Bragman v. Larsen

• Decision Date: 14 August 2017
• Docket Number: Index No.: 03795/2017
• Citation: 2017 NY Slip Op 32833 (U)
• Parties: JEFFREY BRAGMAN, KATHEE BURKE-GONZALEZ and CHRISTOPHER KELLEY, Petitioners-Objectors, v. GERARD LARSEN and JULIE A. EVANS, Respondents-Candidates, -and- ANITA S. KATZ and NICK LALOTA, Commissioners constituting the Suffolk County Board of Elections, Respondents, For an Order Pursuant to Sections 16-10, 16-102 and 16-116 of the Election Law, Declaring Invalid the Designating Petition(s) Purporting to Designate the Respondents-Candidates as candidates of the Independence Party for the Public Offices of "Town Board" and "Trustee" respectively, Town of East Hampton, in the Independence Party Primary Election to be held on the 12th day of September 2017, and to Restrain the Said Board of Elections From Acting to Reconsider and/or Reverse Its Decision Finding Respondents' Nominating Petition(s) Invalid and Printing and Placing the Names of Said Respondents-Candidates Upon the Official Ballots of Such Primary Election
• Court: New York Supreme Court

2017 NY Slip Op 32833(U)

JEFFREY BRAGMAN, KATHEE BURKE-GONZALEZ and
CHRISTOPHER KELLEY, Petitioners-Objectors,
v.
GERARD LARSEN and JULIE A. EVANS, Respondents-Candidates,
-and-
ANITA S. KATZ and NICK LALOTA, Commissioners constituting
the Suffolk County Board of Elections, Respondents,

For an Order Pursuant to Sections 16-10, 16-102 and
16-116 of the Election Law, Declaring Invalid the
Designating Petition(s) Purporting to Designate the
Respondents-Candidates as candidates of the Independence Party for
the Public Offices of "Town Board" and "Trustee" respectively,
Town of East Hampton, in the Independence Party Primary Election to
be held on the 12^th day of September 2017, and to
Restrain the Said Board of Elections From Acting to
Reconsider and/or Reverse Its Decision Finding Respondents' Nominating Petition(s) Invalid and
Printing and Placing the Names of Said Respondents-Candidates Upon
the Official Ballots of Such Primary Election

Index No.: 03795/2017

SUPREME COURT - STATE OF NEW YORK IAS PART 32 - SUFFOLK COUNTY

August 14, 2017

SHORT FORM ORDER

PRESENT: Hon. W. GERARD ASHER Justice of the Supreme Court

Motion Date: 08-03-2017
Adj. Date: 08-14-2017
Mot. Seq. # 001 MD; 002 MG

Twomey, Latham, Shea
Kelley, Dubin & Quartarari, LLP
Attorneys for Petitioner-Objector
33 West Second Street
Riverhead, N.Y. 11901

Garrett W. Swenson, Jr., Esq.
Attorney for Respondents
Gerard Larsen and Julie A. Evans
76 Bay Road
Brookhaven, N.Y. 11719

Dennis M. Brown
Suffolk County Attorney
Attorney for Respondents
Commissioners and the
Suffolk County Board of Elections
P.O. Box 6100
H. Lee Dennison Bldg.
100 Veterans Memorial Hwy.
Hauppauge, N.Y. 11788-0099

Upon the following papers read on this motion; Notice of Motion/ Order to Show Cause and supporting papers; Notice of Cross Motion and supporting papers; Answering Affidavits and supporting papers; Replying Affidavits and the

Page 2

Affidavit in Opposition to motion to dismiss and Reply affirmation and supporting papers; Other.

ORDERED that Petitioner's Order to Show Cause is dismissed in its entirety, it is further

ORDERED that the specific objections set forth in the petitioners moving papers are without merit and are likewise dismissed and; it is further,

ORDERED that the Temporary Restraining Order is hereby vacated and as such the Board of Elections is directed to review and process the single corrected petition filed by the respondents/candidates on July 17, 20017 and to determine its validity forthwith.

Petitioners-Objectors' Order to Show Cause for an order of the court declaring null and void the Designating Petitions of the Independence party filed on behalf of the Respondents Gerard Larsen and Julie A. Evans with the Suffolk County Board of Elections purporting to designate Gerard Larsen as a candidate for the public office of "Town Board" Town of East Hampton and Julie A. Evans as a candidate for the public office of "Town Trustee," Town of East Hampton; (2) enjoining and restraining the Suffolk County Board of Elections pursuant to CPLR §§6311 and 6313 from taking any action to reconsider and/or reserve its determination made the 14^th day of July, 2017 declaring the aforesaid petitions invalid; (3) declaring said Designating Petition(s) of the Independence party for the public offices of "Town Board" and "Town Trustee," Town of East Hampton, as invalid, null and void due to insufficient valid signatures; (4) declaring said Designating Petition(s) of the Independence Party for the public office of "Town Board" and "Town Trustee", Town of East Hampton as invalid, null and void for failing to comply with the Election Law; (5) declaring that the respondents/candidates are not qualified to be candidates for said office and striking said candidates' names from the official ballots and voting machines to be used in the upcoming Primary Election, to be held on September 12, 2017; (6) enjoining and restraining the Respondent Commissioners of the Suffolk County Board of Elections from printing and placing the name of Respondents Gerard Larsen and Julie A. Evans upon the official ballots and voting machines to be used in the upcoming Primary Election, to be held on September 12, 2017; and (7) granting such other, further and additional relief as this Court may deem just and proper; is determined as follows:

The controlling law and regulations are 9 NYCRR §6215 and N.Y.S. Election Law.

The petitioners are duly registered voters with the State of New York, and of the Town of East Hampton, enrolled in the Democratic Party and entitled to vote in the primary election scheduled to be held on the 12^th Day of September, 2017 and in the general election to be held November 7, 2017 and are designated candidates by the Democratic Party, the Independence Party and Working Families Party in East Hampton to run for the Offices of Town Board/Town Councilman.

The respondents Gerard Larsen and Julie A. Evans are duly enrolled members of the Independence Party seeking its nomination to run for the offices of Town Board and Town Trustee. They, too, are eligible voters and entitled to vote and seek to run a primary on the Independence Party line against the petitioners in the upcoming primary election to be held on September 12, 2017.

Pursuant to the requirements to run for Elective Office in the State of New...