Erie Co Independence Party defeated in Court

[kernwatch]

Members of the Erie County Independence Party are endlessly in court fighting each other.

Here is the latest from Joe Illuzzi (it is today's news, however, not 'tomorow' as he usually states in his "breaking News":

COPY: http://illuzziletter.com/

August (27), 2009 (NOTE: today is 8/26)


PoliticsNY.Net: BREAKING NEWS FIRST:

NYS APPEALS COURT FINDS FOR IP STATE COMMITTEE


The NYS Appeals Court (highest court) has vacated Supreme Court Judge Diane Devlin & the 4th Department NYS Appellate Court's decison to allow the Erie County IP to authorize non IP candidates to run on the IP line.

The Appeals Court has sent the case back to the 4th Department to review the case on the merits & make a decision.

"Petitioners brought this proceeding pursuant to the Election Law, the General Associations Law and CPLR article 78, seeking, among other things, a declaration that respondent Erie County Committee of the Independence Party's rules are invalid and contrary to the rules of the State Committee of the Independence Party, as well as an injunction. The State Committee cross petitioned, joining in petitioners' request for declaratory relief.

The Appellate Division erred in granting summary judgment on the ground that the declaration sought is an advisory opinion. A declaratory judgment action is an appropriate vehicle to establish and promulgate the rights of parties on a particular subject matter, including determining the parties' rights under state and local party rules (see e.g. Matter of Conroy v State Comm. Independence Party of N.Y., 10 NY3d 896 [2008]).

Accordingly, the order of the Appellate Division should be reversed and the case remitted to that court for consideration of issues raised but not determined on the appeal."


The Appeals Court ruled on June 12, 2008 that the state has the right under the rules to make cross party authorizations in 2009 & 2010; 2010 because State Committee elections are held in 2010.

NYS IP sources expect the 4th Department to find for the State predicated on the June 12th decision.

Please keep in mind Erie County remains a consituted party under Chairwoman Rosenswie. The issue before the Court is authorizations, AKA Wilson Pakula.

I should also mention the State has amended its rules enabling the State Committee to make authorizations in any County of its choice regardless of population. The entire issue revolves around "party raiding", i.e. a major party attempts to take control of a minor party line, e.g., Erie County Dem Chairman Len Lenihan attempting to take control of the IP line.

[TheDude]

Members of the Erie County Independence Party are endlessly in court fighting each other.

Here is the latest from Joe Illuzzi (it is today's news, however, not 'tomorow' as he usually states in his "breaking News":

Illuzzi is wrong (big surprise). This is the case ruled on by Feroleto, not Devlin. My understanding is not that the CoA ruled in favor of the NYS IP, but that they disagreed with the reason the Appellate division dismissed it.

[kernwatch]

As most know, Glenn Gramigna is "divorced" former Illuzzi-writer. Illuzzi is now 'officially' the "Republican" pay-for-praise-site, while Gramigna runs the "Dem" p-f-p site.

Since the IP is pretty much a political whore willing to sleep with either major party, both Gramigna & Illuzzi follow the IP closely.

Here the latest from Gramigna (always undated, in contrast to Illuzzi's dated-tomorrow). What to believe?

http://www.newwnypolitics.net/index....howard&catid=1

...Truth Re IP Ruling

Written by Glenn Gramigna, Editor

...THE TRUTH ABOUT THE RECENT INDEPENDENCE PARTY COURT RULING....

. . . Finally, we being told that a certain local media figure has been spreading false information re the recent Appellate Court ruling on the Independence Party. Here's the real scoop:

The NYS Appellate Court ruled that the Erie County Independence Party IS a legally constituted party under Chairperson Sandy Rosenswie. However, the Appellate Court did not rule on the issue of whether the state party's rule which allows the state-wide party to control endorsements in certain counties is legal. Instead, it sent this issue back to the lower court for ejudication. What does this mean?

It means that Independence Party endorsements for 2009 will be decided in local IP primaries where there are competing candidates. This is true since the primary is only three weeks away and it is unlikely that the lower court will hand down a ruling on the matter before Sept. 15. Even if it did, the losing side would only appeal the decision to the Appellate Court, which would lead to even more delay.

As for those who purposely distort these issues for their own purposes, we can only say: "Shame! Shame!"

[dtwarren]

The decision of the Appellate Division: http://www.nycourts.gov/reporter/3ds...2009_06261.htm

Court of Appeals decision: http://www.nycourts.gov/reporter/3ds...2009_06304.htm

[kernwatch]

Here is latest from Bflo News.

It is never clear what is going on in the IP.

Recently Gramigna did a pay-for-praise piece of "non-politician" Ricky Donovan, who is now Erie Co IP VP. Actually Ricky has never had a non-patronage so far as I know!

[kernwatch]

Oops!

http://www.buffalonews.com/cityregio...ry/776163.html

politics
high court overturns ruling on independence party fightaugust 27, 2009, 6:42 am /
the state’s high court wednesday ordered its rochester affiliate to reconsider the continuing fight on nominations between the independence party’s state committee and erie county committee.

The court of appeals overturned a week-old ruling by the appellate division of state supreme court, which reversed state supreme court justice paula l. Feroleto’s july 2 ruling barring the erie county board of elections from adding nonjudicial candidates nominated by the county committee.

John ciampoli, the attorney for the state party committee, said he is “cautiously optimistic” the state committee’s nominating rules will be upheld by the rochester court. Jerome d. Schad, who is representing the erie county independence party committee, said the legal dispute is not likely to affect the 61 independence party candidates on the sept. 15 primary ballot.

The technical dispute over the party nominating process is part of the continuing dispute between the erie county committee headed by sandra j. Rosenswie and the state independence party committee heavily influenced by billionaire b. Thomas golisano.