HomeMy WebLinkAbout07/30/2009 RECEIVED
I I.'
,,-,, AUG 6 2009 "
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK -'
ARTHUR J. WALSH and NINA J. SCHMID,
Petitioners,
- against -
ANITA S. KATZ and CATHY L. RICHTER GEIER, as
Commissioners of the SUFFOLK COUNTY BOARD
OF ELECTIONS, SUFFOLK
COUNTY BOARD OF ELECTIONS, and DANIEL C.
ROSS,
Respondents.
At a special Term, Par~ ~ '~]~ , of
the Supreme Court of the State-of New
York, held in and for the County of Suffolk,
at ~'~q-~-[k-~ , onthe
of t)~/ ,2009. 30 day
Index No. __t~-
ORDER TO SHOW CAUSE
Upon reading and filing the Affirmation of Lauren E. Stiles, petitioners' attomey, dated
July 2%2009,-and-th¢-anne. xe.d Ve~fied-Petition oLA.,-*~h,~ J. Walsh and Nina J. Schmid, verified
on July 29, 2009, with the exhibits thereto,
LET the respondents show cause before this Court at a term to be held in and for the
County of Suffolk at the Supreme Courthouse, located 'at One Court Street, Riverhead, New
t O day'
..~,~ork 11901, on the of August, 2009 at a.m. or as soon thereafter
counsel can be heard why an order and judgment should not be entered pursuant to Article 16 of
the New York Election Law:
1. Declaring null and void the July 28, 2009 resolution of the Suffolk County Board of
Elections pertaining to the designating petition of respondent Daniel C. Ross for the position of
Town Justice, Fishers Island, Town of Southold;
2. Declaring insufficient, defective, invalid, null and void the designating petition filed with
the Suffolk County Board of Elections on behalf of Daniel C. Ross for the position of Town
Justice, Fishers Island, Town of Southold;
3. Enjoining and restraining the Suffolk County Board of Elections from printing and
placing respondent Daniel C. Ross's name on any ballot for the September 15, 2009 Primary
Election or the November 3, 2009 General Election for the position of Town Justice, Fishers
Island, Town of Southold;
4. Declaring respondent Dan/el C. Ross ineligible and unqualified for designation,
nomination or election to, and ineligible and unqualified to hold, the position of Town Justice,
Fishers Island, Town of Southold for the purposes of the September 15, 2009 Primary Election
or the November 3, 2009 General Election; and
5. For such other and further relief as to the Court may seem just and proper.
Sufficient cause~appearing therefore,4t-[s
ORDERED, that the respondents constituting the Suffolk County Board of Elections, be,
and they hereby are ordered and directed to produce prior to the return date of this order to show
cause, the aforesaid designating petition purporting to designate Daniel C. Ross for nomination
to the aforesaid office, together with the objections and specifications relating thereto, and a copy
of any correspondence or decision that may have been rendered in connection therewith; and it is
further
ORDERED, that service of a copy of this order and supporting papers, which includes a
copy of the Verified Petition, upon respondents Anita S. Katz and Cath~f~. Richter. Geier, as
Commissioners of the Suffolk County Board of Elections, and respondent Suffolk County Board
of Elections, be made by leaving three cppies thereof at the offic~ of the S.,~'°lk County Board
of Elections, Yaphank Avenue, YaphankfNew on or before July 30, 2009, and that such
service shall be deemed good and sufficient service and notice thereof; and it is further
ORDERED, that service of a copy of this Order and supporting papers, which includes a
copy
, delivery to a
, or by uff~xinI
of suitable ag*
later ~
30, 20'~09
Mattitu~ NY 11952
Daniel C. Ross be made by personal delivery~
etid~ a~re ~pond ,nfs
, '\ '
~t s reside, ~ or actual place of b~ess and, if
certified mail, pt requeste~post
\
5
Daniel C.~oss
Keegan & K~gan, Ross & Rosner,
315 Westphalia'X~venue
146
NY 11952~
\.
and that such service shall be deemed good and sufficient service and notice thereof.
, , i ~ ENT~: $)/ ~)
JUL 3 0 200¢
~ J.S.CJ
SUPREME COURT OF THE STATE OF NEW YORK;
COUNTY OF SUFFOLK
ARTI-ILrR J. WALSH and NINA J. SCHMID,
- against -
Petitioners,
AFFIRMATION
Index No.
Assigned to:
Justice
ANITA S. KATZ and CATHY L. RICHTER
GEIER, as Commissioners of the SUFFOLK
COUNTY BOARD OF ELECTIONS, SUFFOLK
COUNTY BOARD OF ELECTIONS, and
DANIEL C. ROSS,
Respondents.
Lauren E. Stiles, an attorney admitted to practice law before the courts in the State of
New York, under the penalties of perjury affm'ns as follows:
1. I am an associate in the law fn'm of Twomey, Latham, Shea, Kelley,
Dubin & Quartararo LLP, attomeys for petitioners in this proceeding, Arthur J. Walsh and
Nina J. Schmid (collectively referred to as the "Petitioners"). As such, I am fully familiar
with the facts of this case.
2. I submit this aff'Lrrnation in support of Petitioners' application for an Order
from this Court Pursuant to Axticle 16 or the New York Election Law (1) declaring null and
void the July 28, 2009 resolution of the Suffolk County Board of Elections pertaining to the
designating petition of respondent Daniel C. Ross; (2) declaring insufficient, defective,
invalid, null and void the designating petition filed with the Suffolk County Board of
Elections on behalf of Duniel C. Ross for the position of Town Justice, Fishers Island, Town
of Southold; (3) enjoining and reslxalning the Suffolk County Board of Elections from
placing or printing respondent Daniel C. Ross's name on any ballot for the September 15,
2009 Primary Election or the November 3, 2009 General Election for the position of Town
Justice, Fishers Island, Town of Southold; (4) declaring respondent Daniel C. Ross ineligible
and unqualified for designation, nomination or election to, and ineligible and unqualified to
hold, the position of Town Justice, Fishers Island, Town of Southold for the purposes of the
September 15, 2009 Primary Election or the November 3, 2009 General Election; and (5) for
such other and further relief as to the Court may seem just and proper.
3. Upon information and belief, on or about the 16th day of July, 2009,
documents were delivered to the respondent Suffolk County Board of Elections purporting to
be a designating petition and purporting to designate respondent, Daniel C. Ross, as a
candidate for nomination for the public office of "Town Justice, Fishers Island, Town of
Southold" in the County of Suffolk, State of New York, in the Primary Election to be held on
September 15, 2009 (hereinafter the "Designating Petition").
4. In conformance with Section 6-154(2) of the Election Law, Petitioners,
Arthur J. Walsh and Nina J. Schmid, voters entitled to vote for the office of Town Justice,
Fishers Island, Town of Southold, duly filed timely written General Objections and Specific
Objections to the Designating Petition with the Suffolk County Board of Elections.
5. On July 28, 2009, the Suffolk County Board ruled on the Designating
Petition and Petitioners' objections thereto, upholding the Designating Petition as valid and
finding Petitioners' objections to be insufficient.
6. As indicated in the Verified Petition (Exhibit 1 hereto) and the Specific
Objections attached to it as Exhibit B, the Designating Petition is defective because Daniel C.
Ross is ineligible and unqualified to be elected to or serve in the office which he seeks, that
of the Town Justice, Fishers Island, Town of Southold, because he does not reside on Fishers
Island.
7. In 1860, the New York Legislature adopted Chapter 113, relating to the
offices for Town Justice in the Town of Southold, County of Suffolk, which was amended in
1898 under Chapter 373, and again in 1977 under Chapter 276. This provision of law as it is
stated in Chapter 276 of the Laws of 1977 has not been repealed or amended in any way
modified by the Legislature since 1977.
8. Chapter 276 of the Laws of 1977 (annexed to the Verified Petition as
Exhibit "C") states, in pertinent part,
There ~hall be elected at the meeting of the Town of Southold in
the county of Suffolk, to be held in the spring of eighteen hundred
and ninety-me, and ever~ four gears thereafter, one town justice
who shall reside upon Fisher's island in said town. The justice so
elected shall enter upon the duties of his office at the expiration of
the term of office of his predecessor, and shall hold his office for
four years. Notwithstanding the provisions of any other law, such
town justice residing upon Fisher's island shall, in addition to his
duties as town iustice, serve as a member of the Southold town
board.
(emphasis added).
9. Fishers Island is an island located approximately 11 miles from the eastern
point of Long Island known as Orient Point. Fishers Island is part of the Town of Southold,
County of Suffolk, State of New York.
10. The Designating Petition makes clear that Daniel C. Ross resides at "1450
WoodcliffDrive, Mattituck, New York 11952-2924." Thus, Daniel C. Ross does not reside
on Fishers Island.
11. Section 16-102(2) of the Election Law requires that tlfis proceeding be
instituted within 14 days of the last day to submit designating petitions. The last day to
submit a designating petition with the Suffolk County Board of Election for the September
15, 2009 Primary Election and the November 3, 2009 General Election was July 16, 2009.
Thus, Petitioners are required to institute this proceeding on or before July 30, 2009.
12. This proceeding is brought on by and Order to Show Cause to permit the
expeditious treatment called for by Sectionsl 6-104(4), and 16-116 of the Election Law and is
necessary to maintain the integrity of the electoral process.
13. Petitioners have no adequate remedy or relief at law or in equity, other
than the relief herein applied for.
14. No previous application has been made for the relief sought herein or for
the Order to Show Cause annexed hereto, or for any similar order or relief.
Dated: Riverhead, New York
July 29, 2009
TWOMEY, LATHAM, SHEA, KELLEY,
DUBIN & QUARTARARO, LLP
Lauren E. Stiles, Esq.
Patrick B. Fife, Esq.
Attorneys for Petitioners,
Arthur J. Walsh and Nina J. Schmid
33 West Second Street
P.O. Box 9398
Riverhead, New York 11901
(631) 727-2180
SUPREME C~)URT OF THE STATE OF NEW YORK;
COUNTY OF SUFFOLK
ARTHUR J. WALSH and NINA J. SCHMID,
- against -
Petitioners,
ANITA S. KATZ and CATHY L. RICHTER
GEIER, as Commissioners of the SUFFOLK
COUNTY BOARD OF ELECTIONS, SUFFOLK
COUNTY BOARD OF ELECTIONS, and
DANIEL C. ROSS,
VERIFIED PETITION
Assigned to:
Justice
Respondents.
Petitioners herein respectfully show this Court and allege:
1. Petitioner, ~A J. SCHMID, was ~d still is a duly quMified ~d regi~ voter of ~e
State of New York ~d resides at ~stler Avenue, P.O. Box 207, on Fishers Isled in the To~
of Sou~old, Co~W of S~fo~, State of New York.
2. Petitioner, ART~R J. WALSH, w~ ~d still is a duly quMified ~d registered voter of
· e State of New York ~d resides m 2133 Clay PoMt Road, P.O. Box 476, on Fishers Isl~d in
· e Tom of Sou~old, Co=~ of Suffolk, State of New York, (bo~ petitioners collectively
herein~er refe~ed m as ~e "Petitioners").
3. Petitioners ~e entitled to vote in ~e September 15, 2009 Prim~ Election ~or ~e
November 3, 2009 General Election for ~e position of Tom Justice, Fishers Isled, To~ of
Sou~old.
4. At MI t~es hereina~er mentioned, respondents, ANITA S. ~TZ ~d CATHY L.
~CH~R GEIER, were ~d still ~e Comssioners of Elections, ~d consfitme the Suffolk
County Board of Elections.
5. Respondent, SUFFOLK COUNTY BOARD OF ELECTIONS, is the entity responsible
for conducting elections for public office in the County of Suffolk, State of New York, including
for the position of Town Justice, Fishers Island, Town of Southold.
6. Respondent DANIEL C. ROSS resides at 1450 WoodcliffDrive in Mattituck, in the
Town of Southold, County of Suffolk, State of New York.
7. On or about the 16th day of July, 2009, documents were delivered to the respondent
Suffolk County Board of Elections purporting to be a designating petition and purporting to
designate respondent, DANIEL C. ROSS, as a candidate for nomination for the public office of
"Town Justice, Fishers Island, Town of Southold" in the County of Suffolk, State of New York,
in the Primary Election to be held on September 15, 2009 (hereinafter the "Designating
Petition").
8. On or about July 20, 2009, Petitioners duly filed timely General Objections with the
Suffolk County Board of Elections objecting to the Designating Petition. Copies of said General
Objections are annexed hereto as Exhibit "A."
9. On or about July 24, 2009, Petitioners duly filed timely Specific Objections with the
Suffolk Countyl3oard ofElections objectingto the Designating--Petition. Copies-of said Specific
Objections are annexed hereto as Exhibit "B."
10. The Specific Objections explained that New York State law requires the office of Town
Justice, Fishers Island, Town of Southold to be filed by a resident of Fishers Island. See Chapter
276 of the Laws of 1977 of the New York State Legislature, a copy of which is annexed hereto
as Exhibit "C."
11. The Designating Petition makes clear that Mr. Ross is not a resident of Fishers Island.
12. The Designating Petition states that Mr. Ross resides at "1450 Woodcliff Drive,
Mattituck, New York 11952-2924?'
13. The Designating Petition is insufficient, ineffective, false, invalid, and null and void
because respondent Daniel C. Ross is unqualified and ineligible to hold the position of Town
Justice, Fishers Island, Town of Southold, due to the fact that he is not a resident of Fishers
Island, as required by New York State law.
14. On July 28, 2009, respondents Anita S. Katz and Cathy L. Richter Geier, as
Commissioners of the Suffolk County Board of Elections, held a special meeting to consider,
inter alia, Petitioners' General and Specific Objections. See Minutes of the July 28, 2009
Special Meeting of the Board of Elections, a copy of which is annexed hereto as Exhibit "D."
15. Commissioner Katz voted in favor of a resolution finding the General and Specific
Objections insufficient and the Designating Petition valid (hereinafter the "Resolution").
Commissioner Geier voted against the Resolution. As a result of this split vote, the Resolution
passed and the Designating Petition was upheld as a matter of law, because a majority vote is
required to invalidate designating petitions. See Exhibit "D."
16. The Suffolk County Board of Elections adoption of said Resolution was arbitrary and
capricious; conlxary to the evidence presented to the Suffolk County Board of Elections
regarding Daniel C. Ross's residency; and violative of State law.
17. Petitioners have no adequate remedy or relief at law or in equity, other than the relief
herein applied for.
18. No previous application has been made for the relief sought herein or for the Order to
Show Cause annexed hereto, or for any similar order or relief.
WHEREFORE, Petitioners respectfully pray that the annexed Order to Show Cause issue, and
that a Final Order be entered by this Court pursuant to Article 16 of the Election Law of New
York:
Dated:
(1) declaring null and void the July 28, 2009 resolution of the Suffolk County Board of
Elections pertaining to the designating Petition of respondent Daniel C. Ross;
(2) declaring insufficient, defective, invalid, null and void the designating petition filed
with the Suffolk County Board of Elections on behalf of Daniel C. Ross for the position
of Town Justice, Fishers Island, Town of Southold;
(3) enjoining and restraining the Suffolk County Board of Elections from printing and
placing respondent Daniel C. Ross's name on any ballot for the September 15, 2009
Primary Election or the November 3, 2009 General Election for the position of Town
Justice, Fishers Island, Town of Southold;
(4) declaring respondent Daniel C. Ross ineligible and unqualified for designation,
nomination or election to, and ineligible and unqualified to hold, the position of Town
Justice, Fishers Island, Town of Southold for the purposes of the September 15, 2009
Primary Election or the November 3, 2009 General Election; and
(5~' for such other and further relief as to the Court may seem just and proper.
Riverhead, New York
July 29, 2009
TWOMEY, LATHAM, SHEA, KELLEY,
DUBIN & QUARTARARO, LLP
Lauren E. Stiles, Esq.
Patrick B. Fife, Esq.
Attorneys for Petitioners,
Arthur J. Walsh and Nina J. $chmid
33 West Second Street. P.O. Box 9398
Riverhead, New York 11901
(631) 727-2180
To:
Suffolk County Board of Elections
Yaphank Avenue
P.O. Box 700
Yaphank, NY 11980-0700
Anita S. Katz, as Commissioner
of the Suffolk County Board of Elections
Suffolk County Board of Elections
Yaphank Avenue
P.O. Box 700
Yaphank, NY 11980-0700
Cathy L. Richter Geier, as Commissioner
of the Suffolk County Board of Elections
Suffolk County Board of Elections
Yaphank Avenue
P.O. Box 700
Yaphank, NY 11980-0700
Daniel C. Ross
1450 Woodcliff Drive
Mattituck, NY 11952-2924
VERIFICATION
STAWE OV fl '/o, k )
) SS.:
COUNTY OF ~ ~-(-o I[( )
I, Arthur J. Walsh, being first duly sworn on oath state that I am a petitioner in the
foregoing Verified Petition; I have read the foregoing Verified Petition and know the contents
thereof; and the same is tree to my own knowledge, except as to the matters therein stated to be
alleged upon information and belief, and as to those matters I believe them to be Irue.
Sworn to before me this
day of July, 2009
MARY B PANKtEWlCZ
Noja~' Public Slate of New York
O I ~ A -8287950
(~omnTission Expires V/'~/~o,o .
VERIFICATION
%.'k )
) SS.'
COUNTY OF Su~lk )
I, Nina J. Schmid, being first duly sworn on oath state that I am a petitioner in the
foregoing Verified Petition; I have read the foregoing Verified Petition and know the contents
thereof; and the same is tree to my own knowledge, except as to the mat~ers therein stated to be
alleged upon information and belief, and as to th~believe them to be true.
Sworn to before me this
day of July, 2009
MARY B PANKIEVflGZ
Nolar/Public State of N~ York
01 {>A -8267950
~ Expires vl3~,,~t o
GE~i~L OBJECTION'
TO TH~ 2OARD OPm :~-CT~ON$ O1~ ~ COUNTY 0~'S~>OL~
of ~e Smtc of ~cw Yo~, docs h~by object W ~= de~g~g petition D09-23 ~/or
suppo~ng do~meu~ of ~e Dcmo~aflc P~, filed h yo~ office on or about ~c 16~ day of l~y,
2009, p~offiug ~o
D~uiel C. Ross'
Tow~ ~'o~/c~ (~ishers Islmd)
Town of Sou~hold
to be voted for at theprlmary election, to be held on the 15~ day of SeP'-:mbcr, 2009, ~nd whtoh
purports to appoint the following as a Commltt~ to 1~11 Vacancies:
R/chard H. Scha/f~ ,,- 105 'Villago Line Rd,, Babylon ICY 11~02
lamos W. Langhom -4~;65 Middle CoUntxy Rd., Cal¥crton IN-Y 11935
DoboIah ~B Monaco - ii Laurel Dr., Smkhtown NY 11797
Thc n~adcrsigncd alleges that tho said ~litlons and/or 'i:uppor~i=g docum~,~ts arc i~suffici~nr.
void and not in accordance with the pro','is/on$ of the t/lccfion Law of the Store of l~¢w York.
Spccifications of the grounds of ~hc ob~cctions of tho undersigned to s~d pefi~on ~or
~ppo~g documen~ wffi be fted ~ you wi~ ~e ~ ~ auto,zed by law,
I have d~d my signat~ ~is ~day
OL20'oge~42
GENERALOB~C~ON'
TO ~ :BOARD OF ~?-~-CTION.~ OF THE COUNT~ OF'SUFFOlK, ~ YORK:
CounW of Suffolk and " who ' · reside~ at
lqew Yoflc. a~d am duly qU~l~ ~t~d to object to th& dastgnaiing petition pu~suan~ to the Election Law
of the State of New York, does h~rcby objec~ to the de$ign~tirl,~ petition D09-23 and/or
s~pponing dooumonts of the Democratic Pan'y, l'iled in your office on or about the 16th day of July,
2009, purpo~ti~ to designate:
~AMiE O~ CAi'4'DIDATE($)
Daniel C. Koss'
· Town lusficc (Fishers Island)
Town of Soutkold
to be voted for at thaprimW'2 election, to bo h01d on the 15ts day o~ Septerobor, 2009, and which
purports to appoint the following as a Committee to Fill Yac~neics:
Richard H. $chaff~ - 105 Village Linc Rd., Babylon NY 11702
lam~s W. Langhorn - 4568 Middle Comltry Rd., Cul¥~non NY 11933
D~borah B Monaco - 6 Laurel Dr., Smi~town NY 11787
The undcrsiEncd alleg~'= that th= said p~tifiens and/or '~'uppo~ing documents are i~suffic~.
void ~ud ~ot in accordance with tho provlsio~s of tho l~l~c~ion Law o~ tho Sta~e of New York.
Specifications of the Erounds of thc objections of the undersigned to said petition and/or
supportinE documenLs will be fried with yOu within the time as authozizcd by law,
II~ave affixed my signaturothiS /~ ~ .day of Inly, 2009.
Objcctor
· BOARD OF ELECTIONS COUNTY OF SUFFOLK
STATE OF NEW YORK
Objections to Petitions filed against
DANIEL C. KOSS,
0 J CTIONS.
'TO THE BOARD OF ELECTIONS:
WHEREAS, on July 16, 2009 Democratic Designating Petitions were
filed on behalf of DANIEL C. ROSS with the Bomrd of Elections of the
County of Suffolk, State of New York as a candidate for the nomination of
publio office for the position of Town Justice, Fishers Island, Town of
Southold filed with the Board of Elections, Suffolk County, New York
under number D09-23;
NOW ~OKE, Nina J. Schmid residing at Whistler Avenue,
Fishers Island, New York. 06390, who is a duly qualified voter in the Town
0f Southold, County of Suffolk, State of New York and entitled to vote at
the next primary election to be held on September 15, 2009, hereby objects,
pur. sr~ut to the Election Law, to the Petitions filed by Daniel C. Ross as
follows:
TI-lB PETITIONS ARB PROHIBITED BY LAW
Fisher's Island is an island located offofthc coast of Fdaode Island
lying in the Long Island Sound between Rhode Island and the eastern point
of the Town of Southold known as Orient Point. Fisher's Island is part of
'~ JUL24 ~09 .'-~ 258 ~
the Town of Southold.
In the year 1860, the New York Legislature passed Chapter 113
relating to ofl~ces for Town lustice in the Town of S~uthold~ County o£
Suffolk, which was amended in th~ year 1898 under Chapter 373, and
fur~er amended in the year 1977 under Chapter 276.
New York Slate Law mandated that any person seeking to be
nominated to serve as a Town Justice at Fisher's Island shall be a resident of
Fisher's Island. Specifically, Chapter 276 states as follows: ,
"There shall be elected at the meeting of the Town of Southold,
County of Suffolk to be held in the spring of eighteen ninety-nine and
every four years thereafter one town justice who shall reside upon
Fisher's island in said Town. The justice as elected shall enter upon
the duties of his office at the expiration of the term of office of his
predecessor, and shall hold his office for four ycars. Notwithstanding
the provisions of any other law, such Town justice residipg upon
Fisher's island shall, in addition to his duties as town justice, serve as
a mcmber of thc Southbld Town Board."
Thc law is clear and distinct. In order to serve as a Town Justice on
Fishcr's Island. you must be a resident of Fisher's Island. If the Petitions
filed on behalf of DAnlel C, Ross do not evidence that Daniel C. Ross is a
resident of Fisher's Island, then the Petitions are fatally dc£cctive.
The Petitions filed on behalf of Daniel C. Ross indicate that he is
Petitioning for the public office of"Town lustice, Fishers Island, Town of
$outhold". Hence, the law requires that Daniel C. Ross be a resident of
Fishers Island.
The Pctitiorm state that the place of residence of Daniel C. Koss is:
"1450 WoodcliffDrive, Mattituck, Ncw York 11952-2924".
Consequently, it is undisputed that Daniel C. Koss does not reside at
Fisher's Island.
Therefore, since Daniel C. Koss is not a resident of Fishers Island, Mr.
Koss is legally prohibited from being nominited as Town Justice of .Fisher's
Island.
WHERBFORB, the purported designating petitions of DANIBL
KOSS are invalid.
Sworn to befor~ me this
day of July, 2009.
BOARD.OF N-LECTIONS COUNTY OF SUFFOLK
STATE OF 1W~W YORK
Objections to Petitions filed against
DANIEL C. ROSS,
OBJECTIONS
TO ~ BOARD OF ELECTIONS:
WHEREAS, on 1uly 16, 2009 Democratic Designating Petitions were
filed on behalf of DANIEL C. ROSS w/th the Board of Elections of the
County of Suffolk, State of New York as a candidate for the nomination of
public office for the position of Town Justice, Fishers Island, Town of
Southold filed with the Board of l~lections, Suffolk County, New York
under number D09-23;
NOW TI-IHR~.I~OI~, Arthur J. W/fish residing at 2133 Claypoint
Road, Fishers Island, New York 06390, who is a duly qus]ified voter in thc
Town of Southold, County of SutTolk, State of New York and entitled to
Yore at the next primary election to be held on Septemb~-r 15, 2009, hereby
ohject~t to-the-~le ~tion=Lm, z._~o~he~_~Mtion~ -fltedq~.a~el-C,
Ross as follows:
THE PETITIONS ARE PROI4~ITED BY LAW
Fisher's Island is an island located offofthe coast of Khode Island
lying in the Long Island.Sound between Rhode Island and the eastern point
ofth~ Town of Southold known as Orient Point. Fish~"s Island is part of
the Town.of Southold.
In the year 1860, the New York Legislature passed Chapter 113
relating to offices for Town Justice in the Town of Southold, County of
Suffolk, which was amended in the year 1898 under Chapter 373, and
further amended.in the year 1977 under Chapter 276.
Blew York State Law mandated that any person seeking to be
nominated to serve as a Town Justice at Fisher's Island shall be a resident of
Fisher's Island. Specifically, Chapter 276 states as follows:
"There shall be elected at thc meeting of the Town of South~ld,
County of Suffolk to be held in the spring of eighteen ninety-nine and
every four years thereafter one town justice who shall reside upon
Fisher's island in said Town. The justice as alected shall enter upon
the duties of his office at the expiration of the term of office of his
predecessor, and shall hold his office for four years, l~Totwithstanding
the provisions of any other law, such Town justice residing upon
Fisher's island shall, in addition to Bis duties as town justice, serve as
a member of the Southold Town Board."
The law is clear and distinct. In order to serve as a Town Justice on
Fisher's Island, you must be a resident of Fisher's Island. If the Petitions
filed on behalf of Daniel C. Ross do not evidence that Daniel C. Ross is a
resident of Fisher's Island, than the Petitions are fatally defective.
The Petitions filed on behalf of Daniel C. Ross indicate that he is
Petitioning for the public office of"Town Justice, Fishers Island, Town of
Southold". Hence, thc law requires that Daniel C. Ross be a resident of
Fishm's Island.
The Petitions state that the place ofr~sidence of Daniel C. Ross is:
"1450 WoodcliffDrive, Mattituck, New York 11952-2924".
Consequently, it is undisputed that D~ni¢l C. Ross does not reside at
Fishcr's Island.
Therefore, since Daniel C. Ross is not a resident of Fishers Island, 1Vlr.
Ross is legally prohibited from being nominated as Town Justice of Fisher's
Island.
WHEREFOI~, the purported designating petitions of DANIEL
ROSS are invalid.
Sw~m to before me this
day of July, 2009.
MARY B PANKIEWICZ
~la~/Put/h: State of New York
July 28, 2009_ . 9(t
MINUTES - SPECIAL MEETING
BOARD OF ELECTIONS, SUFFOLK COUNTY, NEW YORK
A special meeting of the Board of Elections in and for the County of Suffolk, State of New York, was
held at the offic~ oft. he Board of Elections, Yaphank New York at 12:30 pm on Tuesday, July 28, 2009
with Commission~ Anita S. Katz and Comrnissiooer Cathy L. Richter Gcier both preSent.
Thc purpose of this meeting was to mia on Petitions and or Supporting Documents.
Commissioner Gcier made the fo]lowing motion and moved for its adoption.
WI~.REAS: General Objections and Sl~ccifications of Objections were t~mely fried by Robert F,
Reylek residing at 97 N Ferry Road, Shelter Island Heights, NY against a Democratic Party petition
naming Rober~ V. Waif¢ for thn public office of Councilman, Town of Shelter Island.
NOW: therefore be
RESOLVED: That ~he aforementioned Specifications of Objections to the Democratic Party petition,
nsminE Robert V. Waife, for the public office of Councilm.an, Town of Shelter Island has been found
SUlq'FICI~NT. Therefore this petition is INVALID.
Seconded by Commissioner Katz.
VOTE: Commissioner Katz YES
Commissioner Geier YES
Motion carrlcd.
Commisslouer Gcicr made the following motion and moved for its adoption.
WFr~.R~EAS: General Objections and Specifications of Objections wcrc timely fi]cd by Ellen
Catanzaro residing at 93 Washburn Street, Lake Gwve, NY against a Democratic Party petition
~g L-a~-~e___~stei~for-the publ/~offi~of-Coundlmember' 3~a. Dis~ie~_T_own_of:Brook_haven.
NOW: therefore be it,
RESOLVED: That the ~forementinned Specifications of Objections to the Democratic Party petition,
warning Ira Bemstein, for the public office of Councilmember, 3ra District, Town of Brookhaven has
been found SUFFICIENT. Therefore this petition is INVALID.
Seconded by Commissioner Katz.
VOTE:
Commissioner Katz
Commissioner Geier
YES
Motion carried.
Con~nued fi'om previous page ..... 91
Commissioner Katz made the following morion and moved for its adoption.
VO~W~..REAS: General Objections and Specifications of Objections were timely filed by Nina ~ Schmid
residing at Whistler Avenue, Fishers Island, NY and Arthur L Walsh residing at 2133 Claypoint Ro-~d,
Fishers Island, NY against a Democratic Party petition naming Daniel C. Ross for thc public office of
Town Justice (Fishers Island), Town of Southold,
NOW: therefore be it,
RF_~OLVED: That thc aforementioned Specifications of Objections to the Democratic Party petition.
naming Daniel C. Ross, for the public offic~ of Town Sustice (Fishers Island), Town o£ Southold
has been found INSUFFICIENT. Therefore this petition is VALID.
Seconded by Commissioner Geicr for thc purpose of voting.
VOTE:
Commissioner Katz
Commissioner Geier
NO
Therefore the petition is 'VALID by split decision.
Commissioner Katg made the following motion and moved for its adoption,
WHR. REAS: General Objections and Specifici/tions of Objections were timely filed by Edward L-
Nash residing at 4 Jonathan Drive, East Hampton, NY against a Republican Party petition naming
Bill Gerdiner residing at 36 lames Lane, East Hampton and Katie R, G-ardiner residing at 36 )'ames
Lane, East Hampton, NY l:or the Pan'y Positions of Committee Persons, Election District 11, Town of
East Hampton.
NOW: therefore be it,
RESOLED: That the aforementioned Specifications of Objections to thc Republican Party petition,
naming Bill Gardincr re. siding at 36 James Lane., East Hampton and Karlc R. Gardiner residing at 36
James Lane,-East Hampton,'NY for the Party Positions of Committee Persons, Election District 11,
Town of]East Hampton has been found SI. IIII~CI~NT. Therefore this petition is I~IVALID.
Seconded by Commissioner Katz.
vOTE:
Commissioner Katz
Commissioner Geier
Motion carried.
Continued from previous page ..... 92
Commissioner Katz made thc following motion and moved for.its adoption.
X~FJ~EREAS: General Objections and Specifications of Objections were not thnely fried by Donald
King CiffiJo r=siding at 2 Longwoods Lane, East Hanlpron and Carole Campolo r~iding at 2
Longwoods Lane, East Hampton, NY against a Republican Party petition aar~;ng Bill Gardiner for
the public office of Councilman, Town of ]~ast Hampton.
NOW: therefore be it.
RESOLVED: That the aforementioned Specifications of Objections to the Republican Party petition,
naming Bill Gardiner, for the public office of Councilman, Town of R-asr Hampton was not timely
filed. Therefore this petition is VALID.
Seconded by Commissioner Katz.
VOTE:
Commissioner Katz
Commissioner Geier
YES
YES
Motion carried.
Commissioner Katz made the following motion and moved for its adoption.
Wlqi~-REAS-' General Objections and Specifications of Objections were timely filed by Annarosa I
DelValle residing at 405 Dare Road, Selden, NY again.ut a Conservative Party petition roaming
Kathlean A Walsh for tho public office of Cotmcilmember, :~r~ District, Town of Brookhaven.
NOW: therefore be it,
RESOLVED: That thc aforemontioned Specifications of Objections to the Conservative Party
petition naming Kathleen A Walsh for the public office of Councilmember, 3'~ District, Town of
Brookhaven~ was not considered due to the fact that a Wilson Pakula was not submitted for said
candidate.
Seconded by Commissioner Geier.
VOTE:
Commissioner Katz
Commissioner Geier
YES
YES
Motion carried.
Commissioner G-eier made the roi/owing motion and moved for its adoption.
WI4~.REA$: General Objections and Specifications of Objections were timely fried by Lawrence N.
Gray residing at 20 Fireplace Drive, Kings Park, NY against a Republican Party Petition and or
Supporting Documents naming Daniel W. Donnelly for the publ~c office of Superintendent of
Highway% Town of Smiflatown.
· Continued front previous page ........ - 93
NOW: ther~fo~ be it,
RESOLVED: That Me aforementioned Spec~cations of Objections to ~he Republican Party Petition
and or Suppo~ng documeats, naming Daniel W. Donnelly, for the public office of Superintendent of
Highways, Town of Smithtown ha~ been found INSUFFICI~ENT. Therefore 0als petition is VALID.
Seconded by Commissioner Katz.
VOTE: Commissioner Ea~z YES
Commissioner Geier YES
Motion carried.
There being no further business to come before this meeting a motion to adjourn was made, duly
seconded and carried.
SUFFOLK COUNTY BOARD OF ELECTIONS
Commi o caOtr L. m b er C ie '
REQUEST FOR JUDICIAL INTERVENTION
UCS-840 (REV 1/2000)
SUPREME COURT, SUFFOLK COUNTY INDEX NO.: DATE PURCHASED:
PLAIN'I'IH~'(S): For O*rk O~ly
ARTHUR I. WALSH and NINA J. SCHMID, has Entry Date
DEFENDANT(S): ~udg~ n~i~
ANITA S. KATZ and CATHY L. RICHTER GEIER, R~ Date
as Commissioners of the SUFFOLK COUNTY BOARD OF
ELECTIONS, SUFFOLK COUNTY BOARD OF ELECTIONS, and
DANIEL C. ROSS
Date issue joined: Bill of Particulars served (Y/N): [ ] Y [ ] N
NATURE OF JUDICIAL INTERVENTION (check ONE box only AND enter information) ......................
[
£ ]
[
Ix ]
£ ]
Request for Preliminary Conference [
Note of Issue and/or Certificate of Readiness [
Notice of Motion (return date: ) [
Relief sought
Order to Show Cause [
(clerk enter return date: )
] Notice of Petition (tatum date: )
Relief sought
] Notice of Medical or Dental Malpractice
action (specify: .)
] Statement of net worth
] Writ of habeas corpus
Relief sought: voidin~ of desienatine petition pursuant to Article 16 of Election Law.
Other ex parte application (specify: [ ] Other (specify:
NATURE OF ACTION OR PROCIZ.~..BING (check ONE box only)
Malpractice
[ ] Conte~ted -CM [ ] Medical/Podiatric
{ ] Uncontested -UM [ ] Dental
[ ] *Other Professional
Contract -CONT [ ] Motor Vehicle
Corporate -CORP [ ] *Products Liability
Insurance (whom insurer is a party, -INS
except arbitration) [ ] Environmental
UCC (including sales, negotiable insmunents) -UCC [ ] Breast Implant
*Other Commercial -OC [ ] *Other Negligence
_account stated.
[ ] *Other Tort (including intentional)
-MM
-DM
-OPM
-MV
-PL
-EN
-BI
-OTN
-OT
Cheek "YES" or "NO" for each of the followine ou~on~;
Is this action/proceeding against a
YES NO
[ ] [ X ] Municipality
(Specify )
YES NO
[ X ] [
Public Authority:
(Specify: ~
of Elections~
YES NO
[ X ] [ ] Does this action/proceeding seek equitable relief?.
[ ] [ X ] Does this action/proceeding seek recovery for personal injury?
[ ] [ X ] Does this action/proceeding seek recovery for property damage?
Pre-Note Time Frames:
(This applies to all cases except contested matrimonials and tax certiorari cases)
Estimated time period for cause to be ready for trial (from filing of RJI to filing of Note of Issue):
[ X ] Expedited: 0-8 months [ ] Smdard: 9-12 months
[ ] Complex:13-15 months
Contested Matrimonial Cases Only: (check and give date)
Has summons been served:
No Yes, Date
Was a Notice of No Necessity filed? No
Yes, Date
ATTORNEY(S) FOR PLAINTIFF(S):
Self Rep. * Name
Address
Phone #
[ ] TWOMEY, LATHAM, SHEA, KELLEY 33 West Second Street
DUBIN & QUARTARARO LLP P.O. Box 9398
Riverhead, NY 11901
ATTORNEY(S) FOR DEFENDANT(S):
Self Rem * Name Address
(631) 727-2180
Phone #
[ ]
*Self Represented: parties representing themselves, without an attorney, should check the "Self Rep." box and enter their name,
address, and phone # in the space provided above for attorneys.
INSURANCE CARRIERS:
N/A
COUNTY OF SUFFOLK
ARTHUR J. WALSH and NINA J. SCHMID,
-against-
Petitioners,
ANITA S. KATZ and CATHY L. RICHTER GEIER,
As Commissioners of the SUFFOLK COUNTY BOARD OF
ELECTIONS. SUFFOLK COUNTY BOARD OF ELECTIONS, and
DANIEL C. ROSS.
Respondents.
ORDER TO SHOW CAUSE
TWOMEY, LATHAM, SHEA,
KELLEY, DUSIN & QUARTARARO, LLP
Attorneys for Petitioners
Office and Post Office Address, Telephone
33 WEST SECOND STREET
POST OFFICE BOX 9398
RIVERHEAD, NY 11901-9398
631 727-2180
To Signature (Rule 130-1.i-a)
P~int name beneath
Attorney(s) for
Service of a copy of the within is hereby admitted,
Dated,
Attorney(s) for
Please take notice
[] NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
[] NOTIC£ OF SETTLEMENT
that an order of which the within is a true copy will be presented for
settlement to the HON. one of the judges
of the within named court, at
on at M
Dated,
To
Attorney(s) for
Yours, etc.
TWOMEY, LATHAM, SHEA,
KELLEY, DUBIN & GUARTARARO, LLP
Attorneys for
Office and Post Office Address
33 WEST SECOND STREET
POST OFFICE BOX 9398