|
RCBJ-Audible (Listen For Free)
 |
Republican Charges Of Irregularities In Dems Selection Of Candidate Rejected By Supreme Court
It looks like Keith Braunfotel won’t have to take down his signs asking for your vote this November for a seat on Clarkstown’s Town Justice Court.
On Monday, Rockland County Supreme Court Justice Hal Greenwald entered an order rejecting Republican efforts to keep Democrat Braunfotel off the November ballot, and dismissed the case with prejudice, meaning Garvey and Epstein cannot refile their case. Their only avenue of review is a quick appeal.
At the heart of the Republican effort was a move to invalidate the Democratic Committee of the Town of Clarkstown (DCTC) Certificate of Nomination naming Braunfotel as its candidate filed with the Rockland County Board of Elections. Garvey is the Chairman of Rockland County Republication Committee.
The race in November is to fill a seat left by Judge David Ascher after he was elevated by the New York State Senate to serve as a Rockland County Court Judge, leaving a vacancy at the Clarkstown Town Justice Court.
Former Deputy Town Attorney Darren Epstein was recently tapped by the Clarkstown Town Board 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.
If Garvey and Epstein had been successful, Epstein would have run in November without a Democrat on the ballot.
On July 24th, the Clarkstown Town Democratic Committee filed papers with the Rockland County Board of Election (BOE) to have local attorney Braunfotel run as a candidate for Clarkstown Town Justice for the Democrats.
Garvey and Epstein argued in a suit filed on August 1st that Braunfotel was nominated by the DCTC at a time when there was no “legal” vacancy on the Town Court. Republicans argued the vacancy did not exist at the time that Ascher tendered his resignation and that a Certificate of Nomination was the only way that a legal vacancy was established.
In a nutshell, Republicans argued that the absence of a Certificate Of Nomination filed with the Rockland County Board of Elections, and the timing of Braunfotel’s nomination by the DCTC, rendered his candidacy invalid.
Justice Greenwald carefully dissected the argument, finding Judge Ascher’s resignation effectively established the necessary vacancy, and that the timing of the submission by the DCTC fully complied with the law.
Republicans also argued that what they perceived to be irregularities in the selection process at the DCTC’s meeting, invalidated Braunfotel’s candidacy. Justice Greenwald rejected Republican standing to make those arguments, saying that they could not complain in court about how the Democrats ran their meeting and how Braunfotel was nominated.
The Court denied Garvey and Epstein relief on Monday and dismissed their case with prejudice.
Braunfotel is a partner in the firm of Braunfotel & Frendel.
Garvey represented himself and Epstein. The Democrats were represented by Daniel S. Szalkiewicz. The Rockland County Board of Elections was 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 month, 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.
