Appellate court upholds decision on Westchester exec petitions in Independence Party race (updated)

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The Supreme Court Appellate Division in Brooklyn upheld a Westchester judge’s decision Thursday to knock an Independence Party write-in slot off the primary ballot in the Westchester county executive’s race.

The decision likely ends County Executive Rob Astorino’s chances of capturing the Independence line for the general election. The petitions to create a write-in spot on the ballot, called an opportunity to ballot, would have allowed him to challenge New Rochelle Mayor Noam Bramson for the line Sept. 10.

The party endorsed Astorino in 2009 but switched its support to Bramson, a Democrat, this year.

The court said the petition was filed late and that was a fatal defect. It didn’t address the other issue heard at the lower court, which threw most of the committee that filed the petition out of the party after accusations that they had been part of a raid on the party for the benefit of Astorino.

But the Astorino campaign, which said it would appeal, said the petitions weren’t late because the Board of Elections had extended the filing deadline. In invalidating the petitions, the Supreme Court judge cited several cases saying the 5 p.m. deadline is absolute and the Board of Elections has no authority to extend the filing period.

“Our petition filing was not late,” said Jessica Proud, the spokeswoman for Friends of County Executive Rob Astorino. “The Board of Elections stayed open until 10 p.m. on the night petitions were due to accommodate campaigns. Many campaigns across New York State took advantage of that, filing petition signatures after 5 p.m. — including the campaign of Mr. Astorino’s opponent — yet we have been singled out in this ruling. It makes no sense, and thousands of Independence Party voters who wanted a primary are being disenfranchised as a result.”

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  1. HABIBHASAN--An American Storyteller on

    . . .what you want me to say ? Comment on The Appellate Court’s Ruling! . . . . Comeon now! I am a Constitutionalist not a Poet.

    Go eat Dinner!

    HABIBHASAN-An American Storyteller

  2. HABIBHASAN--An American Storyteller on

    Thank You! Angi. Oh! Sorry Honey and Janet !

    *Go watch Angi’s List Commercial on National Television! LOL

  3. HABIBHASAN-An American Storyteller on

    . . . .Hey! Where’s everyone? Did they bought a Horse and left Town or Something. . . . Buddies?

    Well! Who asked both of You to go to the Court?
    The Commissioner of Elections!

    At least! Whatever, The PRESS says about the little girl who used to ” sit outside ” the Steps of The Court House after School before heading home. . . And, later made it as an Attorney and DA! actually ” stool ” the Republican and Democratic Parties Panties leaving them Commando! LOL

    ( Laughter ) ! Actually, She impressed me in this Election!

  4. HABIBHASAN-An American Storyteller on

    LOL! I love you Angie. . . .Oh! Sorry! Honey.

    LOL! I am really loving it! And, McDonaldburg Bumbum!

    How do you spell Westchester County?

    Eya Eya Yolo!

  5. What about the Hutch on

    Political Patronage Hacks such as McCormack, Alberty, Oros, Cerino, Sculti and Dehensky tried to hijack the Independence Party and the judge said NO? Serves Astorino right trying to fool the voters of Westchester.

  6. Hutch, the only reason the Independence Party is backing Bramson & the other dems. is becuase Astorino refused to give them patronage jobs. Get your facts straight.

    The only 1 trying to fool voters is Bramson. When do I get to hear how he’s cut taxes in New Rochelle? Or even how he’s done a great job managing the finances of New Rochelle? Both fantasy’s if you hear them.

  7. I’m glad Astorino told the Independence criminals to go scratch on the quid-pro-quo jobs deal. Better to lose an endorsement than to go to jail. Not sure what Bramson offered but he better be real careful. Someone like him doesn’t do well in prison if you catch my drift.

  8. HABIBHASAN-An American Storyteller on

    Hey! Gentlemen. . . I ” catch Your drift! “. . . But! Ain’t difting or let The United States Drift! Trust Me! The Local Governments cannot be allowed to play the Role of Shaking My Carpet on American Soil! Not allowed where HABIBHASANs, HAMILTONs and MADISONs will always be their to Protect The Republican Federalism and Its Soil, Flag and The Constitution. . . AMEN.

    Regarding! ” the Jails part ” that I read in the above comment I was wondering who is ” closing the Jails currently in NY? Branson or Aristino?

    Yes! I got the drift! Sir.

    HABIBHASAN-An American Storyteller

  9. HABIBHASAN-An American Storytwller on

    . . .what happened! Overthere in Westchester County?

    long-term Constipation!
    ( after the Supreme Court Ruling). . .
    Why no one is saying a Word about it? You say You are all Americans Right?
    LOL!

  10. HABIBHASAN-An American Storyteller on

    Eva! Eva!Yooooo! LOL! I really loved this news. . . Now, lets move on.