous said...

He's such a loooozer, that Marty Golden - Roberts Rules Order, what's that all about?

Anonymous said...

The real question about the hundreds of proxies Senator Golden personally submitted: how closely did he and his staff vet them?

Anything in there that will rise up and bite him in the ass as he begins his 2016 re-election campaign?

Could be interesting...

Galewyn Massey said...

SPECULATION: THE "POSSIBLY IN THINGS TO COME ???" EDITION

AFTER THE SUBMISSION OF BRIEFS BY ALL SIDES, THE SIMPLEST THING FOR JUSTICE WALKER TO DO IS DECIDE WHETHER EITHER SIDE MADE-OUT A PRIMA FACIE CASE BASED ON EVIDENCE -- AND THEN LOOK AT ANY DEFENSES RAISED BY THE OPPOSING PARTY(IES)


DETERMINE WHETHER THERE ARE "FACTS" UPON WHICH TO BASE HIS DECISION(S) [THERE ARE A PETITION AND A CROSS-PETITION] --- FAILING THAT, HE WILL PROBABLY HAVE TO ORDER A HEARING TO DETERMINE CERTAIN FACTS

It's a funny thing about hearings, they are like little trials. All kinds of evidence can be introduced and witnesses can be called -- and they can be asked all kinds of relevant questions.

Anonymous said...

That seems to be what the Golden people want. A full hearing with witnesses. Do you think they know something you do not know?

Galewyn Massey said...

RESPONSE: THE "SOMEBODY IS IN FOR A BIG SURPRISE" EDITION

WHO SAYS THE GOLDEN PEOPLE WANT A FULL HEARING WITH WITNESSES?

I REALLY DOUBT THAT ANY OF "THE GOLDEN PEOPLE" KNOW ANYTHING ABOUT THIS CASE THAT I DON'T

The comment maker above, "Anonymous said... at 3:29 PM" basically made the claim: "That [it] seems to be [that] the Golden people want [a] full hearing with witnesses...."

Who says that ??? — AND — Based on what ???

"...the Golden people ..." ???
Which ones, and what did each of those [if any] actually say ???

Last week the Golden folks' attorneys pressed the judge for a decision last week; and when it was obvious that wasn't happening, they wanted a short adjournment of proceedings on their petition when the judge asked for more papers; my sources told me that nobody asked for a factual hearing of any kind.

Then the commenter challenged me with this: "Do you think they know something you do not know?" — My simple and most straight forward reply is "I DOUBT IT....."