December Snowflakes

Selected Events
[Events which request contributions are indicated by $.]
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3rd December, 2009, Thursday, at 6:30 P.M. Fund-raiser for Eric Schneiderman. Chez Emery, 514 West End Ave. pentho. @ W. 84th Str. $

5th December, 2009, Saturday, 5 P.M. to 11 P.M. First Saturday Night at the Breuckelen Museum of Art. 7th Ave. IRT express to E'ern Pkway. Their website: http://www.brooklynmuseum.org

6th December, 2009, Sunday at noon. Samuel J. Tilden Democratic Club's Toys for Tots luncheon. Paul & Jimmy's restaurant, 123 East 18th Street, Manh. Further info.: (212) GRamercy 5 - 53.47. $

6th December, 2009, Sunday, 2 P.M. Barack Obama Dem. Club of Upper Manh. holiday party. 565 W. 169th Str. (just E. of B'way), Apt. #6-G.

6th December, 2009, Sunday, 2 P.M. Broadway Democrats holiday party. Chez Martin, 390 Riverside Dr. (enter on W. 111th Str.), Apt. #12-D.

6th December, 2009, Sunday, 5 P.M. Three Parks "Independent" Democrats, Inc., holiday party. American Youth Hostel, 891 Amsterdam Ave. @ W. 103rd Str.

6th December, 2009, Sunday, 5 P.M. Chelsea "Reform" Democratic Club holiday party. Dusk Lounge, 147 W. 24th Str. (betw. 6th & 7th Aves.).

7th December [Pearl Harbor Day], 2009, from 7 to 10 P.M., W. Side Federation of Neighborhood & Block Assns. holiday party. O'Neal's, 50 W. 65th Str. (betw. B'way & C.P.W.).

9th December, 2009, Wednesday, 6 to 8 P.M. Jewish Lawyers Guild Chanukah party & toy drive. White Str. Synagogue for the Arts, 49 White Str. (betw. B'way & Church Str.), Manh. [Kindly bring an un-wrapped toy, thank you.]

10th December, 2009, Thursday, 7 P.M. Audubon Reform Dem. Club & W. Harlem Ind. Dem. Club joint holiday party. Rio Gallery II, 583 Riverside Dr - PentHo, (cor. RSD & W. 135 Str.), City.

11th December, 2009, Friday, 7:30 to 9:30 P.M. Asian-American Bar Assn. holiday party. Bann, 350 W. 50th Str. (betw. 8th & 9th Aves.), Manh.

11th December, 2009, Friday, 6 to 10 P.M. Martin Luther King, Jr., Dem. Club holiday party. Kennedy Center [Enter on W. 135th Str. betw. Malcom X. Blvd. (a/k/a Lenox Ave.) & 5th Ave.].

13th December, 2009, Sunday, 6 P.M. Gramercy Stuyvesant Independent Democrats holiday party. Cottage Chinese Restaurant, 33 Irving Pl @ 16th Str. Info.: (212) ORegon 3 - 83.16. $

14th December, 2009, Monday, 3:30 to 5:30 P.M. Adieu to judge Joan Carey. Supreme Court, 60 Centre Str., room 300, Manh.

14th December, 2009, Monday, from 5 until 8 P.M. N.Y. State Assemblymember Linda Beth Rosenthal hosts her community office holiday party. 230 W. 72nd Str. (betw. B'way & W.E.A.), 2nd Fl.

14th December, 2009, Monday, 6 P.M. N.Y.S. Sen. Bill Perkins Chanukah party, Old B'way Synagogue, 15 Old B'way (betw. 125th & 126th Sts.).

14th December, 2009, Monday, beginning at 6:15 P.M. Downtown Independent Democrats holiday party. O'Hara's Restaurant & Pub, Cedar & Greenwich Sts. (1 block W. of Trinity Pl.).

14th December, 2009, Monday, 6:30 P.M. Lenox Hill Democratic Club holiday party. Rathbones, 1702 2nd Ave. @ E. 88th Str.

15th December, 2009, Tuesday, 6 P.M. Lexington Democratic Club holiday party. Ship of Fools, 1590 2nd Ave. @ E. 82nd Str.

16th December, 2009, Wednesday, at 6 P.M. Osnow & Skurnik's PrimeNY holiday party. Jose Woods Pub, 11 Waverly Pl. (cor. Mercer Str.) in the Village.

17th December, 2009, Thursday, 7 P.M. Park River Independent Democrats holiday party. Chez Loving, 164 W. 79th Str. - Apt. # 14-D.

17th December, 2009, Thursday, from 7 P.M. until 10 P.M. 24th Pct. Community Council holiday party
A.Y.H. chapel, 891 Amst. Ave. @ W. 103rd Str.

17th December, 2009, Thursday, 7:30 P.M. Community "Free" Democrats, Inc., holiday party. The Bromley, 225 W. 83rd Str. (just E. off B'way), 2nd floor.

NOTICE. The following club's party is CLOSED and only open to its members and invited guests:
17th December, 2009, Thursday, 7:30 P.M. Eleanor Roosevelt Democratic Club holiday party. N.Y. New Church, 114 E. 35th Str. (betw. Lex. & Park Aves.).

18th December, 2009, Friday, at 5 P.M. Memorial Service for Mary McAulay, wife of Lloyd McAulay. All Soul's Church, Lex. Ave. @ E. 80th Str., Manh.

18th December, 2009, Friday, 7 P.M. N.Y.C. Friends of Clearwater pot-luck holiday party (kindly bring a comestible or potable to share). D.C. 37, 140 Park Pl., Manh.

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January, 2010, "Advance Sheets":

7th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Jennifer Schechter at the Courthouse thereof, 111 Centre Str., City.

14th January, 2010, Thursday, 5 P.M. Induction of State Supreme Court Justice Lucy Adams Billings at the courthouse thereof, 60 Centre Str., City.

21st January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge James d'Auguste at the Courthouse thereof, 111 Centre Str., City.

28th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Lynn Kotler at the Courthouse thereof, 111 Centre Str., City.

Ansonia Ind. Democrats holiday party on a Sunday in early January, 2010.
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18th February, 2010, Thursday. Chinese-American Planning Council lunar new year dinner.
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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.

The Flacks Report [20 Nov. '09]

Grasping at Straws: The Nora Anderson Saga, cont'd---Manhattan Judge Inductions---Holiday Party Request

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Grasping at Straws: The Nora Anderson Saga, cont'd

The New York County District Attorney seemed to be grasping at straws today in State Supreme Court as he made a motion to re-argue two of the dismissed counts in the indictment of Peo. vs. Anderson & Rubenstein. The D.A.'s serving the motion--and without the exhibits--by telephone facsimile the night before the status conference surprised the Defendants, and has led to a delay in the case-in-chief until February of next year at the earliest.

Judge Michael Obus's Oct. 30th decision found that there was no jurisdiction as to venue to prosecute count seven [E.L. 14-120(1): campaign contributions to be made under the true name of the contributor, a misdemeanor] and count nine [E.L. 14-126(3): violations of contribution limits, also a misdemeanor].

The D.A. maintains that the trial judge "over-looked" cash transactions which took place in New York County, and therefore the conduct occurred within such county [N.Y.] and was sufficient to establish the offense [C.P.L. 20.40]; that is, Anderson's purported over campaign contribution limit withdrawal of co-defendant Rubenstein's gift of $100,000 in August of 2008 from her personal account and subsequent deposit into her campaign account in New York County gives the Court the necessary jurisdiction. [The D.A. also sillily points to an A.T.M. withdrawal of $100 in Manhattan on the day of deposit as indicative of her being in Manhattan (although the check transaction could have been made elsewhere).]

But the judge addressed this issue in his Oct. 30th decision by letting stand counts two and five in the indictment which held that the Grand Jury's determination that Defendants knowingly filed false disclosure statements with the N.Y.C. Board of Elections as to the name of the true contributor may have been an attempt "to defraud" the Board, but not the citizens of New York County. Also, did the Board of Elections have an agency relationship with either defendant?

Rubenstein gave an out-right gift because he knew that he couldn't give as a campaign contribution more that a stated amount, and he filed a gift tax return.

Defendants' answer is due on 28 Dec. '09; the People's reply, on 8 Jan. next year; and the judge will decide the motion on 15 Jan. '10. Tentative trial date is scheduled for 23 February 2010.

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Manhattan Judge Inductions

7th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Jennifer Schechter. Civil Court, 111 Centre Str., City.

14th January, 2010, Thursday, 5 P.M. Induction of State Supreme Court Justice Lucy Adams Billings. Supreme Court, 60 Centre Str., City.

21st January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge James d'Auguste. Civil Court, 111 Centre Str., City.

28th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Lynn Kotler. Civil Court, 111 Centre Str., City.

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Holiday Party Request

If you, your club or organization is holding an open holiday party and would like to have it listed in my list of selected events, kindly let me know. Thank you.

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"The noblest motive is the public good." --Richard Steele

November 2009 Events

Selected Events
[Events which request contributions are indicated by $.]
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12th November, 2009, Thursday, at 5:30 P.M. Tribute to the life and legacy of City Council Member Miriam Friedlander. City Hall Council Chamber.

16th November, 2009, Monday, at 6 P.M. Fund-raiser for M.A. Linda Beth Rosenthal chez Prince, 118 W. 79th Str. (betw. Amst & Col. Aves.), Suite 4A. (212) CAnal 8 - 74.46, Ext. 10. $

19th November, 2009, Thursday, 6 P.M. National Employment Lawyers Assn. (N.Y.C. chapter) dinner-dance fund-raiser; Club 101, 101 Park Ave. (@ E. 40th Str.). (212) 317+22.91. $

19th November, 2009, Thursday from 6 to 8 P.M. New York County Democratic Committee holiday party fund-raiser. Parker Meridien Hotel penthouse, 119 W. 56 Str. (betw. 6th & 7th Aves.). Info.: (646) 214+33.97. $

19th November, 2009, Thursday, at 7 o'clock P.M. Award-winning Village Voice columnist Tom Robbins discusses the Mayoral election and its effect on the City's political future. Chelsea "Reform" Democratic Club. Hudson Guild center, 441 W. 26th Str. (betw. 9th & 10th Aves.--closer to 10th).

20th November, 2009, Friday, at 8 A.M. N.Y.C. Depty. Mayor Linda Gibbs speaks on social services in the next 4 yrs. City Law breakfast series at N.Y. Law School, 185 W. B'way (betw. Worth & Leonard Sts.), 2nd Fl.

20th November, 2009, Friday, 6 P.M. N.Y.P.I.R.G. Happy Hour. [Cash bar.] Woolworth Tower Kitchen in the Woolworth Building [check out the marvelous mosaic work in the building's lobby], 233 B'way (enter on Barclay Str.), Manh.
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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.

-- 30 --

Election Day Far Side

The New York Times, November 3, 2009, 5:00 p.m.

For Judges Standing By, a Quiet Election Day
By Corey Kilgannon

There were plenty of people in the Manhattan training office of the New York City Board of Elections. There was lots of chatting and reading of newspapers and eating of chips and playing of Scrabble. But there were hardly any voters, which the temporary outpost is set up for.

Roughly two dozen people were working here in various capacities, including two police officers, one court officer, two State Supreme Court justices and court stenographers. Most of the remaining people worked for the Board of Elections. Each borough in the city has such a setup, for voters who are told at the polling place that they may not vote. If they insist they have been unfairly denied — usually because of some mix-up in their address, or simply being left off the voting rolls — they come here and ask a judge to review their status so they may vote.

A small paper flier on the door declared the room temporarily a Supreme Court of the State of New York. And a document affixed next to it was Administrative Court Order 98, an official order by Deputy Chief Administrative Judge Fern A. Fisher, for the New York City courts, declaring that the room was set up this day “to hear and determine all cases arising under the Election Law relating to eligibility for voting.”

By 4 p.m., only two people had come. The first had an address mix-up, and the second had come to get an emergency ballot for an ill woman who was unable to get to the polling place and who had missed the deadline for a regular absentee ballot. “She’s deathly ill with what we believe is a very bad flu, and she’s on her back as we speak,” said Edward M. Brady, an organizer for the Independence Party. Mr. Brady held in his hand an absentee ballot application, which listed several categories for applicants, including voters in prison, who must affirm that they “expect in good faith to remain” prisoners on Election Day.

Mr. Brady said was seeking an absentee ballot for one Pamela Jenkins, a member of the Independence Party. He was sworn in by a State Supreme Court special referee who heard his case and then made a recommendation to the two judges sitting next to him: Justice Doris Ling-Cohan and Acting Justice Matthew Cooper, both State Supreme Court justices who hear civil cases. They promptly signed an order to give the man a ballot for the woman, and he rushed out. Then it was back to passing the time.

Justice Cooper said the judges volunteer to work on Election Day, which is a court holiday. Sometimes it is exciting, he said. Last year during the presidential election, for example, “maybe a couple hundred people” showed up seeking a court order to solve their voting problems. Most people were able to vote, he said. Then there was the man last year, a California resident who was in New York City for a few hours on a stopover while flying and wanted to vote in New York. He was unsuccessful.

Before leaving, Mr. Brady said he thought Ms. Jenkins would vote for Mayor Michael R. Bloomberg, who has the Independence Party line. “If this woman wants to vote, I’m going to do my damnedest to make sure her vote counts,” he said.

The Flacks Report [30 Oct. 09]

Proposals on the November Ballot:

There are two proposals to amend the State constitution on this November 3rd, 2009, General Election ballot. Here they are for your edification.

Proposal #1 allows the construction of a National Grid power line in the State forest preserve in St. Lawrence County along S.R. 56. Normally, the State constitution forbids taking any forest preserve land. This would allow the State to convey up to 6 acres of forest preserve land in exchange for 10 acres of forest land of at least equal value to be incorporated into the forest preserve from the National Grid.

Proposal #2 would authorize the Legislature to allow prison inmates to perform voluntary work for non-profits (religious, charitable, educational). Currently, convict labor may not be contracted out except to State institutions.

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Surrogate Up-date:

Nora Anderson, who won both the 2008 Primary and General election campaigns for New York County Surrogate, and her co-defendant Seth Rubenstein's motion to dismiss the ten-count indictment was mostly successful this morning when State Supreme Court Justice Michael Obus dismissed all but two counts finding lack of venue jurisdiction (the Election Law violations are not now before the Court).

Justice Obus let stand two counts under Penal Law Sec. 175.35 of allegedly filing false instruments (City Board of Elections "Disclosure Statements") of campaign contributions which exceeded the limits in September, 2008, with intent to "defraud" the Board of Elections, whose headquarters is in Manhattan. And the judge specifically directed the District Attorney to strike any reference to the citizens of New York in its Bill of Particulars regarding those two remaining counts because the citizenry are not aggrieved victims under the statute.

The parties are to return to court on Friday, 20th November, 2009, for a status conference where both the Defendants and the People will decide whether or not to appeal their respective issues. If no appeal is taken, a trial date may be set on the two remaining counts. Also, the Manhattan D.A. might request Brooklyn D.A. Hynes to pursue the dismissed counts.

The court issued a detailed 29-page decision, which is difficult to distill succinctly--and even not easily done by the professional newspapers--but here is a simplified over-view.

Much of the People's case hangs on a "conspiracy theory." The Defendants argue that there was no criminal intent or conspiracy to "defraud" the voters of New York County. The judge did not find persuasive the D.A.'s conspiracy theory of jurisdiction, and the indictment had no "evidence of conduct within the forum county [N.Y.] sufficient to establish a conspiracy to commit any substantive offense" nor charge "an overarching conspiracy nor individual conspiracies to commit the substantive offenses of offering" false instruments or business records or willfully violating the Election law contribution limits nor even a "conspiracy" in the filing of those two Board of Elections disclosure forms in New York County in order to "illegally influence an election in New York County." Additionally, the charges should have been brought in Brooklyn where Anderson's campaign office was and where the allegedly illegal money transactions took place.

The D.A. also argued that the defendants' conduct in Brooklyn and the State Board of Elections filings in Albany had a "particular effect" to effect the outcome of a N.Y. County election [under C.P.L. Sec.20.40(1)(b)]. But Judge Obus found that this "particular effect" jurisdiction did not apply.

Anderson and Rubenstein maintain that the monies were outright gifts. The judge was not persuaded that the donor Rubenstein can give candidate Anderson gifts as opposed to campaign contributions. The D.A. maintains that channeling money by the use of personal accounts to avoid campaign contribution limits is unlawful.