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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2024 NY Slip Op 24190 [84 Misc 3d 497]
Regular Panel Decision
Jul 05, 2024

Cartwright v. Kennedy

This case addresses a novel question regarding the appropriate venue for challenging an independent designating/nominating petition in an Election Law case, specifically for candidates seeking statewide office. Petitioners, led by Caroline Cartwright, sought to invalidate the nominating petition of Robert F. Kennedy, Jr. and Nicole Shanahan for President and Vice President, alleging fraud and false residency claims. Respondents-candidates moved to change venue from Dutchess County to Albany County, arguing Albany was the proper venue under CPLR 506 (b) and 22 NYCRR 202.64 (a) as the location where the New York State Board of Elections (NYSBOE) makes its determinations. The court determined that CPLR 506 (b) applied, and that "the material events" giving rise to the claims were the filing of the nominating petition and objections with NYSBOE in Albany, and NYSBOE's subsequent actions. Consequently, the court granted the respondents-candidates' motion, ordering the transfer of the case from Dutchess County to Albany County due to improper venue in Dutchess and proper venue in Albany.

Election Law DisputeVenue MotionNominating Petition ValidityCandidate Fraud AllegationsStatewide Political CampaignRobert F. Kennedy Jr. CandidacyNew York State Board of Elections JurisdictionCPLR Article 5Judicial ProcedureDutchess County Supreme Court
References
24
Case No. MISSING
Regular Panel Decision

Matter of Young

The case involves an application by the Secretary of State to cancel and revoke the certification of candidates via telegram. The court affirmed the order without costs and granted the Secretary of State's application. No opinion was provided for the decision, with several judges concurring.

Secretary of Statecertification revocationcandidate certificationtelegramorder affirmedapplication grantedadministrative law
References
0
Case No. MISSING
Regular Panel Decision

LaValle v. Canary

This case involves an appeal from a judgment that denied Kenneth P. LaValle a separate row on the ballot for the Concerned Citizens Against LILCO, an independent body, and declared Election Law § 7-104 constitutional. LaValle was also designated by the Republican and Conservative Parties. The appellate court affirmed the judgment, reiterating that Election Law § 7-104 prevents candidates already designated by two major parties from appearing on an independent row. The court upheld the constitutionality of the statute, stating it permissibly regulates ballot positioning without restricting access. An appeal by Leon J. Campo was dismissed for lack of standing.

Election Law § 7-104Ballot AccessCandidate NominationIndependent Body DesignationCross-EndorsementConstitutional ChallengeAppellate ReviewSuffolk County CourtPolitical Party DesignationElection Disputes
References
7
Case No. MISSING
Regular Panel Decision

Eisenberg v. Strasser

The case involves the affirmation of an Appellate Division order concerning the invalidation of a candidate's designating petition. The court agreed that using a different name ("Tony Eisenberg" instead of "Anatoly Eyzenberg") was not a basis for disqualification. However, the petition was correctly invalidated because the candidate did not actually reside at the address listed on the petition and used for voter registration. The court distinguished this situation from a prior case, Matter of Ferris v Sadowski, where a candidate's former address was listed due to a campaign worker's error. In this instance, the candidate knowingly used a non-residential address.

Election LawVoter RegistrationResidency RequirementsPetition InvalidityCandidate DisqualificationAppellate ReviewDesignating Petition
References
1
Case No. MISSING
Regular Panel Decision

People v. Burke

Defendant John Burke moved to dismiss an indictment accusing him of violating Election Law § 448, which prohibits the corrupt use of position or authority to procure a nomination. The indictment alleged Burke offered to secure the withdrawal of a primary candidate, James Eagan, to ensure an uncontested nomination for James Delaney, in exchange for mortgage financing for the Windsor Hotel. The defense argued that merely causing a candidate's withdrawal does not equate to 'procuring' or 'causing' a nomination under the statute, citing the possibility of other candidates. The District Attorney's analogy to bribery cases, where the crime is complete regardless of the official's actual authority, was rejected by the court. The court clarified that Election Law § 448 targets corrupt bargains by political 'bosses' to control nominations, not merely influencing a primary election outcome by a candidate's withdrawal. The court also noted that while the alleged conduct might violate Election Law § 421(5) (misdemeanor for acts affecting election results), it does not fall under § 448. Consequently, the defendant's motion to dismiss the indictment was granted.

Election LawCorrupt use of positionIndictment dismissalPrimary electionCandidate withdrawalBribery analogyStatutory interpretationLegislative intentPenal LawCampaign finance
References
5
Case No. MISSING
Regular Panel Decision

Lachanski v. Schenectady County Board of Elections

This case involves an appeal from a Supreme Court judgment concerning the validity of designating petitions for Conservative Party candidates in Schenectady County. Petitioners challenged the petitions, alleging "multiplicity of inconsistent candidacies" where candidates appeared on petitions in multiple election districts. The Supreme Court partially granted the petitioners' application, deeming invalid those petitions for candidates listed in multiple districts. The Appellate Court affirmed the finding that such a practice is injurious and that the respondents' excuses were insufficient. However, the Appellate Court modified the judgment, declaring valid the designating petitions for John De Georgio and Carl La Malfa, as they appeared on only one petition each.

Election LawDesignating PetitionsConservative PartyCounty CommitteePrimary ElectionCandidate EligibilityMultiplicity of CandidaciesVoter MisleadingAppellate ReviewAffirmance
References
1
Case No. MISSING
Regular Panel Decision

Dole v. International Brotherhood of Electrical Workers, Local Union 1049

The Secretary of Labor filed a motion for summary judgment against Local Union 1049, alleging that the Union violated Title IV, section 401(e) of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA) by interfering with its members' right to support the candidate of their choice. This interference stemmed from the Union's decision to put candidate David Jayne and his campaign committee on trial for statements made in campaign literature during the April 1987 election for Business Manager/Financial Secretary. Although the Trial Board did not penalize Jayne, the court found that putting a candidate on trial for campaign statements constituted improper interference and reprisal under § 401(e), a violation which carries a presumption of affecting the election outcome. The defendant failed to rebut this presumption. Therefore, the court granted the Secretary of Labor's motion for summary judgment and ordered the Union to conduct a new election under the plaintiff's supervision.

Labor LawUnion ElectionsLMRDASummary JudgmentCampaign InterferenceFree Speech RightsTrial BoardElection ViolationRebuttable PresumptionSecretary of Labor
References
4
Case No. 02-4836
Regular Panel Decision
Sep 13, 2002

Queens County Republican Committee Ex Rel. Maltese v. New York State Board of Elections

This case addresses whether New York State Election Laws, permitting a non-party member to object to another party's primary election candidate for failing ballot access requirements, violate the First Amendment. Plaintiffs, including the Queens County Republican Committee and candidate Perry S. Reich, sought a preliminary injunction to prevent the New York State Board of Elections from printing ballots without Reich's name. Reich's designating petition was invalidated after an objection from a Democrat, Gerald S. Scharfman, due to insufficient valid signatures. The plaintiffs argued the laws were unconstitutional and also sought a reduction in the signature requirement. The Court denied the injunction, concluding that the challenged Election Laws impose only minimal, non-discriminatory burdens on constitutional rights, thus serving the state's important interest in ensuring candidates have substantial support before appearing on the ballot. Furthermore, the Court rejected the request to decrease the signature threshold for ballot access.

Preliminary InjunctionElection LawBallot AccessFirst AmendmentFourteenth AmendmentPolitical PartiesCandidate EligibilityPrimary ElectionState Board of ElectionsSignature Requirements
References
19
Case No. MISSING
Regular Panel Decision

In re Lindgren

Benjamin Gitlow and Harry Winitsky, nominated by the Workers' League for city offices, were challenged due to their incarceration at Sing Sing Prison. The Board of Elections of the City of New York refused to place their names on the official ballot, citing disqualification under the Public Officers Law. An initial order by a Special Term justice granted the candidates' request to be placed on the ballot, asserting the Board's ministerial powers. However, the appellate court reversed this decision, stating that while the Board is ministerial, it must not act on certificates invalid on their face. The court ultimately refused to compel the placement of disqualified candidates, deeming it an 'absurd and foolish thing' to aid in the accomplishment of a wrong.

Election LawCandidate DisqualificationPublic Officers LawMinisterial DutyBoard of ElectionsCriminal AnarchyCivil Rights ForfeiturePrison InmatesMandamusAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Belardino v. Murphy

This case concerns a motion for a preliminary injunction filed by a plaintiff candidate against a defendant candidate for the 17th Congressional District of New York. The plaintiff brought two claims: the first sought to enjoin the defendant from misrepresenting his legislative representation, which the court dismissed for lack of jurisdiction. The second claim alleged that the defendant violated 39 U.S.C. § 3210 by using his franking privilege to mail "official business" materials to residents of New York County who were not yet his constituents. The court found that these mailings did not constitute "official business" under the statute, as they were directed at non-constituents. Consequently, the motion for a preliminary injunction was granted on the second claim, with the court requiring the plaintiff to settle an order including provision for security.

Preliminary InjunctionFranking Privilege AbuseCongressional Election CampaignLack of Federal JurisdictionOfficial Business ScopeConstituent DefinitionInter-District MailingsInjunctive Relief CriteriaCongressional RedistrictingElection Integrity
References
6
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