The Flacks Report [24 Oct. '09]

A.C.P. IV to run for Rangel's Seat?---Stuy Town Victory---Globerman Retires---N.Y. County Surrogate Up-date---One Day in the Life in Court on Election Day

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A.C.P. IV to Run for Rangel's Seat?

Adam Clayton Powell IV To Open Exploratory Committee For Rangel’s Seat
City Hall News . . .Thursday, October 15, 2009

By Andrew Hawkins

Harlem Assembly Member Adam Clayton Powell IV is planning to open an exploratory committee “in a week or two” to test the waters for a possible run against embattled Rep. Charlie Rangel, Powell told City Hall. “A lot of people have been talking to me for a few weeks,” Powell said. “It’s no secret that I’ve always been interested.”

Powell first ran against Rangel in 1994, hoping to reclaim the seat his father, Adam Clayton Powell Jr., had held for decades before losing to Rangel in 1970. The younger Powell, who launched his last bid while a member of the Council, raised money for a possible run against Rangel in 2004, but never pulled the trigger. The news that Powell is mulling a run against Rangel comes on the heels of bank manager Vince Morgan’s announcement of his own plans to run in next year’s primary for the Harlem seat.

Powell has had a checkered political career. The scion of one of New York’s most prominent political families, Powell was accused of rape by two women in 2004, but never formally charged. In 2008, after being pulled over for drunk driving on the West Side Highway, officers discovered a passed out woman in Powell’s backseat. His poor attendance record in the Assembly and meager legislative output has earned him derision from some of his colleagues, who accuse him of being an indifferent politician.

But Powell is well-loved in his district and, in a neighborhood where one of the main boulevards is named for his father, enjoys stratospheric name recognition. “I believe I would make a formidable candidate,” Powell said. “I’m only in my 40s. Forty-seven-years-old. Because you need someone who can stay there—assuming the voters will continue to re-elect them—that can stay there for 20 years to gain seniority, like my father, who was a congressman, and like Charlie Rangel has been able to do.”

Powell said he is more motivated by Rangel’s advancing age (he turned 79 in June), rather than the recent controversy surrounding the congressman’s personal finances. The House voted last week to allow Rangel to keep his powerful Ways and Means Committee chairmanship, despite heavy pressure from Republicans that he relinquish the leadership post. A wide-ranging ethics investigation is still ongoing. Whether Rangel succumbs to mounting scrutiny, or decides that he is ready to retire, Powell said that competition for his seat will be intense.

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Stuy Town Victory

The N.Y.S. Court of Appeals ruled on 22 Oct. '09 in favor of the Peter Cooper Village/Stuyvesant Town tenants that their landlord cannot deregulate their rent-stabilized rents if the landlord is accepting tax benefits.

The owners, Tishman Speyer and Met Life, had illegally raised rents by mis-interpreting D.H.C.R. regulations. The Court said that rent-regulated apartments couldn’t be subjected to luxury decontrol while at the same time the landlords benefited from public J-51 tax benefits from the City. The divided Court decided on interpretation of State rent regulations and the legislative intent, going back to a 1974 floor debate in the State Senate.

This could have a wide-ranging effect in that any landlord benefiting from J-51 who had decontrolled rent-regulated apartments under luxury decontrol may possibly have to reimburse over-charges to tenants paying market-rate rents.

It is important to read the entire decision, which you may link to here. It is expected that there will be further litigation.

http://www.nycourts.gov/ctapps/decisions/2009/oct09/131opn09.pdf
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Globerman Retires

Acting State Supreme Court Justice Ira Globerman has retired before the expiration of his term, creating a County-wide vacancy for his N.Y.C. Manhattan Civil Court seat. His last day on the bench was Friday, 23 October 2009, and will be officially out of the State system on the 29th.

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N.Y. County Surrogate Up-date

Trial Judge Michael Obus adjourned for a week, until 30th October, his decision on Nora Anderson and Seth Rubenstein's motion to dismiss.

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One Day in the Life in Court on Election Day

Your correspondent spent Primary Election day (15 Sept. '09) and the Run-off Primary Election day (29 Sept. '09) observing the public proceedings at the State Supreme Court Special Term held in and for the County of New York at the Manhattan Borough office of the N.Y.C. Board of Elections, 200 Varick Street.

On Primary day, Justices Michael Stallman and Emily Jane Goodman had but three applications for a court order to be allowed to vote: one because of a machine malfunction, one because of a "voter malfunction," and one which was denied because the voter wasn't registered. On the run-off Primary day, no-one appeared before Justice Matthew Cooper.

Each election day saw a judge, his/her court clerk, court officers, a City police officer, special referee, and court stenographers present. That's the cost of democracy.

[There was also an auxiliary branch of Special Term at the Harlem State Office building on W. 125th Street, where Justice Milton Tingling sat both days. The day after each election I asked him how many voters appeared in his court, but he couldn't recall.]

Special Term at 200 Varick Street was held in a dingy room with peeling paint and broken furniture. The Board of Elections didn't provide the court personnel with a computer or a telephone. At one point a senior Board employee tried to "evict" the Justice from her table ("bench") because he wanted to use the table, but was stopped from doing so.

But what was all the more outrageous, voters who would come to Special Term there had to pass through building security which required the voter to sign in, show a "valid" picture identification card, and be photographed (which would be kept on file). No such indignity befalls people who go into State Supreme Court buildings at 60 Centre Street or elsewhere (although entrants are required to pass through magnetometers). This recalls South Africa during apartheid days.

The Flacks Report [14 Oct. '09]

County Leader Farrell Steps Down---Ct. of App. Lt. Gov. Decision---Handell Moves to New Jersey---Surrogate Up-date---Miriam Friedlander---Maxine Duberstein---Five More Civil Court Vacancies?

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County Leader Farrell Steps Down

Democratic Party County Leader, State Assemblyman Herman Denny Farrell, relinquished his post after 28 years. The coronation of Farrell's successor, Harlem Assembly member Keith Wright, at a recent County Executive Committee meeting was marked by self-congratulatory speeches and mutual adulation. All the Party's feckless district leaders acquiesced. Farrell said that in his years he unified a Reform vs. Regular County party organization. Perhaps, but a proper comparison could be made to Tito's Jugoslavia, and Wright is no Milovan Djilas.

Farrell, by his own admission, is not and never was a Reformer. Some who worked years ago to eliminate political influence in judicial selection by establishing judicial screening panels (which may be said to have improved the course of the Manhattan judiciary with almost every judge we Reformers put on the bench) in the County rules feel that Farrell set back the cause of judicial reform by a quarter of a century. This year we filled the John Stackhouse vacancy on the State trial bench. Interestingly, it was Stackhouse, when he was the Chelsea Club's district leader, who forced Denny Farrell to agree to abide by panel screening of judges 28 years ago. Will Keith Wright support panel-screened judicial candidates? Yes. "I believe in and support the Party's judicial screening panel process" he told your reporter.
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Court of Appeals Lt. Gov. Decision

Links to the N.Y. Court of Appeals decision on the Lieutenant Governor appointment:
http://documents.nytimes.com/the-new-york-court-of-appeals-decision-and-dissent#p=1
http://www.nyrealestatelawblog.com/2009/09/ny_governor_can_appoint_a_lieu.html

And remember, "The Supreme Court follows the election returns."
---Finley Peter Dunne
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Handell Moves to New Jersey

Al Handell, Mister Astoria Graphics and the Ben Franklin of the Reform movement, has moved his plant to the Garden State. Now at 2 Anderson Ave., Moonachie, N.J. 07074, he'll still maintain an outpost at 225 Varick Str. in Manhattan. Telephone: (201) 507+51.51 or (212) AStoria 4 - 9600.

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Surrogate Up-date

Nora Anderson and Seth Rubenstein's motion to dismiss was adjourned until Friday, 23 October, 2009, at the Court's request (Obus, J.).
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Miriam Friedlander

Former liberal and left-wing City Councilmember Miriam Friedlander dead at 95. After leaving office she continued holding yearly conferences on social issues. Link to:http://cityroom.blogs.nytimes.com/2009/10/08/friedlander-former-councilwoman-dies-at-95/
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Maxine Duberstein

Also deceased, Maxine Duberstein, J.S.C.
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Five More Civil Court Vacancies?

Five N.Y.C. Civil Court judges are contemplating leaving the bench before their term is completed or of not seeking re-election: Ira Globerman, Harold Beeler, Karen Smith (who is leaving next year in May or Oct.), Marilyn Diamond, and one other who asked for anonymity. Lack of a pay raise in the last eleven years is but one issue.
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“A judge can never have a bad day in court, when for a litigant, it’s their only day in court.” --James D’Auguste

Necrology

Lillie Balinova

Died, after a year-long battle with pancreatic cancer, Lillie Balinova, Lex. Club V.P., on Sept. 17th. Service was private; memorial service pending. Info.: Trudy L. Mason, (212) RHinelander 4 - 88.41.

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Clifton Maloney

Clifton Maloney’s funeral will be held next Friday, October 9th, 2009, 11 A.M., at the Brick Presbyterian Church on Park Avenue at East 91st Street, Manhattan .

[The Maloney family will be receiving friends at the family home, 49 East 92nd Street, Manhattan, today Wednesday, October 7th, 2009, from 6:00 to 8:00 P.M.]

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Robert Joseph Healy

A memorial service for Bob Healy (Robert Joseph Healy) will be held this coming Saturday, 10th October ["Ten-Ten Day"], 2009, at ten o'clock in the morning at the Grace Baptist Church of Christ, 223 New Jersey Avenue, Brooklyn, New York. All are welcome. There will be a service and an eulogy. Friends are invited to speak as well. Afterward, there will be a luncheon at 12 noon. (A $10 fee for the luncheon is requested to cover expenses and for a scholarship fund.)

Bob was active with the Churches United for World-Wide Action, and unstintingly assisted a number of local churches. Tim Ferguson and others were instrumental in organizing this "one last meeting" for Bob's many friends. Please attend.

Public transportation information: From Manhattan by subway, take any IND "A" train to Breuckelen to the East New York/Broadway Junction station, and change for the "CC" Eighth Ave. local train one stop to Liberty Avenue. Ask fellow alighting passengers or the "station agent" for directions to the church, which is about 200 feet from the station. Remember, travel by bus and subway on the weekends is "iffy," so please allow additional time. ["Scheduled" Underground travel time from 59th Str./Columbus Circle to E. N.Y./B'way Junction is approx. one half hour, and the headway (time between trains) is 10 minutes. The "CC" also runs every 10 minutes, and takes 3 mins. to Liberty Ave.]

N.Y.C.T.A. travel information number (if they will answer) is (718) 330+12.34. The church's telephone number is (718) 485+7600. The pastor is Rev. Jacob Underwood, whose telephone number is (646) 963+47.82.

Selected Events

[Events which request contributions are indicated by $.]

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15th October, 2009, Thursday, 6 P.M. New York County Democratic County Committee meeting. Venue: Local 1199, 310 W. 43rd Str. (betw. 8th & 9th Aves.) in the auditorium.

16th October, 2009, Friday, 8 A.M. Citylaw breakfast. N.Y.C. D.O.B. Commish Robt. LiMandri. N.Y. Law School (new bldg.), 185 W. B'way @ Leonard Str., 2nd Fl. [This should be interesting in light of the recent arrests of D.O.B. personnel. (What, again?)]

16th October, 2009, Friday, at 6:30 P.M. N.Y.C. chapter of Friends of Clearwater meeting & pasta potpourri. D.C. 37, 125 Barclay Str.

22nd October, 2009, Thursday, 6 P.M. Fund-raiser for Gale Brewer. 15 C.P.W., 6th Fl. (@ W. 61st Str.). Info.: (212) 228+74.46 Ext. 31. $

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This information is supplied as a public service, and is not an endorsement of the identified activity, candidate, charity, club, meeting, organization, or topic.

All information is believed to be accurate as of the original publication date of this posting. E. & o.e.

Selected Events

[Events which request contributions are indicated by $.]

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3rd October, 2009, Saturday from 5 P.M. to 11 P.M. The Brooklyn Museum of Art First Saturday Night. An easy subway ride to the IRT Eastern Parkway station, right to the museum's front door. Link to: http://www.brooklynmuseum.org/

6th October, 2009, Tuesday from 4 to 7 P.M. Gang prevention conference ("Social Evolution in the Age of Obama--From Gang Communities to Community Service"). NYCLA, 14 Vesey Str. (betw. B'way & Church Str.), Manh. Panel chaired by Galen Kirkland.

8th October, 2009, Thursday, 6 P.M. Fund-raiser for Gale Brewer. Trump Pl., 220 Riverside Blvd. (W.Side Hwy & W. 70 Str.) party room. Info.: (212) 228+74.46 Ext. 31. $

15th October, 2009, Thursday. New York County Democratic County Committee meeting.

16th October, 2009, Friday, 8 A.M. Citylaw breakfast. N.Y.C. D.O.B. Commish Robt. LiMandri. N.Y. Law School (new bldg.), 185 W. B'way @ Leonard Str., 2nd Fl.

22nd October, 2009, Thursday, 6 P.M. Fund-raiser for Gale Brewer. 15 C.P.W., 6th Fl. (@ W. 61st Str.). Info.: (212) 228+74.46 Ext. 31. $

_______________________________________________

This information is supplied as a public service, and is not an endorsement of the identified activity, candidate, charity, club, meeting, organization, or topic.

All information is believed to be accurate as of the original publication date of this posting. E. & o.e.

THE FLACKS REPORT[30 Sept. 09]

Clifton Maloney---Judicial Convention

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Clifton Maloney

Clifton Maloney’s funeral will be held next Friday, October 9th, 2009, 11 A.M., at the Brick Presbyterian Church on Park Avenue at East 91st Street, Manhattan .

The Maloney family will be receiving friends at the family home, 49 East 92nd Street, Manhattan, this Thursday, October 1st from 2:00 to 4:00 pm and from 6:00 to 8:00 pm. They will also receive friends next Wednesday, October 7th from 2:00 to 4:00 pm and from 6:00 to 8:00 pm.

The biography of Clif Maloney, previously sent to you by Email, was written by his older daughter, Christina.

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Judicial Convention Chooses Billings

Lucy Adams Billings was chosen at this year's Democratic First Judicial District Convention on 24 Sept. 2009 for the seat vacated by John Stackhouse. While there was no contested vote at the convention (all candidates were nominated but withdrew in favor of Billings ), the previous week saw much political activity and lobbying by some of the candidates and their “handlers,” so that by the evening of the convention, the die was cast. The delegate strengths were: Kern 54 (according to Joanne Saccone); Billings 100+ (according to Billings ); Gesmer 2 to 4; and Scarpulla 1 to 3 pledged delegates. [Sixty-five votes were needed of the 128 total delegates.] The total of the votes claimed by each candidate exceed 128—you figure.

There was much a-do, with Billings in the lead with the "she has seniority" vote, "it's her turn" vote, and “she's nearing retirement age” vote (as she expressed at the forum where all active candidates spoke on 16th Sept.), while Cynthia Kern gave Billings a run-for-the-money on the “elect-a-gay” platform according to the consensus of pundit commentators. Ellen Gesmer tried to get some votes for show to enhance her chances next year. Laura Drager, Matthew Cooper, Faviola Soto weren’t running. First-time-out Deborah Kaplan was meeting and greeting delegates to become known, and Scarpulla wanted to try anyway. No known other contenders. And surprisingly, all active candidates agreed to provide the media with copies of their boring County and OCA applications. Should prove interesting who will actually do so.

The screening panel reported Civil Court Judges Deborah Kaplan, Matthew Cooper, and Ellen Gesmer as the three "most highly qualified" of the twelve applicants [eleven lower court judges and one attorney] who appeared before the New York County Democratic Party's screening panel for the single State Supreme Court vacancy in the First Judicial District [Manhattan].

These three were considered at the First District judicial convention along with five others known as “2/4” candidates (Laura Drager, Saliann Scarpulla, Cynthia Kern, Lucy Billings, and Faviola Soto; however, Soto, Drager, and Cooper withdrew from consideration).

The Party’s "2/4" rule says that a candidate for County-wide judicial office who is “reported out” by two screening panels in the previous four consecutive years, may be considered as “panel screened”--and need not re-submit to a panel--for the next four years (excluding any year wherein there is no real “open” vacancy; that is, say, should there be no vacancy or only seats of incumbents seeking re-election). Got that?

The names of this year's screening panelists follow. In parenthesis are the names of the organizations’ whose titular heads, acting in their individual capacity, appointed these panelists; that is to say, no organization per se appointed a panelist. The panelists voted in rounds by secret ballot, voting for the three each panelist considered the “most highly qualified” of the twelve applicants. A majority of votes for three was reached after the third round of voting.

Shoshanna T. Bookson, Esq. ( N.Y. State Trial Lawyers Assn.)

Peter L. Cedeno, Esq. (Dominican Bar Assn.)

J. Patrick DeLince, Esq. (Nat’l Employment Lawyers Assn., N.Y.C.

Chapter)

Jo Ann Douglas, Esq. (N.Y. Woman’s Bar Assn., N.Y.C. Chapter)

Marti Golden Greenberg (N.A.A.C.P. – Mid-Manhattan Branch)

Heidi Harris, Esq. ( American Academy of Matrimonial Lawyers)

Christin J. Masimore, Esq. (M.F.Y. Legal Services)

Freddy Molano, M.D. (Community Health Care Network)

Hae Sung Nam , Esq. (Asian American Bar Assn. of N.Y.)

Thomas Sciacca, Esq. (LeGal)

Barry Thomas, Esq. (Metropolitan Black Bar Assn.)

[30 Aug. '09]

City Board of Elections Manhattan Rulings---Schneiderman Open House---Erika Teutsch---Tammany Hall---Chelsea "Reform"?---D'Auguste on Judging

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[This is long, so that you may want to print it out.]

City Board of Elections Manhattan Rulings

The New York City Board of Elections concluded hearings on all the 171 objections to City-wide and to local area candidates for both public offices and party positions.

Of interest to Manhattanites are three contests: the Anna Lewis/Lynn Kotler judgeship race, Councilmember Alan Gerson's bid to stay on the ballot, and the Park River Ind. Dems. loss of both District Leaders.

In the Anna Lewis/Lynn Kotler Civil Court Judge contest for the 3rd C.C.D., the City Board of Elections found that Anna Lewis had insufficient signatures (1,500 required) for Civil Court judge, and ruled her off the Primary Election ballot. A recount showed that she had even fewer valid signatures. So into court.

A Supreme Court Special Referee sustained the Board of Elections' findings, but Supreme Court Justice Edward Lehner did not confirm the special referee's report and found that Lewis had enough signatures (1,502) to put her on the ballot. Kotler appealed to the Appellate Division (1st Dept.), which granted an expedited appeal. The Appellate Division (First Dept.) unanimously reversed State Supreme Court Justice Edward Lehner's decision to place Anna Lewis on the ballot in the 3rd N.Y.C. Civil Court District; therefore, there was no Primary election for that position, and candidate Lynn Kotler is unopposed.

The memorandum decision said that Supreme Court abused its discretion in rejecting the credibility determinations of the Special Referee [Leslie Lowenstein], and that there was insufficient evidence of record to validate the 39 "D'Ornellas" signatures. Thus Lewis's motion to validate her petition was denied. The full Court of Appeals denied Lewis's motion for leave to appeal.

An interesting side-bar is that Tim Gay of the Manhattan Borough Elections office was involved in checking the validity and sufficiency of the Lewis petition even though he was partisan and collected petition signatures for Kotler. His behavior as reported also in TenantPlanet.org has led to the moniker Board-of-Corruption. The Daily News's Errol Lewis describes the Elections board as "hyper-politicized."

In the1st City Council District, incumbent Alan Gerson was ruled off the ballot by the Bd. of Elections for cover sheet irregularities. A Supreme Court Special Referee ruled the errors amendable and restored Gerson to the ballot. Supreme Court (Lehner) confirmed the referee's report. Lehner, holding that Gerson was in substantial compliance with the State Election law, found that the second amended cover sheet to the Gerson designating petition was factually accurate, that Gerson did not commit fraud, and that he had the requisite number of petition signatures.

For more information on that race, link to:

www.thelodownny.com/leslog/politics

And link to enjoy the transcript of the Special Referee's hearing, compliments of Liz Benjamin:

http://www.nydailynews.com/blogs/dailypolitics/2009/08/a-window-into-politics-on-the.html#comments

Meanwhile, the Park River Independent Democrats has lost its district leaders. Ann Raphael resigned, and after a sort-out of sorts in the club, long-timer dotty Dottye Seales ran for the female leadership spot, but lost the endorsement by a two-to-one margin most likely because of her outrageous and malicious mis-treatment of the former club president. This is the first time in 50 years this club rejected its district leader candidate! Filling this void by circulating her own petitions is a Stringer stalking horse: Jason Haber's wife Cory.

To add injury to insult, P.R.I.D. macher Elaine Roberta Berlin continued her vendetta against nemesis D.L. Earl Scott by successfully knocking him off the ballot because of insufficient signatures in a Board of Elections proceeding. [Also challenging the Scott petition was Derek Meilman.] This is ironic because Bobbi dislikes Stringer, yet she cleared the field to give the Beep another opportunity to seize control of the Park River leadership at a divisional County Committee meeting in his quest for World-wide office.

Furthermore, inspections of many petitions filed at the Board disclose that petition signature quality was dreadful. On the West Side, Three Parks Dems petitions were such that about half of their County Committee didn't meet the minimal signature qualifications. Were they challenged by an opposition slate, they'd be off the ballot.

It was worse on the East Side. The mighty Lexington Democratic Club lost many County Committee members because they were not registered voters or if registered, were not enrolled in the party! How about that Mel Allen?

Most of the signatures gathered by the Broadway Dems (especially in the Grant Houses), Three Parks Dems, and Community Free Democrats were gathered in each instance by the old reliables--the few aged and old club stalwarts. C.F.D. D.L. Joan Paylo out-did herself gathering signatures as did Marc Landis [self preservation?], but D.L. Greg Soumas didn't even petition for himself (his being a Clown on the Bored [sic] of Elections is no bar as he'd have to recuse himself anyway from any consideration of his D.L. petitions). And most judicial delegates and alternate delegates candidates on both the East and West side didn't even petition for themselves. For shame.

If you think this was bad, the Board threw off the ballot a couple of candidates for City Council (one Dem. & one independent) for failing to state on their petition the Council district for which they were running! And there were many cover sheet errors. Jerry Goldfeder's hornbook on the Election Law would have sold well were there a book vending stand outside!

And a note on a City-wide race. Bloomberg threw Adamas, a Republican opponent, off the ballot. Adamas had only 595 signatures.

The City Board of Elections GHQ at 42 B'way in Manhattan, where all the petitions were initially filed, was, shall we say, "disjoint." Petitions were temporarily missing (no sign-out sheets were kept to keep track of them); at the hearings clerks' reports weren't ready; no calendar was posted; no "transparency"; lay people unrepresented by counsel were mis-treated by the commissioners and talked down to.

And so in Manhattan State Supreme court with the Election Law procedings to validate and invalidate various candidacies. Justice Lehner, a bright and gracious jurist, was often--to use a polite word by a visiting Californian in the courtroom--rude, and he encumbered the record with his reminiscences of when he was an Assemblyman et cet.

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Schneiderman Open House

N.Y. State Senator Eric Schneiderman recently held an open-house at his new Manhattan district constituent office at warren-like 5030 Broadway. "Fifty Thirty," the old New York Telephone building which housed many of Telco's operations for well over a generation, is now owned by the Gottesman family (Edison Properties/Manhattan Mini-Storage). I'm not sure whether the commercial space looks like late hospital ward or contemporary penitentiary. Anyway, Eric's reception was called for 5:30 P.M. until 8 P.M., but the food ran out at half six. Washington Heights people come early facetiously remarked political maven and leader Joan Serrano Laufer.

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Erika Teutsch

Erika Teutsch, Bill Ryan's right hand, suffered a heart attack, and is in the Amsterdam Nursing Home, Rm. 1120.

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Tammany Hall

This link will take you to the original sheet music of the song, "TAMMANY," what is just about the most famous Democratic campaign song ever written; music composed by Upper West Side former Republican Party leader Evan Edwards's great-uncle, Gus Edwards.

http://scriptorium.lib.duke.edu/sheetmusic/a/a62/a6277/

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Chelsea "Reform"?

Can you imagine what Bob Healy would say! Certain individuals in the C.R.D.C. (Chelsea "Reform" Democratic Club) told me that they didn't want me to go to their BBQ. because I am not welcome having angered them with my "expose" of their Civil Court district screening panel.

See:

http://www.tenantplanet.org/2009/06/25/something-strange-is-afoot-at-crdc/

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“A judge can never have a bad day in court, when for a litigant, it’s their only day in court.”

--James D’Auguste

Clifton H. W. Maloney, husband of Congress-member Carolyn B. Maloney, passed away on September 25th on Cho Oyu Mountain located on the border of Nepal and China. He was seventy-one years of age.

Maloney reached the 27,000 ft summit on the morning of September 24th, making him the oldest American to ever summit an 8,000 meter peak. He spent that night at Base Camp 3 and arrived the following day at Base Camp 2 at 23,000 feet where he died in his sleep. His last words were, "I'm the happiest man in the world. I've just summited a beautiful mountain."

He was born in Philadelphia on October 15, 1937, graduated from Princeton University in 1960, Harvard Business School in 1965, and served in the U.S. Navy from 1960-1963. An investment banker and real estate investor, Mr. Maloney worked at several financial service companies, including The City Management Corp, Electronic Bond and Share Company, and New York Securities Co., Inc. In 1974, he became a Vice President of Goldman, Sachs & Co.

In 1981, he founded his own company, C.H.W. Maloney & Co., Incorporated, to acquire established businesses for long term investment. Mr. Maloney served as a director of several companies, including The Wall Street Fund, Inc. and Interpool Limited. Mr. Maloney was a dedicated marathon runner who had finished the New York Marathon 20 times and in 2008 finished as the fastest American in his age group. He enjoyed sailing and was a member of the New York Yacht Club. Deeply committed to the quality of life in his local community, Mr. Maloney was on the Board of Civitas and the New York Foundation for Senior Citizens and was active in Carnegie Hill Neighbors.

A member of the Explorer's and American Alpine clubs, he was an avid mountain climber having "summited" five of the Seven Summits (Mount Elbrus, Aconcagua, Mount Vinson, Denali, and Mount Kilimanjaro). His passion for mountain-climbing and an equally great passion for boats of all sorts came out of his experiences as a life-long summer resident of Blue Mt. Lake in the Adirondacks. Mr. Maloney is survived by his wife, Congresswoman Carolyn Jane Bosher Maloney to whom he was married in 1976, his daughters, Christina Paul Maloney and Virginia Marshall Maloney, his mother, Virginia Wells Maloney, his sister, Virginia Maloney Lawrence, and eight nieces and nephews. In lieu of flowers, please send donations to the Clifton H.W. Maloney Scholarship Fund at Princeton University, the Explorer's Club or the American Alpine Club.

At this time there is no word on any memorial service, though one is anticipated at the Brick Church in New York in the near future.

[Written by daaughter Christina Maloney.]

16th September, 2009, Wednesday, 7:30 P.M. C.F.D. Judiciary Committee Forum to hear all 7 of the candidates [Drager, Kern, Billings, Scarpulla, Cooper, Gesmer, Kaplan] for the Democratic nomination for the 1st Judicial Dist. (N.Y. County) Supreme Court vacancy ["Stackhouse" seat] speak and answer questions. Goddard-Riverside community center, Phelps House, 593 Col. Ave. @ W. 88th Str. [Northeast corner], Manh. This event is free and open to the public. All welcome.

17th September, 2009, Thursday, from 6 to 9 P.M. Metropolitan Black Bar Assn. installation of new board & officers. At Chadbourne & Parke, 30 Rockefeller Plaza, 36th Floor [Enter on W. 50th Str. betw. 5th & 6th Aves.]. Please r.s.v.p. to: METROPOLITANBLACKBAR@yahoo.com

18th September, 2009, Friday at 8 A.M. City Law Breakfast. Speaker: N.Y.C. Transportation Commish Janette Sadik-Kahn. N.b.: new location for these breakfasts: N.Y. Law School Events Center, 185 W. B'way, 2nd fl., @ Leonard Str. [nearest subway stop: 7th Ave. IRT B'way local Franklin Str.].

20th September, 2009, Sunday, 12 noon to 3 P.M. Reception for judicial candidate Saliann Scarpulla. "Restaurant 11B," 174 Ave. B (@ E. 11th Str.), Loisaida.

20th September, 2009, Sunday, 3 P.M. to 6 P.M. Reception for judicial candidate Cynthia Kern. 345 Greenwich Str. (betw. Harrison & Jay Sts.), Apt. #5-A, Triangle-beneath-Canal.

20th September, 2009, Sunday, 5 P.M. to 8 P.M. Reception for judicial candidate Ellen Gesmer. Chez Carter, 65 E. 13th Str. (@ 6th Ave.), Apt. #10-B, the Village.

21st September, 2009, Monday, 6 P.M. to 8 P.M. Reception for judicial candidate Lucy Adams Billings. O'Neal's, 49 W. 64th Str. (@ B'way), Lincoln Center.

22nd September, 2009, Tuesday, 6 P.M. to 8 P.M. Reception for judicial candidate Deborah Ann Kaplan. 300 E. 40th Str. (@ 2nd Ave.), roof-top lounge, East Mid-town.

23rd September, 1915. The Thos. J. McManus Assn., 11th A.D., Tammany Hall summer-night's festival, Manhattan Casino, 155th Str. & 8th Ave. Tickets: 50 cents, admit a gentleman & lady. Dancing begins at 8 P.M.

24th September, 2009, Thursday, 6 o'clock P.M. Democratic Party First Judicial District convention. Temple Ansche Chesed, 251 W. 100th Str. (betw. B'way & W.E.A.) Open to the public.

29th September, 2009, Tuesday. Run-off Primary election.

Note: The New York County Democratic County Committee meeting is tentatively scheduled for Thursday, 15th October, 2009.

[11 Sept. 09]

Party Screening Panel Reports

Civil Court Judges Deborah Kaplan, Matthew Cooper, and Ellen Gesmer were reported last night as the three "most highly qualified" of the twelve applicants [eleven lower court judges and one attorney] who appeared before the New York County Democratic Party's screening panel for the single State Supreme Court vacancy [the "Stackhouse" seat] in the First Judicial District [Manhattan].

They will be considered at the up-coming District judicial convention along with four other contenders [Laura Drager, Saliann Scarpulla, Cynthia Kern, Lucy Billings (Faviola Soto has withdrawn from consideration: "I'm happy being a Court of Claims Judge.")] under the "2/4" rule. Further information and the names of the screening panelists will be listed in a subsequent Flacks Report.

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Lewis Off the Ballot

Civil Court candidate Anna Lewis will not be on the ballot in this September's Primary election, leaving Lynn Kotler unopposed in Manhattan district three. This morning in an unanimous decision, the seven-member Court of Appeals in Albany denied Lewis's motion for leave to appeal, leaving intact the Appellate Division's decision ruling her off the ballot.