HomeMy WebLinkAbout08/03/2009At an.7,~ Parfof the Supreme Court
of the State of New York held in and
for the County of Suffolk at the
Courthouse on 1 Court Street, nj
Riverhead New York on the ,~ day of
August, 2009.
PRESENT:
HON:
Justice
ARTHUR J. WALSH and NINA J. SCHMID,
Index No: 09-29736
Petitioner,
-against-
ORDER TO SHOW CAUSE
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.
Assigned Justice:
Hon. Jeffery Arlen Spinner
Upon the reading and the filing of the proposed Verified Amended Answer with
Counterclaim and Crossclaims of Respondent Daniel C. Ross and the Affirmation of Daniel C.
Ross, dated August 2, 2009, the determination of the Suffolk County Board of Elections made
July 28, 2009, let the Petitioners, the TOWN OF SOUTHOLD and ANDREW CUOMO,
ATTORNEY GENERAL for the STATE OF NEW YORK, and LOUISA P. EVANS show
cause before the Supreme Court IAS Part of this Court, to be held at the Courthouse, 1 Court
Street, Riverhead, New York on the ff_~_~ay ofJllll~,August, 20~ at 9:30 a.m. or, as soon
thereafter as counsel can be heard, why an order should not be made and entered pursuant to
Civil Practice Law and Rules: 1) joining as party Respondents in this proceeding the TOWN OF
SOUTHOLD and ANDREW CUOMO, ATTORNEY GENERAL for the STATE OF NEW
YORK and LOUISA P. EVANS and amending the caption accordingly, and 2) permitting the
amendment of Respondent DANIEL C. ROSS' Verified Answer, and 3) granting Respondent
DANIEL C. ROSS leave to assert the Counterclaim and Crossclaims as set forth in the proposed
Verified Amended Answer with Counterclaim and Crossclaims, and 4) upon granting the relief
requested above,
4) (a) striking down the residency restriction set forth in Chapter 113, section 2 of the Laws
of 1860, as amended by the Chapter 373, section 2 of the Laws of 1889, and as further
amended by Chapter 276 of the Laws of 1977 as unconstitutional, and as such that the
Petitioner's designating petition be declared valid, or, in the alternative,
(b) issuing an order declaring the amendment made by Chapter 276 of the Laws of 1977
to Chapter 113, section 2 of the Laws of 1860, as amended by the Chapter 373, section 2
of the Laws of 1889, which amendment made the Fisher's Island Justice a member of the
Southold Town Board, be declared invalid and unconstitutional and be excised from the
1860 Law.
Ia~e Sufficient reason appearing therefore, let service of a copy of this order, together with the
rs upon which it is based, on the Petitioners, by regular mall upon their attorneys, upon the
TOWN OF SOUTHOLD by personal service upon the Southold Town Attorney or by service in
accordance with CPLR 31 l(a)(5), upon ANDREW CUOMO, ATTORNEY GENERAL for the
STATE OF NEW YORK in accordance with C~R 3~(I) o/'r by personal delivery to an Office
of the Attorney General'of the State of New York, and by service upon LOUISA P. EVANS
personally or by U.S. Express mail to her mailing address at P.O.Box 546, Fishers Island, NY
06390 or by delivery to the Attorney of the Town of Southold and, by delivery of a copy thereof
to an employee of the Board of Elections for the County of Suffolk at the offices in Yaphank be
deemed good and sufficient service, all on or before August~ 2009.
Leave is hereby granted to respondent Daniel C. Ross to submit upon the remm of this
~oorder to show cause and on the argument thereof, such additional affidavits, exhibits and
testimony to supplement and support responde~spective~ and posj~ns./
L/Liffalcl/Ross-Fishem'OSC.3 B. /
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 Eommissioners of the SUFFOLK COUNTY BOARD
OF ELECTIONS, SUFFOLK COUNTY BOARD
OF ELECTIONS and DANIEL C. ROSS,
Respondents.
Index No: 09-29736
AFFIRMATION
DANIEL C. ROSS, an attorney duly admitted to practice law before the Courts of the
State of New York, with offices located at 315 Westphalia Avenue, P.O. Box 146, Mattituck,
New York 11952, duly affmns the following under the penalties of perjury:
1. I am a Respondent in this special election law proceeding and I make this affirmation in
support of my application for an order: 1) joining as party Respondents in this proceeding
the TOWN OF SOUTHOLD and ANDREW CUOMO, ATTORNEY GENERAL for the
STATE OF NEW YORK and LOUISA P. EVANS and amending the caption
accordingly, and 2) permitting the amendment of Respondent DANIEL C. ROSS'
Verified Answer in the form set forth in the proposed Verified Amended Answer with
Counterclaim and Crossclaims, which is an exhibit hereto, and 3) granting Respondent
DANIEL C. ROSS leave to assert the Counterclaim and Crossclaims as set forth in the
proposed Verified Amended Answer with Counterclaim and Crosselalms, and 4) upon
granting the relief requested above:
(a) striking down the residency restriction set forth in Chapter 113, section 2 of
the Laws of 1860, as amended by the Chapter 373, section 2 of the Laws of 1889,
and as further amended by Chapter 276 of the Laws of 1977 as unconstitutional,
and as such that the Petitioner's designating petition be declared valid, or, in the
alternative,
(b) issuing an order declaring that the amendment made by Chapter 276 of tla~vs
of 1977 to Chapter 113, section 2 of the Laws of 1860, as amended by the Chapter
373, section 2 of the Laws of 1889, which 1977 amendment made the Fisher's
Island Justice a member of the Southold Town Board, be declared invalid and
unconstitutional and be excised from the 1860 Law.
This is my second application by Order to Show Cause in this proceeding. This was
necessary because I did not ask for leave to assert Crossclalms in my first application and
I seek to correct that omission with this application.
My Verified Answer with Countemlalm was served with my first Order to Show Cause
and as such I request leave to amend my Answer. My proposed Verified Amended
Answer with Counterclaim and Cmssclaims is exhibit A hereto.
I intend to have this second Order to Show Cause served on the parties and the proposed
parties by the same date as I was required to have served the first Order to Show Cause. I
submit there is no prejudice to any party or proposed party by permitting an amendment
of my Answer.
My proposed Amended Answer is exhibit A hereto and the exhibits 1 through 8 to my
Amended Answer are listed below.
EXItlBITS
A - proposed Verified Amended Answer with Counterclaim and Crossclaims;
1 - Chapter 113 of the Laws of New York 1860;
2 - Chapter 373, of the Laws of New York 1889;
10.
3 - Chapter 739 of the Laws of New York 1976;
4 - Chapter 276 of the Laws of New York 1977;
5 - Suffolk County Board of Elections Map of Election district Number 1 for the
Town of Southold;
6 - Suffolk County Board of Elections Enrollment Statistics for the Town of
Southold, printed on June 30, 2009;
7 - U.S. Census 2000 for the population of the Town of Southold by Election District;
8 - Bill Jacket for NYS Senate Bill 3285 for the 1977-1978 Regular Session, i.e., the
Bill Jacket for Chapter 276 of the Laws of New York 1977.
My proposed Amended Answer to the Petition asserts a Countemlaim and Crossclalm
challenging the constitutionality of the residency restriction set forth in Chapter 113,
section 2 of the laws of 1860, as amended by the Chapter 373, section 2 of the Laws of
1889, and as further amended by Chapter 276 of the Laws of 1977. Particularly, and in
the alternative, Respondent requests the Court excise the 1977 amendment from the 1860
Law. The 1977 amendment made the Fisher's Island Justice a member of the Southold
Town Board who, by virtue of the 1860 Law, is required to reside on Fisher's Island.
It is not my position that the parties I seek to add as party Respondents are necessary
parties to this proceed'rog, however, these parties should be on notice and on that basis I
make this application for an order that the TOWN OF SOUTHOLD and ANDREW
CUOMO, ATTORNEY GENERAL for the STATE OF NEW YORK, and LOUISA P.
EVANS be made party respondents to this proceeding.
LOUISA P. EVANS presently holds the position of Fisher's Island Justice for the Town
of Southold and, upon information and belief, is a candidate for that position with regard
to the upcoming election.
I seek leave of Court to assert the Counterclaim set forth in my Answer and proposed
Amended Answer against the Petitioners.
I seek leave of Court to assert the Crossclaim set forth in my proposed Verified Amended
11.
Answer with Counterclaim and Crossclaims against the Respondents named by the
Petitioner, ANITA S. KATZ and CATHY L. RICHTER GEIER, as Conunissioners of the
SUFFOLK COUNTX~ BOARD OF ELECTIONS, SUFFOLK COUNTY BOARD OF
ELECTIONS and also, against the Respondents whom I have requested that the Court
add as party Respondents, i.e., TOWN OF SOUTHOLD and ANDREW CUOMO,
ATTORNEY GENERAL £or the STATE OF NEW YORK, and LOUISA P. EVANS.
No prior application for the relief sought herein has been made except as set forth in the
vio s,ym d O oshowc .
DANIEL C. RO~"~
Ltlit/alcl/Ross-fish~s/Afiu-DCR- 1 B
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ARTHUR J. WALSH and NINA J. SCHMID,
Petitioner,
-against-
Index No: 09-29736
VERIFIED AMENDED ANSWER
with COUNTERCLAIM and
CROSSCLAIMS
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.
Respondent, DANIEL C. ROSS, as and for his Answer and Counterclaim to the Petition
alleges as follows:
1. Denies knowledge and information sufficient to form a belief as to the allegations set forth
in paragraphs "1", "2", "3" of the Petition.
2. Admits the allegations set forth in paragraphs "4', "5', "6" and "7" except that part of"7"
that alleges "purporting".
3. Denies knowledge and information sufficient to form a belief as to the allegations set forth
in paragraphs "8" and "9" except admits the copies are attached to the Petition and refers
questions of law to the Court.
4. Denies knowledge and information sufficient to form a belief as to the allegations set forth
in paragraphs "10' except admits the copy is attached to the Petition and refers the Court to
the Chapter 276 of the Laws of 1977 of the New York State Legislature for the content and
meaning thereof and questions of law to the Court.
5. Admits the allegations set forth in paragraphs "11" and "IT'.
7.
8.
9.
10.
Denies the allegations set forth in paragraph "13".
Admits the allegations set forth in paragraphs "14" and "15".
Denies the allegations set forth in paragraph "16".
Denies knowledge and information sufficient to form a belief as to the allegations set forth
in paragraphs "17" and "18" and refers questions of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
That there is no residency requirement for the position of Town Justice, Fishers Island,
Town of Southold as alleged in paragraph "13" of the Petition that is in effect at the time the
Designating Petitions are required to be filed.
AS AND FOR RESPONDENT DANIEL C. ROSS'
FIRST COUNTERCLAIM AGAINST PETITIONERS AND
CROSSCLAIM AGAINST ALL RESPONDENTS
11. Respondent, DANIEL C. ROSS, was and still is a duly qualified and registered voter of the
State of New York and resides at 1450 WoodcliffDrive, Mattimck which is within the Town
of Southold, County of Suffolk, State of New York and is entitled to vote in the September
15, 2009 Primary Election and/or the November 3, 2009 General Election for the position of
Town Justice, Fishers Island, Town of Southold..
12. At all time hereinafter mentioned, respondents, ANITA S. KATZ and CATHY L.
RICHTER GEIER, were and still are Commissioners of Elections, and constitute the Suffolk
County Board of Elections.
13. 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.
14. That on July 16, 2009 1 delivered to the Suffolk County Board of Elections my designating
petition as the candidate of the Democratic Party for nomination for the public office of
"Town Justice, Fishers Island, Town of Southold in the County of Suffolk, State of New
York" for the November 3, 2009 General Election.
15. Upon information and belief no other person filed a designating petition to be the
Democratic Party candidate for the public office of "Town Justice, Fishers Island, Town of
Southold in the County of Suffolk, State of New York" for the November 3, 2009 General
Election.
16. That TOWN OF SOUTHOLD is a municipal corporation created and existing under the
laws of the State of New York.
17. That ANDREW CUOMO, is the Attorney General for the State of New York.
18. That LOUISA A. EVANS, is and at all times was a resident of the Town of Southold,
County of Suffolk, State of New York, resides on Fishers Island and is the duly elected
Fishers Island Justice for the Town of Southold and, upon information and belief, is the
Republican party candidate for that position with regard to the upcoming November 3, 2009
General Election.
19. That Chapter 113, section 2 of the Laws of 1860 of the State of New York created an
additional justice of the peace position to be elected every four years in the Town of
Southold and required that the person so elected "shall reside either upon Fisher's Island or
upon one of the islands adjacent thereto called the Hommocks, or upon Mystic Island, in
said Town." A copy of the law is an exhibit hereto.
20. That Chapter 373, section 2 of the Laws of 1889 amended Chapter 113, section 2 of the
Laws of 1860 and a copy of said law is an exhibit hereto.
21. That Chapter 739 of the Laws of 1976 of the State of New York amended the Uniform
22.
23.
24.
25.
26.
27.
Justice Court Act and the Town Law so that beginning July 1, 1977 no town justice would
be permitted to serve as a member ora town board. A copy of the black line version of the
law is an exhibit hereto.
That Chapter 276 of the Laws of 1977 amended the Chapter 113 of the Laws of 1860 to
provide that with respect to the Fisher's Island Justice that "Notwithstanding the provisions
of any other law, such town justice residing upon fisher's island shall, in addition to his
duties as town justice, serve as a member of the southold town board." A copy of the black
line version of the law is an exhibit hereto. A copy of the bill jacket for Chapter 276 of the
Laws of 1977 is an exhibit hereto.
That the Southold Town Board is comprised of six members including the Supervisor, four
Town Councilman and the Fisher's Island Justice for the Town of Southold.
That the six members of the Southold Town Board are required to be electors of the Town of
Southold throughout his or her term of office. Town Law section 23.
That the six officers that comprise the Southold Town Board are all elected in town wide
elections.
Except for the requirement that they reside within the Town of Southold, there is no
additional residency restriction or requirement with respect to the offices of southold Town
Supervisor and the four Southold Town Councilman positions.
That there is a further residency restriction with regard to the office of Fisher's Island Justice
for the Town of Southold as set forth Chapter 113, section 2 of the Laws of New York 1860
as amended by Chapter 373, section 2 of the Laws of New York 1889 and as further
amended by Chapter 276 of the Laws of New York 1977 which restriction requires that the
Fisher's Island Justice reside on Fisher's Island.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
That Chapter 113, section 2 of the Laws of New York 1860 created the position of Fisher
Island Justice for the Town of Southold and required that the person occupying the office
reside on Fisher's Island.
That Chapter 276 of the Laws of New York 1977 made the position of Fisher Island Justice
for the Town of Southold a member of the Southold Town Board.
As a result of the aforesaid laws, one of the six members and thus one sixth of the voting
power of the S outhold Town Board is required to be a resident of Fisher's Island.
That Fisher's Island represents only a portion of the geographic area of the Town of
Southold and the Court is requested to take judicial notice of that fact.
There are nineteen Election Districts within the Town of Southold.
That Fisher's Island is Election District 1. Suffolk County Board of Election's map of
Southold's Election District 1 is an exhibit hereto.
According to the Suffolk County Board of Elections Enrollment Statistics, printed on June
30, 2009, there are 16,610 enrolled voters within the Town of Southold of which 236 are
within Election District 1. A certified copy of the Suffolk County Board of Elections
Enrollment Statistics, printed on June 30, 2009 is an exhibit hereto.
According to the U.S. Census 2000, the population of the Town of Southold was 20,599 of
which the population of Election District 1, i.e., Fisher's Island was 289. The U.S. Census
e-mail response to Respondent Daniel C. Ross' query is an exhibit hereto.
That the enrolled voters of Fisher's Island comprise 1.4208 percent of all the enrolled voters
in the Town of Southold and based upon the U.S. Census for 2000, the population of
Fisher's Island comprises 1.4029 percent of the population of the Town of Southold.
Hence, the aforesaid 1977 amendment to the 1860 law requires that 16.666 percent of the
38.
39.
voting power of the Southold Town Board is required to come from a group of people who
make up approximately 1.5 percent of the town's population.
Petitioner requests that the residency restriction set forth in Chapter 113, section 2 of the
Laws of 1860 as amended by the Chapter 373, section 2 of the Laws of 1889, and as further
amended by Chapter 276 of the Laws of 1977 be struck down as unconstitutional and as
such that the Petitioner's designating petition be declared valid, or, in the alternative, that the
amendment made by Chapter 276 of the Laws of 1977 which made the Fisher's Island
Justice a member of the Southold Town Board be declared invalid and unconstitutional and
be excised from the 1860 Law and that the Petitioner's designating petition be declared
valid.
No prior application seeking this relief has been made.
Wherefore, it is respectfully requested that the Court issue an order:
a) striking down the residency restriction set forth in Chapter 113, section 2 of the Laws
of 1860, as amended by the Chapter 373, section 2 of the Laws of 1889, and as
further amended by Chapter 276 of the Laws of 1977 as unconstitutional, or and as
such that the Petitioner's designating petition be declared valid, or, in the alternative,
b) that the amendment made by Chapter 276 of the Laws of 1977 which made the
Fisher's Island Justice a member of the Southold Town Board be declared invalid
and unconstitutional and that the Peti~d valid.
315 Westphalia Avenue
P.O. Box 146
Mattituck, New York 11952
(63 l) 298-1200
L/Lit/alcFRoss-Fishers/Answer-2B.
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
The undersigned being duly sworn, hereby states: I am a respondent in the
above-captioned action and have read this Amended Answer with Counterclaim and Cross
Claim and know the contents thereof and the same is tree to my knowledge except those matters
which are stated to be alleged on information and belief and as to those matters, I believe them to
be true.
Sworn to before me this
~ day of tq~t2009
Notary Public
NICOLE GENTZEL
IIIoterlt Public, State of New Yo~
No, 4877106
Qualified in Suffolk County
~llmmission Expires Nov. 24ff~;ii[~
L:~Litk~llLitClieilts~.oss-Fishcrs\V~ification2.wlKI
190
- LAV/S OF NEW' YORK.
hundred] and six acres and thirty4hrae perches of land
fr6m the town of Ancram, and annexing thc same to the
town of Copake,'
~ 2. This act ehall take effect immediately.
ChaP- 113 .....
1:91
~:~. EIC~H~Y-TH1RD SESSION.
ChaP. 114.
A~ &CT authorlzln~' the town o.f Southfie]~l;~:.
house, ~d also to establish and mah~n a jm~
p~sed ~larch 24, 1860; threc-fiffim bein~ present.
~ 3. There shall hernaffer be elected ,,it each mmnal
meeting of said town or Souflwld, ouc coustabte m~d one
~sOUnd master, who shall each rcslde nilher upon FJshcl"S
land or upou one of thc islunds adjacm~t thereto called
the Hommocks. o' ul'm, Mv~{ic Ishmd, in ~;,id tow..
act shall cease to reside upon either of said khuaJs, his
office shall be deemed vacant, and ~hall he filled ill tho
manner prescribed by law ie case of vsesm~ies.
~ 5. This act shall take cff~t immediately.
AN ACT creating certaiu additional officers in tho
town of Southold, in the cotmty of Suftblk. The People of the State ~ Ne~ York, r~r~e~d
S~a~ and ~sscmbly, do eaoct as tol[otvs :
Pa~ed March P4, 1S60; t] ree-ffthg bet ,g I)re~cet ......... r%utbfiela,Mich-
............ , - o~ 1. T.ec.eeto .... q .
The People bf tlw State ~A'e , }og', re*resented tn ~ a.~unt,, mavhtam~nnualto*nmeetm~ ~
~tatc and Asscmblq, do o~act a~ follou,s ' ' ~ .' . vnfa for the vurcltase of a mtn for and the bu. _ g
Aame.,.~ '8~C~lOS 1. In add tmn to the eorone~ now p'escr bed - :~' ' - ' afa town Iouse; and may, m t .....
~, ~ ~- by~aw;-thete shall ha elaetca a~ thc n,x* a~neral alee- ~-~ ..... fiO-~' tim* t~ ~me. at annual ~n n n ' g ' :~ -6~
t~on m ~he connty of Suffolk, and e~erv three years .~ ~]d town m~tmg, called . P ..P , ,_
o,%'r6af~ei, a coroner, who shall reside dtl[er avon Pish- ~-7 '- ~S of money a~'may from t.ne t~t,,p~
-e~k~ff the lib nm~ca , or ut,on Jv -tic ~;,a a , or:acrlv ~ .... bfiilain'~ of said .o. L . ' '; ' -
~,oS, m of the town of Southold in the cenntv of butTvlk -~: sunemsors or sa,a ~o .t3 · - - .i -
.]~,,~a. a~ every four years flmreaficr, om, justice ;F the peace ~ w~i& shall, from tram to t~mc! ?e so, olcd to be couec~ea
- (in addition to thc four now pr~cribed bviaw';, who ~ with the other expenses m sa.l town. . ....
shalt-r~ideeithe~pon Fisher'skslana or'u-& one~ofil,e ' ~ -¢~ The conveys, ~ or convcyan~ ~ql' ~P"~
. .. , c ~: ; ~ ' , e town a~d the rite shall ~e )urgqasca
,slanq, .Simeon} *hqreto ~lted the Ilommocks, ,,r .pon. ~i: .be ~ made to th....., '- ..... tawn cler~ and the
Mystm Island, la sa]d town. The fi,~t justice so elected ][~ t and hou~ erectea oy t,,e supa~,,o., -em.
shall enter upon the duties of his office imm,,dinf~dy upon '~.~ jastic~ of the ~wn, or a majo?ty of t~,ous, all
his · e~ on :md fi in~ his oath of oq;e~ .nd shall hold ~! =- · ~ ~ After the erection of ~,d town n 7' t' .
. .- . . . ,' .... ~ ~' · e residin~ in hie ancona or
h]s oS, ce untd the expiration of/our years from t e who are, by au~ ~%,stjat..: o ...... :...n +~ ;.t;I
third elect]on dlstrm~ oI sma ~wn, ~Ollllillbtcu t~.
thirty-firs~ day of December next suceeedi,g his eleciion. ';~~ '. unless they are commi~tea to await a trial at Ihe oycr
a.d te~ainer or ~ur; of sessiops: s)mll ~c comm. ittea te
and confined in lhe lock-up or jarl ]n smd town nouse.
~ ~. It shMI be law~l f~r tl~e magistrate of any other
tows of said comity to co,nmi~ ~o the said iail or lock;
, - ..... }'o ~ omnn'drtel by bin i'm' any other
purpose t an to await a trial at the oycr nr, d teram,er or
[ou}i of sessions. Aiwa in case of sue ~ commitment, all
egpensns to said town of Senthfiehl, attendant thereon,
sh~.ll be audited and paid to said town, and shall, by the
Ohap, 371,
2kOT authorizing ~e r~l~d ~mml~iO~.0f the town of
." :'.~i~y, Sul~v~ county, New York, t~ bonds ia retire
Ou~tan~ng bonds as th~ may ~ome aa : ':".
:~amc a ~w April ~, ~ ~ ~e '~ ~f the Governor.
T~ P~pte of the Sta~e of N~ YOrk, represented i. Senate aad
~on L The raih~d ~m~[one~ of ~e town of l,ibcrty,
.~ulli~au county, New York, are h~eby authoHz~ to issue bonds
~ng iuter~ at the rate ~ot ~ng four
[~annum, t0 ~y and retire outst~g bonds
~ibe~y as they may become due. ~aid ~nds ShMI no~ he soM for
Pass~, ~t~flfths '~lng pr~ent.
~n ~ 'U~on s~l dis~lc[ nu~ twen~-~'o of the town
'O~Ond~8 is h~by authored ~0 J~ue its bonds of fhe value
~ou~nd dollars..p~vebl~ by ln~hl~n~ of fifltmn huud~d
~oilam ~-ear~, en lhe first ~ay Of. June, ~nniug
~n~m hundred and three, ~or the purpose of red,ag ils bonded
lndebt~ now oo~tanding. .Such bonds shall ~mr in~eresl 8t
not ex~d~g five per ~um ~ ~all not be sold at less
~eir face vah]e.
d~e~ned by vote of ~e tffimhitanla
~eial m~ng io be eel ed by ~e ~ard of trusleqs of I~- dislriet
the ~me manner pr~'ided by the gene~l school I~ws und6r
the ori~nal hOnd~ debt ~s
~a act ~hall talie effect imme~ately.
'i
AN AOT to amend el~spter-one hundred smd thi~een.of the la~s
of eighteen hund~d a~d ~x~y, enfifl~ ~ An ae~ eres~]n~
. ~n additional o~ in ~e ~own Of ~U~o18~ in the comity
of
B~me 'a cla~ &pill ~, '[l~& ~ ~e aDaM' of
P~. thr~fltt~s ~Ing ~sent. '~'
The P~ple Oi the State of N~ Y~ks re~'csotted iu ~enate and
8ectien 1. Sections two, ~hvee aud four of'chapter one handr~
au0 thi~n of the laws of eight~n hund~d and slx~y, are.h~reby
amend~ to ~ad r~p~vely as follo~s:
~ ~. There slmlI I~ el~t~ ~t t~:. ~tl~. ot~e ~
....................... E .......... 7_...z ._, -
old,.m the county ot guffol~, to be hewn the sp~ng of eighteen
hund~ and .ninety.nine, ~d every.tour years'thereaTt&r,' one
. justice of.the ~aee (In ~diUoa
.law).wh° shall reside n~w ~isher's island' in ~d ~.
justice so eleet~ Mmll enter upon the dual.of ~is'o~ee'at'the
' e~i*h,atlo~ 'of the term of o~ of his pi't~e~6r, ~d ~h~li hold
his office for four years.
Oat: r,nslal,h. (Jl~ audition t6 tl~e five :,ow lax~ribed by !aw)
hold office for a term et one year. At the town nixing ~ be
held in the spring of elghlc~.n huud~ '~d n'inekv-niae, and at
eeery biennial town m~qing the~afier such ameer shall
(.h.;.~od for a term t.f two years.
~" t. 1, case either of lhe officers provided for b~ ~ia act ~hall
ct.list; fa r,.sia, npm~ ~ai~islm'td, his oaiee shall be d~m~ vacant,
ami shall be filled in the manner prescribed by l~w in case of
135
LAWS OF NEW. YORK 1976
Town Justices of Second Class Towns
CHAPTER 739
The Pe~rple o[ the State o! New York, represented in Senate
Assembly, do enact as follows:
SectiOn 2. Section one hundred five of the uniform
is hbreby amended by Kddig~-ihereto a new subdivision,
(d), to reed as ~ollows:
(d} Ho town jastiee selected for a term
sfter July firstr nineteen hundred seventy-seven~ shall serve as a
~f a town board in a town of the second class.
§ 2. ,~etious sixty and sixty-a o£ thc town law arc hereby
ind two new sections, to be sections sixty end sixty, a, are
~hereto, in lieu ~hercof, to read, respectively, as follows:
§ 60. ?own board constituted
· 1. Iff every, town the supervisor and the town couneilme~
'tit~te the i0w~' boar6 and shal be yeah d w ih ali t ~e pow~
'oWn and shall p~Siess and exercise all the 1 owerl ~ nd be
he duties nbw or hereafter imposed by law ul~on {o ~'n bear~
;dUi-ds of health wltlih~ sffch towas~ but it is not intended to
he power of said boards or officers within the limits of ac; '
-died vil]og-o or oity~ or in any manner to ahrid~c or interfere
,0wet and e~thority of the officers of ~n,v si:eh villa~q, or cit,v within
ts corporate limits, except as otherwise provided b;;
9. In an}' town in which a town justice scm'es as a member of t
he town board uati] the expiration of his term. Thereafter an), town
astiee shall not be a member of the town board and e. town councilman
ball bc e]ectod as a member of such town board in place of such to~m
~stie~- except ~ olherwise provided by the town hoard by resolution
dopied pursuant to the pro~'isioas of scelinn sixty-a of this chapteri
rovided bowcver~ that in any town of the second class having less tha~
~ree hnndred inhebifants according to the latest federal eeasas and hav-
~j~ a tuxable property valuation .of less than one hundred thousoud
o]lars aceording to the latest assessment roll~ the supervisor ami the
,wa ~ssessor ~ha!l consiitule the town board.
§ 60-a. Removal of town justices from town board
l. Notwithstanding any provision of this chapter or aey olhe~ law to
~e eo~Irory~ m a~.v town in which a to'w~ ,iusticv serves n.~ n member
· the town board~ a vacancy shall be creoled and is hereby created on
o ~own board upon the expiration of the term of office of such
stiee and the membership of such town board shall consist of n town
516
Changes or additions An text are indicated by underline
Ch. 739 i
1976 REGULAR SESSION
s~sor and town councilmea and the vasanc~' on such town board
created bY the expiration of the term of the town ~ustice shall be filled
~ general election pree~l;~ the expirotion bf the term Of sad_
'~eo by the election of a town eouncilmani~unless the office of to~,,
councilman does not exist in such ton-n. In thc event the town boa,l
~'~-erminc~ that councilmen should be elected hie ~ ~ially and in order
so_o~prsvide! it iS nceessarlr that such councilman be elected fora singl.e:
one ,~ear term or a single three year lerm? such town board may, ~
~olution provide that the town eouaoilman elected to fill the v~am:,v
~reated by the expiration of the term of town ,iustico as town board
~ember~ shall be first elected for a single one or three ,year term
~_~wided in,such resolution and his sltcressors shall thereafter be elected
for four year terms.
--Notwithstanding the provisions of this sectian~ or :any other law to the_
contraS,I which provides that a town justice shall not constitute
member of the town board~ such office of town justice shall continue
sad such town ,iustice shall have all the powers and duties of o tox~,
~ustiee as defined by the uniform justice courl s~t ~ and as other~visc
pro*4ded by law. ~ueh 'town justices shall continue to he elected as
town justices 'except that such town justices shall sot constilute meals
bors of the town board.
2. In the event the to'~.'n hoard determines that it will be in)he best
interests of the town~ such town board may! by the udo~,tion of a recolu-
tlont subject to permissive referendum? redoec the num'~er of
or town justices and provide that thc term el su~.h town eou,,dbnan ired
town justice first elected stroll be for u siu,~l,, c,~,,, m' ;l~r~e ..-esr !erin
order to provide ~or biennial town eleetioes and their sue~'es.-~ rs ah:alt
except as otherwise provided in seetinl~ sixty of thi~ ~.Hl~l_er.
§ 3. This act ~hall take e~'£cct m: the t'ir~t t ~*y of .July, ~invlvt.l,
hundred seventy-seven.
d~letlons by ctri~:;:i~
m.__b to the atmospheric .~Clences r~%rC~l t:t~litt.,l- ol t[l,.. ~tttt¢- u~*t-
y al Albanyr t!w Lake Champlmn-I,ake Gem.ge re-domd phmnin~
i, lhe/l,ake George A~soc!ation, thc Lake Geo ,rge, Chamber of Cmn-
~ Inc. and the county .of Warren or any one or ,-u~Mfimdiou of
l.essees~ [or zueh V~luable.cOnsideratior~ and UImn such lerms and
.tions as it may deem proper and for*the best iniere, st of,such lown.
!. TI,is ~et shall fake et'feet immediately. '
Southotd, Town of~Town Justices, Additional Duties-
CHAPTER 276
q Act 'to amend elmplo, r one. hundred th~vleen ~f tl)e }aw~ p!
old. Suffolk county. In relation to totem justices in the town of
~uthold.
pproved and effective June 14. 1977.
P~I¢ of t-h~ S~tc of N~w York, r~r~ted in ~c~tc .and
AkscmbIy, ~ e~ct as fol~ws:
dion I. Section two of chaptor one lnmdred thirlecm of ibc laws of
?eh ~mndred sixiy, relating lo additional oiTieers .iu ~he 1own of
mid, Suffolk county, as amended by clmpter three hundred
of thc Inws of eighteen hundred ninety-eigM, is horeby amended
~d ns t'otloxYs:
L There shall be elected at the meeting of thc town of-Southo]d,.
e ~unty of Suffolk, to be hem in the spring of eighteen hundr¢~
ninety-rune, and .ever), four ye~s thcreat'ter, one ~.....
a ........ ~ ~ ~ ~ ~ ~ (own justiee who
Changes or additions in text are Indicated by u.deti!no
1977 REGULAR SESSION
..shall .reside upon' Fisher~s island in said town.- The justice so
S~'~enter upon t~o duties of his office at ~ .... ' .' . .. el?ted
'.' .:...~' .. . p e~r/ ann ~hall hold h~s office for four .
"' own
jagtice~ s~e as a member of the Southold town board.
~ 2. This ncr'shall ta~e effect immMi~tely.
Schools and School 'Districts~Health Examinations of Pupils
~. .. Prior to'A~tcndan~
~ CHAPTER 277
~mln~tfons of .'P~pfls P~or ~o ati~nd~nce ~t Public'
APpro~'ed ~hd effective Ju~e I~, ~977. '
~he Poopl~ o~ the ~t~ o/ ~ew York, 'represented in ~te and
Section '!. :..Sbetioh nine hundred three'of the education la~-, ~ amend-
ed by chap~r nine .huudr~ ninety.thr~ of .tide laws o1~ nineteen hun-
dj'ed sevehkv~tWo..is hereby ~n~ld~ l~.reaa as'follo~-s: '
Ch. 277
Fishers Island
Suffolk County
Board of
Elections
Anita $. Katz
Cathy L Richter Geier
Commissioners
$outhold
ED: 1
January 1 st 2007
Miles 0.9~
0.3 0.6 .
Suffolk County Board of Elections
Enrollment Statistics
va!hi
Printed on: June 30, 2009
3 1 1 1 '1, ,';'""", 186 .~l
6 1. 1 1 ! : .... 32~' 182
7 1 1 I i 275 292
8= 1 1' 1 I 255 454
9' 1 I I I 311 607
1~ I I I I 182 295
11 1 i I 1, 215 351
12 I 1 1 I 260 472
13 1' ! ! ,,1 333 574
14 . 1;;'~ 1' 1. 161 342
17 1 1 1 I 186 411
18 I I 1 1 301 532
19 I 1 1 I 246 534
/mm
22 0 0
28 18 1
25 21 1
34 13 3
18 17 2
29 24 1
35 25 4
4O 25 1
56 29 1
33 19 2
34 19 1
49 34 3
58 45 10
27 17 1
33 26 5
21 20 0
34 22 3
43 40 0
45 36 0
I 0 0 0 2 47 236
4 0 0 0 I 130 677
1 0 0 0 9 155 652
0 I 0 0 7 224 873
I 0 0 0 3 118 399
0 0 0 0 7 190 757
0 1 0 0 7 177 817
2 0 0 0 9 268 1,054
4 I 0 0 15 359 1,383
1 0 0 0 6 209 747
2 0 0 0 4 192 818
I 0 0 0 9 277 1,105
· 2 I 0 0 22 420 1,465
2 0 0 0 3 176 729
0 0 0 0 7 278 979
0 0 0 0 10 167 640
4 0 0 0 9 223 892
I 0 0 0 5 298 1,220
2 · I 0 0 18 255 lr167
Total for Town:
6,734 664 450 39
28 50 0 153 4193 16610
Page I
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Certificate of population [Incident: 090605-000041]
Fmrrc AskCemue <askcensus~custhelp.com>
To: mss1942{~aol, com
Date: Mon, 8 Jun 2009 12:27 pm
Recently you requested personal assistance from our on-line support canter.
Below Is a summary of your request and our response.
We will assume your issue has been resolved if we do not hear from you within
48 hours.
Thank you for allowing us to be of service to you.
To access your auestion from our suooort site. click here.
Subject
Certificate of population
Discussion Thread
Response (Elleen) 06/08/2009 12:26
Here is what we came up with from the voting districts that were on the
PL94-171 file from Census 2000. Here's what we find in AFF for the Southold
town in Suffolk County, NY:
Southeld town 20599
Southold town (part), Voting District 1000001 289
Voting District 1000002-1000003 1421
Voting District 1000005 1000007 1000008 3949
Voting District 1000006 1263
Southeld town (part),
Southold town (part),
Southold town (part),
SouthokJ town (part),
Southold town (part),
Southold town (part),
Southo!d town (part),
Southold town (part),
Southold town (part),
Southold town (part),
Southold town (part),
Voting District 1000009 1777
Voting District 1000010 985
Voting District 1000011 862
Voting District 1000012 1196
Voting Distr'mt 1000013 1875
Voting District 1000014 947
Voting Distdct 1000015 1344
Voting District 1000016-1000018 3391
Southold town (part), Voting District 1000019 1300
Southold town (part), Voting District 1000000 0
However, we don't know how to define the "Fisher's Island" area that you
mention. We could provide tract-level data. Let me know if you would still like
6/0.1200q 3.~.R ~M
to move forward on this certification. In that case, please provide me with the
completed forr~
Question Reference ~90605-000041
Date Created: 06/05/2009 16:26
Last Updated: 06/08/2009 12:26
Status: Pending Closure
Cc:
Standard Vemlon I Teens of 8erdce I P~mcy Policy I Trademarks I Shortcuts
O 200~ AOL LLC. A1 Riglt~ Reaenmd
2 of 2 ~/q/~ano ~-,~ ~
LAWS OF 19
S,V. NAT~ BILL ~ ASSP~dBL¥ BILL -
A. 4573
1OT'~-lO?e lte&~l~. 8eg~m,~ · ,,
SENATE-"ASSEMBLY
.... . ..... . tOWB d Southold
DATE RECEIVED BY GOVERNOR:
ACTION MUST BE TAKEN BY:
GOVG~OR'S A~ION:
--'------------ Memorandum No. __
Bill h di~ppro~ed
,gCounsel to Governor
1977
The Senate Bill
by Mr.~__
Entitled:"
SENATE
' was read the third time
Calendar No.~=~ '
''
Nr, 7d~Valle
An let ~.o mend ~hapter one hun-
dred thLeteen o~ the Lave o£
e~gh~een hundred elxt¥, ee~e~n9
~o addLtLonaX o££Leere Ln.t~e ~ovn
o~ Iout~d~ lu~oXk oount~, Ln
~ o~ Iou~hoXd
APR2 t1977 '~:~
Senate No.~
Assem. Rept. No.
The President put the question whether the Senate would agree to the Final passage of said bill, the
same having been printed and upon the desks of the members in its £mal form at least three calendar
~gislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in
xavor thereof and three.fifths being present, as follows:
AYE Dist NAY AYE Dist NAY
47 Mr. Anderson 15 Mr. Knot~r
49 Mr. AUK 1 Mr. LaValle
IE Mr. Babbu~h ,~?,?j 29 Mr. Le/chter ~
45 Mr. Barciay 8 Mr. ~
~ 2~ Mr. Bea~ ~ Mr. ~m~rdi
25 M~ Bell~ ~ ~
~ ~USM 24 Mr. Marchi
3~ Mr. 8ems~m ~ ~ ~ ~
~9 ~ ~ 5 Mr. Marine
12 ~ ~ ~ 48 Mt. Mason
41 ~~ ~ 2~ Mr. Mc~ll ~
~ ~ M[ 8u~ ~ ~ 59 Mr. McFarland
7 ~~ ~ 42 Mt. No/an
~ 3~ Mr. ~landra 27 Mr. Oh~nstein
21 Mr. ~nklin 17 Mr. Owens
~ 46 Mr. Donovan ~U~ ~
6 ~
Mr. Dunne ~ ~ Mr. Paterson
54 Mr. Ecke~ ~OU~ ~ ~
~ ~ Mr. FaUey ~ ~
35 ~ ~ Mr. Rolison
· 32-.' ' ~. ~ff~ 31 Mr. Ruiz
~ ~ ~ 4~ Mr. ~ ~
~ ~ Mr. Gamia 2 ~ ~
~ 14 Mr. G~za~ ~
~ ~3 Mr.~ld - ~ ~ 51 ~
~ 37 ~ ~ ~5 Mr. Taurie#o
56 ~~ ~ 3 Mr. Trunzo
20 ~ 58 Mr. Vo~er
4 Mt. Johnson
~~ ~~~ ~ M= Winikow
AYES
NAYS_
¶ Ordered, that the Secretary deliver said bill lo the Assembly and request its concurrence therein.
Mr. Ab~mson
Mi~ Amatucei '
Mr. Bar}mm
Mr. Beraani
Mr.
Mr. Bianchi
Mr Boy.nd
Mr. B~wer
Mr. Bur~
.~]r.
Mr.
Mr. Butler
3Ir. Caloge~
Mr. Cineot~a
Mr. Co.rune
M~. ~onnelly
Mr. ~onne~
Mr. Connor
Mr. Cook
Mr. Cooperm~
Mr. Culhane
Mr.
. Mr. D'Amato
Mr. D'Andre~
Mr. Dearie
· Mr. ~lliB~i
Mr. Del TOm
Mr. De~lvio
~Ir.
Mrz. Di~
Mr.. Dokuchi~
Mr.
Mr. D~ ·
Mr. Em~y
Mr. ~el
Air. Es~ito
Mr. Eva
Mr. Far~ll
Mr.
Mr. Fink
Mr. Finneran
Mr. F~k
Mr. ~Tanaga~
Mr. Fo~unn
Mr. F~mlng
Mr. Pray
Mr. Pri~lman
Mr. Oolda~in
Mr&
Mr. Onrzki
Mr. Oottfri~l
Mr. Oralmr
Mr. Otannia
· Mr. O~o
Mr. O~nbe~
Mr. O~ffith
:~lr. g~ot~a '
Mr. Hanna
Mr. Hannah
Mr. H~nb~
Mr. Harris
' Mr. Ha~leg
Mr. Hendemon
Mr. Her~l
Mr. Hex~i
Mr. Hinchey
Mr. H~hbm~kner
Mr. Hoyt
Mr.
Mr.
Mr. ~idder
Mr. Kopp~ll
Mr.
Mr. I~ayette
Mr. ~d~
Mr ~ne
Mr. ~her
Mr.
Mr. I~hner
Mr. ~nto]
Mr. I~wla
Mn. Lip~huta
Mr. ~pr~$
Mr. M~hi~lli
Mr. Mamhall
Mr. M~3
Mr.
M~.
Mr. M~mth
Mr. Mdnerney
Mr. Miller (G.W.)
Mr. Mill~ (H.M.)
Mr. Miller (M.H.)
Mr. Mi~
Mr. MoilerS.
Mr. Montano
Air. il rlb,;tl]~ a. )
-'Mr..Murphy (M.J.)
Mr. Nadle ·
Mr. Nieolasl
Mr. Nine
Mr. Nort~
Mr.
Mr. Paxsannant e
Mr. P~ee
Mr. Posner
Mr. Proud
Mr. l&zppleg, e~
Mr.
Mr. Rifonl
Mr. Robaeh
Mr. Ross
;]lr. Ryan (A.
Mr. Ryan (E.F.X:)
Mr. ~hlmminger
Mr. ~hmldt
Mr. ~hu met
Mr.
Mr. ~rmno
M r. 8ie~l
Mr. Silver
Mr. ~olomon
Mr. B~visky
Mr. 8~in
· Mr. 8trelzin
Mr. Sullivan (E C )
Mr. Tnllon
Mr. VaDn
Mr. iTle~a
Mr. Vi~ilio
Mr. Wahh
Mr.
Mr. Weprln
Mr. H;~tz
Mr. Wil~n
Mr. Yevoli
Mr.
Mr. Zimmer
NOES
A. 4573
S.
to amnd cha~ter one hundred thtrteen of the
IMS of etghtaen hundrtd stxty, relattng to
iddlttofl&l offtcers tn the to~n of $outhold,
Suffolk count.y, tn reletlue to t~
~usttces tn the to~n of 5outhold.
~~o~r~sz°%. =
8111 perztts &' resident of Ftshers Zs~&nd to be elected · To~n of Southold ,lusttce of
the PIace and bet ~1 member of Tern 8oeJ*d ·Iso.
~,AT ZONAZ~ -
Intended to Implement a request of' the T(Mn of
So.hold.
F, EGZS~ATIV~ HLqTORZ. - Ile~ bttl.
PE~IN~qT C0NSZDERATIONS --
Chapter 739 of' the Lmvs of 1976 ~fl~d ~e Untfom 3usttcl Court Act (Section 105) and
~e T~ tw (Sections 60 ~d ~a) ~ pr~t~ ~at t~n Justt~s shall cede to serve
~e~ of ~e t~n bo~d tn t~ ~ ~e s ~n
~ of offl~,. ~d' ~e e d. cl~s ~ ~e e~t~atton ~
=uncll,n. v,c~cles ~ s= t,n bo~ds shall be ftlled by ~e electt~n~
Zn ~e TMn ~ Sou~oid. ~e T~n 6o~d ts c~o;ed ~ a S~e~tsor, three (3)
~ustt~s ~d Wo (2) CounctTmn. ~e ~trd ~ ]~tl~ ts ~ort~d b~ a spectal a~ of
~gtslatu~. Su~spect~l act P~vt~s ~at su~ t~n ~uett~ shall restde ~ Ftshe
~e e~e~ ~ ~e 1976 .Ina~nt Is to ~ve ~e'Ftsh ...... ~ ~sl~d.
~l~d to k~p ~e ~t~n~ ~ ~e Zsl~d ...=,~t~ ~0~ the r~ld~t t~n Justt~ ~ Fishers
F~S~L X~LX~ ,-. m~fl~u/ P~ttctpatton tn T~n gover~t~'
I"~B~203 (12/75)
'SENAT~
NO. 3285
lO-Day Bill
BUDGET REPORT ON BILLS
NO REC0~ENDATION ,
Session Year' 1977
Title: An Act ~9 ~m~ chaDte~'one hu~,~vd ~hirteen of ~h6 lays of
'I'Ve above bill ha been re~ ~
C~en~. /'~Cer cereal re~ __e~ ~ ~h~D~!on of the Budget for
We =here~ore ~ke norec~dati~.
3~ne 2~ 1~77
Dear Hr. Gr~hatzt
F.~clo~ed please find a copy of tho bL/l mmrandum for
the above le~slatlon. By operat/on of law the resLde~to
of FLohars Zsla~d~ who ars ~ · unLque geogrophJ, cel
9ceLtLon, w111 suffer t~e lce~ of mmingful represents-
tics. ThLs legislation was LntomJed to testify th/s
sltuatiofl. I have recoivod · lot of cor~pQnd*nce frc~
both lndlY/du-ls and groups mLdent on tho T-la~d who
nco concer~ed over to~ Ices of s ma~ingful voice /~
thaLr govern~t.
Enactment of thls provl~lo~ L~to l~w would be a stop in
ttm preservatio~ of the hLstorlo right of self-government
for the rasLdento of F/Jharo Island.
SLnce~ol¥ ~ouro~
:S-3285 b7 Sic&coz Ls¥&lle
z~ Support of:
AN ACT to amend chapter one hundred thirteen of the laws
fo'.eighteen hundred sixty, rela~g to additional officers
in the town of SOuthold, Suffolk county, in relation to town
Justices of the town of Soutb~ld.
'.Summs~, and Purpose:
Amends Chapter 1~.3. of .the laws of 1860 (as a~ended BY.
ChaRter 373 of ~e Lawa of 1898) to provide that the Town
Justice of' the Town of Southold who resides on. Fishers '
Island shall continue ns e member of the town board of such
town.
Statement in Support:
ChapteF ?39 of the Laws of 1976 Amended the Uniform
Justice Court Act (Section 105) and the Town Law (Sections
~0 and riO-a) to provide that town Justices shall cease to
serve us members of the town board in towns of the second
class upon the expiration of their present terms of office,
· and the vacancies on such town boards shall be filled by
the election of town councilmen,
in the TOWn of Southold; the Town Board is cOmPosed
of a Supervisor, three (3) Town Justices and two (2) Council-
men. The third town Justice Is authorized by especial act
of the Legislature. Such'special act provides that ouch town
Justice shall rasi~e'.on Fishers Island. The affect, of the
197~ enactment ib to remove the Fishers Island town justice
from the Town Board and thus leave the people of Fishers
Island without any representattml.
· Statement in Support= (Con't)
Moreover, there is Do direct transportation between
Fishers Islandand the mainland of' the Town of Southold and
therefore, it is virtually impossible for the Fishers Island.
reBldents to attend Tarn Board meetings. It has Been the
.custom for .the resident town Justice of Fishers Island to
.keep the residents of the Islan~ apprised of Town matters
.as well as to present their views on various issues which may
concern them. In eTfe~t, the F~shers Island' town Justice, as
a member of the. Town B&ord, has acted as the 'link between
Town government and 'the people of Fishers Island. The effect
of'the 1976 amendment to the Town Law Is ~o deprive the
residents of Fishers Island from meaningful participation
~n To~n government.
Fisoal Implications:
.None
Bffective:.
Immediately
OFFICE OF COURT ADMINISTRATION
~ Bull~nl4 · 20th Floor
Empire State Haza
AIb~y, New Ymk 12223
Telephone ($18) 474-10~8
,~une XO, X577
CounleX ~o ~he Governor
Executive chambe=
· he caP:l.tol
&Xbany~ New York ~.2224
Rez Sen&to 3285
Dear 1~. (~rSbetz~
Thank you £or sol,citing ~he v4ews o£ th~s Office
We have. d~scussed th~s b.ll]~ J.n connectXon wXth
Assembly 6049-Ar And.X enclose & copy O~ our letter t
Very truly yours,
JUN ? lgTZ
MEMORANDUM
STATE O~ NEW YORK - D~ARTM~iT O~ STATE
FROM: ~ario M. Cq_n~o_'~Jl/~
SUIJECT: 8. 3285 (Se~. T.mValle)
~ecc~ndetion: ~
DAT~ u'lme 6, 1977
OFFICE: Co,Eel to ~he Gover=or
OFFICE: 8ecreta~ of 8~ate
You have re~usste~ ~ur c~ents an~ reco~men~at£on on ~hs
ab~ve-D'm~ered h111.
The bill would' amen~ Chapter 113 of the Laws of 1860 which
create~ an additio~al "Justice of the peace office' in the town of
8outhol~ t~ be held by n resident of Flsher's Xslen~, the ~o~aocks
or Mystic Xelan~. An am~-~nt in 1898 (L. 1898, c. 373} maas
residence ~n Flsher's Xulan~ only a prere~tsi~e for the office.
This hill would replace ~e an~ "Justice of ~e peace" title
Addit~onally, ~e b~11 ~ pr~de ~at ~e t~ Justice
~s ~revioully ~l~ated l~ disa~pro~l of au~ a ~oinder of ~e
legislative a~ J~ieial f~ctAo~s of a t~ ~ one official (see
~r~ in op~osi~ to a-10039~ of 1976). ~a~ter 73V of
~e ~s of 19~6 was ena~t~ to pr~ide a s~e~ide plan for ~e
r~l of t~ J~tices fr~ ~e t~ b~s of t~s of ~e
Notwithstanding the a~ve, certain practical difficulties
make the present stete-W~e plan ~nfaas~le w~ r~ to Sou~olds'
particular prell. Fl~er Xsl~ la a ~11 lsl~ off ~e nor~
coast of 8uffo~ C~. Z~ ~l a ~a~ of leal ~an 300
pe~le. Accesl to ~e ~i~a~ (Sou~old) il via a fer~ which
poses ~rtiC~ar diffic~ d~g ~e w~ter ~s. ~presen~-
ti~ on ~e t~ b~ ia ~e pr~ c~sidera2ion. We are infold
by ~e t~ '8u~tsor of Sou~old ~a~ it ~d be practically
~osaible to f~11 ~o sepa~ positive fr~ ~e l~ed ~op~ation'
~se of ~lsher Isla~
In li~t of ~e ~us~l ~c~ces In ~e ~stant sit~-
~ ~ll office has no ~]~i~ to ~e b~ll.
~:~w
I~MOR~HDUM FOR TH~ GOVeRnOR
Ro~ Senate 3285
Thee bill would amend a po~lon of a specie1 act of ~he
Leg4slature, namely, se0tion 2 of chapter 113 of the Laws of
1860, as ~aended by chapter 373 of the T~WS of 1898.
The bill would take effect ~lietely.
In 1860, the ToMe Board of the Town of Southold in Suffolk
peace. The town ~noluded severe1 Islands. The 1860 special act
&uthor~zed a fifth Jus~Lce of ~he po~ce in tho Town of Southold
an~ provided that one of the Justices of the peace would have to
thereto called the Honnooks, or upon Mystic Island. That ~'ifth
Jus~zLca of ~he peace also became a member of tho town board
a11 of tho alaotore~ as dist~nguishod from only those living on
the islands, had'the right to' vote for tho fifth Justice of the
~m ~uw=~ce cz ~ peao~ to town Justice. The 1860 act was
amended by chapter 373 of the Laws of 1898 so as to make the
residency provisions applioab~e only to Flshur*e Island.'
Chapter 739 of ~he Laws of 1976 repealed an~ reenacted
Town Law SS 60 end 60-a, end enacte~ a new Uniform Justice Court
A~c ~ 105, muh~/vie~on (d), which contemplated the ~val of the
two ~own ~usti~em fro~ the now norm~l form of town government
afo~r_~wns of .the second olass~ ~amely, a. government made up of
~own superv~ser, ~wo town Justices and two town cooncilmen.
Althoggh tho ~ of Southold in Sttffolk Coonty has a Population
of 16,804, end m~ght thus bo thought ~o he a ~own of the first
class, it is not~ because of tho provisions ~n Town Law S 10
has Senste 3285
which provide that all towns ~n Suffolk County are towns of the
~snd cla. se: The current form of ~wn. government for towns of
scone oJ. ass did not supersede SPec~sl acts relating to the
number of town Justices on town boards. The Town of S~uthold
did, however, through local &ot~on authorized by the Town Law,
replace two of ~he' 'town Jus~zLous by town counu:L*],.n~n, as a result
of *w~Lch thq town board in that town now consists of the town
supervisor~ two ~own ouunclhnen and three town Justices. Chapter
739 of the Laws of 1976, which provldes for &helition of the
legislative function of ~own ~Jus~zLoes On town boards of towns
of the second claes, did not contenpln2e towns to which special
acts of the Legislature appL:Led ~n~ which were operating ~n 1976
this bill was .designed to clarify the function of the u[nusual
£sct of a third tbwn ]ust:Lco in the Town o£ SOuthold and to
continue ~hat town Justice as s member of the town board of the
town.
I find no legal objection to this bill.
Dated': June 13, 1977
ResF~t ful_~¥ sul~n~tted ~*.
3.ne ~3, ~977
Hon. Judah G~betz
Executive Chamber
We, the $outhold ?mm Bo&rd 8ndmyfelf, f&~or th~s b~ll
to be s$s~edby the Governor.
Index No: 09-29736
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ARTHUR J. WALSH and NINA J. SCHMID,
Petitioner,
-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.
ORDER TO SHOW CAUSE with
AMENDED ANSWER with COUNTERCLAIM and CROSSCLAIMS
DANIEL C. ROSS
Attorneys for Respondent Ross
315 Westphalia Avenue
P.O. Box 146
Mattimck, New York 11952-0146
(631) 298-1200
ATTENTION: Daniel C. Ross, Esq.
NOTICE OF ENTRY
SIR: PLEASE TAKE NOTICE that the within is a certified true copy of a
named court on ,2004
Datea,
duly entered in the office of the clerk of the within
NOTICE OF SETTLEMENT
SIR: PLEASE TAKE NOTICE that an of which the within is a true copy will be presen~d for scttlament to the
one of thc judges of thc within named Court, at 400 Carlcton Avenue, Ccn(xal Islip, New York on
Dated,
DANIEL C. ROSS
Attorneys for Respondent Ross
315 Westphalia Avenue
P.O. Box 146.
Mattituek, New York 11952-0146
(631) 298-1200