|
RCBJ-Audible (Listen For Free)
 |
Republicans Charge Irregularities In Dems Selection Of Candidate To Run For Newly Vacant Town Justice Seat
When Clarkstown Judge David Ascher was elevated by the New York State Senate to serve as Rockland County Court Judge, a vacancy at the Clarkstown Town Justice Court was created. Clarkstown Deputy Town Attorney Darren Epstein has been tapped to fill Judge Ascher’s seat, but only until an election in November decides who will serve out a full- four-year term on the Clarkston Town Justice Court bench.
Epstein has already submitted papers to be on the November ballot, and if the Lawrence Garvey and the Rockland Republican Committee have their way, Epstein will run in November without a Democratic opponent.
On July 24th, the Clarkstown Town Democratic Committee filed papers with the Rockland County Board of Election (BOE) to have local attorney Keith Braunfotel run as a candidate for Clarkstown Town Justice for the Democrats.
At the July 17th meeting of the Clarkstown Democratic Committee, Braunfotel beat out Nabeela McLeod by a vote of 42-38 to secure the Committee’s nomination.
Last Thursday, Garvey, on his own behalf and on behalf of the Rockland Republican Committee, along with Darren Epstein, filed a lawsuit in Rockland County Supreme Court to prevent Braunfotel’s name from appearing on the November ballot.
In their Petition, Garvey and Epstein argue that at the time the Democrats submitted Braunfotel’s nomination, there was no certificate filed with the BOE to place the position on the ballot – meaning, according to Garvey and Epstein that the position did not yet exist. Braunfotel’s name was submitted by the Democrats on July 24th. Epstein’s was submitted on July 25th, according to the Rockland County Board of Elections.
Petitioners also say that at the time that the Dems held their meeting, the vacancy for the office did not yet exist, and that based on that assertion, the vote should be void. Petitioners also argue that the Dems didn’t follow their own rules, and cite some procedural failures related to the submission of Braunfotel’s nomination.
On Friday, the Court, via Justice Hal Greenwald, issued an Order To Show Cause and set a hearing for Wednesday afternoon to have the issues aired.
Keith Braunfotel is a partner in the firm of Braunfotel & Frendel.
Garvey is representing himself and Epstein. The Democrats are represented by Daniel S. Szalkiewicz. The Rockland County Board of Elections is represented by David Chen, from Bleakley, Platt & Schmidt.
Last year, Garvey was a defendant in a lawsuit charging election irregularities in the selection of a candidate for Clarkstown Town Supervisor for the Republican Party.
Last week, Rockland County Legislator Walter “Will” Kennelly (District 11) sued Lawrence Garvey’s law firm alleging negligence, breach of fiduciary duty, and breach of contract in Garvey’s handling of Kennelly’s interest in the former Kennelly’s Grille House.
