THE FLACKS REPORT

Jerome Koenig, 1933--2012

2012-02-18T12:26:00.008-05:00

Jerome Koenig died yesterday evening, Friday, 17th February, 2012.

Jerry was considered by many as the expert and most knowledgeable person on New York State's Election law and the electoral process. He worked for many years for the New York State Assembly Standing Committee on Elections where he re-wrote, revised, and clarified the Election law as we know it today. After retirement from the State Assembly, he worked as a political consultant and currently was the New York State petition co-ordinator for President Obama's re-election campaign.

Jerry suffered a severe heart attack early on the morning of 8th February, and was in hospital since then in the cardiac critical care unit. He is survived by his sister Sandy, brother Howard, and by Mary Geissman, his partner for over forty years. A memorial service will be held at All Souls Unitarian Church, 1157 Lexington Avenue (at E. 80th Str.), Manhattan, on Tuesday, 21st February, 2012, at 3:15 o'clock P.M.

Jerry was very active in Manhattan Reform Democratic politics from the 1960s New Democratic Coalition to today. "Jerry was a person who gave politics a good name," said Henry Stern. This year Koenig was on the N.Y. Obama Committee on Vacancies. There could never be a Committee on Vacancies for Jerry Koenig. Jerome Koenig, dead at the age of 78.

Father of Judge Tisch

2012-02-10T14:54:00.006-05:00

Richard Tisch, father of New York City Civil Court Judge Alex Tisch, died at age 75. Funeral service this Sunday, 12th February, 2012, at 10 o'clock A.M. at the Riverside Memorial Chapel, Amsterdam Ave. at W. 75th Str., Manh. Shiva in New Jersey. Condolences may be sent to Judge Tisch at 215 East 95th Street-Apt. 29L, New York, N.Y. 10128.

Early February Selected Events

2012-02-10T00:46:00.003-05:00

[Events which request a contribution are indicated by a dollar sign.]

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4th February, 2012, Saturday, 5 P.M. until 11 P.M. Brooklyn Museum's First Sat. Night.
IRT subway to Eastern parkway, and you're right there! [Seen last month at First Sat. Night: James d'Auguste with his daughter Jean, Milagros Garcia, and Noah Pfefferblit.]

8th February, 2012. Anniversary of the founding of the Boy Scouts of America in 1910.

10th February, 2012, Friday, 8:15 A.M. City Law breakfast. Michael Armstrong, former Knapp Commission chief counsel speaks on police integrity: Revisiting the Knapp Commission report. New York Law School, 185 West Broadway (betw. Worth & Leonard Sts.). [Best subway: IRT 7th Ave. line local to Franklin Str.]

12th February, 2012 (Honest Abe's birthday anniversary), Sunday, 3 P.M. Village Reform Democratic Club's pot-luck post-holiday party at La Souk, 510 LaGuardia Pl. (betw. Bleecker & Houston Sts.). [Subways: 7th Ave. IRT to Houston (walk E.); 4th Ave. IRT to Bleecker (walk W.); BMT to Prince (walk NW); IND to Spring.]

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This information is supplied as a public service, and does not necessarily comprise 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. Errors & omissions excepted.

Elizabeth "Libby" Gardner

2012-02-03T06:23:00.003-05:00

MEMORIAL SERVICE
ELIZABETH GARDNER
1921--2011
You are invited to attend a memorial service this Saturday, 4th February, 2011, at 3 o'clock P.M., for Elizabeth "Libby" Gardner,
who died this past December at the age of ninety.
Amsterdam Nursing Home
1060 Amsterdam Avenue at West 112th Street
Take the elevator to the 12th floor cafeteria.

Libby was active in Manhattan Reform Democratic politics, first with the Riverside Democrats and then upon its demise, in the Three Parks Ind. Democrats. A long-time resident of 280 Riverside Drive, she served as the guiding first president of the 100th Street Block Assn., Inc. During World War II, at age 22, she was one of the pioneering Women Airforce Service Pilots. She is survived by her daughter Eve Remba.

[Copy and paste these U.R.L.s into your browser.]

http://storycorps.org/blog/door-to-door/new-york-ny/fortune-favors-the-brave/

http://twudigital.cdmhost.com/cdm4/item_viewer.php?CISOROOT=/p214coll2&CISOPTR=642&CISOBOX=1&REC=19

http://www.twu.edu/library/wasp/wasppdf/Gardner.pdf

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Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34

2012-02-01T18:54:00.016-05:00

Federal Judge Moves State's Primary Election to June
By John Caher, The New York Law Journal, 30th January, 2012.

New York State's inability to muster "the political will" to comply with federal law and set a date for non-presidential primaries that does not disenfranchise military personnel has prompted a federal judge to step in. Northern District Judge Gary L. Sharpe acknowledged that the federal courts are normally loathe to interfere in state election schemes. But he said New York's inability to comply left him no choice. "If federally-guaranteed voting rights are to be protected, the court must act," Judge Sharpe said in a Jan. 27, 2012, opinion.

United States vs. New York, 1:10-cv-1214, centers on the Uniformed and Overseas Absentee Voting Act of 1986, which guarantees military families and other citizens living overseas the right "to vote by absentee ballot in general, special, primary and runoff elections for Federal office." With a statutory primary date in early September, absentee ballots for the general election cannot be sent out 45 days before Election Day, as required under the federal law.

Judge Sharpe noted that New York was granted a "hardship waiver" for the 2010 election and promised to transmit ballots by Oct. 1, 2010. But the state is still not in compliance because lawmakers cannot agree on a new primary date. The Assembly wanted a June date, the Senate preferred August.

In his ruling, Judge Sharpe went with the Assembly's preferred date of the fourth Tuesday in June, but made clear that another date would be satisfactory as long as it results in compliance with federal law. "Nothing is more critical to a vibrant society than citizen participation in government through the act of voting," Judge Sharpe wrote. "It is unconscionable to send men and women overseas to preserve our democracy while simultaneously disenfranchising them while they are gone. To some extent, that is precisely what New York has done."
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As of this posting, the dates for the 2012 elections are (all, of course, on Tuesdays):
24th April – Presidential Primary
26th June – Federal offices Primary
11th September – State and local offices Primary
6th November - General.

The New Year's Selected Events

2012-01-02T20:38:00.034-05:00

[Events which request a contribution are indicated by a dollar sign.]

3rd January, 2012, Tuesday. First day of petitioning for delegates to the National Presidential conventions. Delegates were secretively chosen by Party and public officials.

5th January, 2012, Thursday, at 4 P.M. Induction of Alexander Tisch as a N.Y.C. Civil Court Judge, Manhattan Civil Courthouse, 111 Centre Street. Reception to follow at the Lafayette Bar & Grill, 54 Franklin Str.

6th January, 2012, Friday, 6 P.M. Induction of Analisa Torres as a N.Y.S. Supreme Court Justice. Museum of the City of New York, 1220 5th Ave. (enter on E. 104th Str. betw. 5th & Mad. Aves.). By invitation only.

6th January, 2012, Friday, 6 P.M. to 11 P.M. Lower East Side Democratic Club celebration of Three Kings day. At their clubhouse, 34 Monroe Str. (betw. Catherine & Market Sts.) in Knickerbocker Village. Home-cooked food.

7th January, 2012, Saturday, 5 P.M.-on. First Saturday Night at the Brooklyn Museum. See: http://www.brooklynmuseum.org

8th January, 2012, Sunday, 5 P.M. Ansonia Ind. Dems. holiday party. Kennedy’s, 327 W. 57th Str. (betw. 8th & 9th Aves.)

12th January, 2012, Thursday, at 4 P.M. Induction of Erika Edwards as a N.Y.C. Civil Court Judge, Manhattan Civil Courthouse, 111 Centre Street. Reception to follow at the Lafayette Bar & Grill, 54 Franklin Str.

19th January, 2012, Thursday, at 5 P.M. Induction of Deborah Ann Kaplan as a N.Y.S. Supreme Court Justice, New York County Lawyers Assn., 14 Vesey Str. (betw. B’way & Church Str.). Reception to follow.

23rd January, 2012, Monday. Lunar New Year. Kung Hai Fat Choi! It's the year of the Dragon.

26th January, 2012, Thursday, at 4 P.M. Induction of Paul Goetz as a N.Y.C. Civil Court Judge, Manhattan Civil Courthouse, 111 Centre Street. Reception to follow at the Lafayette Bar & Grill, 54 Franklin Str.

27th January, 2012, Friday, 5 P.M. Dick Gottfried's annual lunar new year party. At his district office, 242 West 27th Street (betw. 7th & 8th Aves.), Manh.

30th January, 2012, Monday, 6 to 8 P.M. Cocktail fund-raiser for Congressmaven Jerrold L. Nadler. Chez Cleveland et Haines, 20 West 72nd Str. - Apt. #506, Manh. $
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This information is supplied as a public service, and does not necessarily comprise 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.

Dudley Gaffin 1927--2011

2011-12-22T21:47:00.007-05:00

DUDLEY GAFFIN died 21 December 2011, while visiting in Florida. He was 84. Gaffin, an N.Y.U. Law School alumnus who was long-active in Reform Democratic Party politics in Manhattan and Brooklyn, served as counsel to the late Congressman Ted Weiss. He was a trial lawyer who maintained an active practice including election law. He served on the App. Div. 1st Dept. Character & Fitness Committee.

He is survived by his wife Siggy and children Josh, Adam, Elizabeth, and Kate. A service will be held Monday, 26th December, 2011, at 1:15 P.M. sharp, at the Riverside Memorial Chapel, 333 Amsterdam Ave. at W. 76th Str., Manhattan (Tel.: [212] ENdicott 2-6600). The family requests that you arrive by 12:30 P.M.

Gesmer Induction Venue Change

2011-12-20T16:38:00.007-05:00

Change in location of Judge Gesmer's Induction

Because of a flood at the Bar Association, the meeting hall is unavailable. As a result, the induction ceremony will take place in the ballroom at the Roosevelt Hotel, 45 East 45th Street at Madison Avenue at 5:30 p.m. to-day, Tues., 20th Dec., '11.

However, the reception following the ceremony will take place as originally planned at the Association of the Bar, 42 West 44th St. (betw. 5th & 6th Aves.). We look forward to seeing you there.

Important Judiciary Committee Meeting Monday, 19th Dec., 2011

2011-12-18T22:28:00.004-05:00

ATTENTION: 2nd MEETING OF THE COUNTY JUDICIARY COMMITTEE

The New York County Regular Democratic Organization's Judiciary Committee meets Monday, 19th December, 2011, at 6:15 P.M. at the County office located at :

108 West 39th Street - Room 1201
(West off 6th Avenue), Manhattan

The committee will finalize the seting up a screening panel to select candidates for New York County Civil Court vacancies next year, 2012. This meeting is open to the public under Democratic Party rules. All individuals who may be interested should attend.
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The next meeting of the Judiciary Committee will be this Monday, December 19th, 6:15 PM, at the County H.Q., 108 West 39th St., 12th floor.

Agenda:

1) Finalization of groups for the Civil and Surrogate Panels

There will be one panel. The usual kinds of groups' designees will screen for both Civil and Surrogate Court. We will invite four or so additional groups which specialize in Surrogate Court matters. Their designees will screen only the Surrogate candidates. George Lucas will soon e-mail the Committee a list of the proposed groups. Please e-mail your comments and suggestions. We will vote on the groups Monday, using this list as a base. George will also include our latest information about the names of the heads of each organization. If you have better or more updated information, please send it to George.

2) Interview/Selection of Civil/Surrogate Panel Administrator

We hope to have candidate(s) to interview Monday. If you know of anyone, let Jeanine, Bob Levinsohn, and me know about it.

Other News and Information:

1) Timing and Calendar:

It is of the utmost urgency that we get our panel functioning early in the new year. That is because NY has been ordered to move its primary up from the traditional September date to enable military voters to get their ballots on time. No one knows for sure, but the most likely date for the primary is some time in the middle of June. That would mean that petitioning could start as early as March 6th, which would mean that the panel report would have to be issued by February 22nd at the latest. The panel would therefore have to begin meeting by January 17, which would still give it two-three weeks less time to complete its work than it usually has. To get the panel going by January 13th, we need to get out the letters to the invited groups by next week. That is why we must meet early next week, and we don't have the luxury of working around holiday parties and other functions.

2) Slots to be Filled:

There is one vacancy for Surrogate; Kristin Glen will reach the mandatory retirement age next year. There is one countywide Civil Court vacancy, caused by Ellen Gesmer's ascension to the Supreme Court. There is a vacancy in the 3rd District, caused by Diane Lebedeff's resignation. The 3rd District Leaders have indicated they want to use the County Panel to screen for this vacancy. There is both a vacancy (Analisa Torres moves up to Supreme Court) and an incumbent (Arthur Engoron) in the 6th District, but there the District Leaders want to create their own panel. There are incumbents in the 2nd (Debra Samuels) and 8th (Kibbie Payne) where it is expected but not yet confirmed that the County panel will do the screening.

Hope to see you at this important meeting

Curtis Arluck, Chair, Judiciary Committee

Meeting of N.Y. County Judiciary Committee.

2011-12-13T13:16:00.002-05:00

The New York County Regular Democratic Organization's Judiciary Committee meets to-morrow, Wednesday, 14th December 2011, at 6:15 P.M. at the County office located at :

108 West 39th Street - Room 1201
(West off 6th Avenue), Manhattan

The committee will set up a screening panel to select candidates for New York County Civil Court vacancies next year, 2012. This meeting is open to the public under Democratic Party rules.

December, 2011, Selected Events

2011-12-08T05:35:00.017-05:00

[Events which request a contribution are indicated by a dollar sign.]

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1st December, 2011, Thurs., at 6 P.M. Foundation for the Judicial Friends, Inc., reception. Steiner Studios (Stage 6), Brooklyn Navy Yard. Info.: Judge Cheryl Gonzales at (646) 894+71.95. $

2nd December, 2011, Fri., at 9 A.M. Task force on Judicial Budget Cuts public hearing. N.Y. County Lawyers Assn., 14 Vesey Str. (betw. B'way & Church Str.), Manh.

3rd December, 2011, Sat., 5 P.M. to 11 P.M. Brooklyn Museum of Art's First Saturday Night. Brooklyn Museum, Eastern Parkway, Bklyn. Link: http://www.brooklynmuseum.org/

4th December, 2011, Sunday at twelve noon, Tilden Democratic Club's "Toys for Tots" luncheon. Bistro Lamazou, 344 Third Ave. (betw. 25th & 26th Sts.). For info., ring D.L. Louise Dankberg at (212) GRamercy 5 - 53.47. $

4th December, 2011, Sunday at 3 P.M., Village Independent Dems. Chez Bradlow, 43 Charlton Str. (E. of Varick Str.; IRT B'way lcl. to Houston Str.), Manh.

4th December, 2011, Sunday at 5 P.M., Chelsea Democratic Club. Hudson Guild, 441 W. 26th Str. (betw. 9th & 10th Aves.), 2nd fl., Manh.

4th December, 2011, Sunday at 5:30 P.M. Three Parks Independent Dems. holiday party. American Youth Hostel, Amsterdam Ave. @ W. 103rd Str. (B'way IRT lcl. to 103 Str.), in the chapel, Manh.

5th December, 2011, Monday at 7 o'clock P.M. Lexington Democratic Club holiday party. Sprig restaurant, 885 Third Ave. (betw. 53rd & 54th Sts.), Manh.

6th December, 2011, Tuesday at 6:30 P.M. Lenox Hill Democratic Club holiday party. Session Ho. (2nd Fl.), 1009 Second Ave. (betw. 53rd & 54th Sts.), Manh.

7th December, 2011, (Pearl Harbor Day) Wednesday at 6 P.M. Micah Kellner birthday bash fund-raiser. City Winery, 155 Varick Str. Q's? Hillary (212) 228+5222. $

8th December, 2011, Thursday, 4 P.M. Induction of Anthony Cannataro. N.Y.C. Civil Courthouse, 111 Centre Str. Reception at Bubble Lounge, W. side of West B'way @ White Str.

8th December, 2011, Thursday, at 6:30 P.M. Linda Beth Rosenthal fund-raiser. Chez Smyth, The Apthorp, 2211 B'way @ W. 79th Str. - Apt. #7E. R.s.v.p. to Lena (212) 239+73.23. $

9th December, 2011, Friday, 7 P.M. Martin Luther King, Jr., Dem. Club holiday party. Kennedy Center, W. 135th Str. (betw. Lenox & 5th Aves.--enter through driveway next to market).

9th December, 2011, Friday, 7 P.M. Northern Manhattan Democrats for Change holiday party. American Legion hall, 3035 Corlear Ave. (betw. 230th & 231st Sts.), The Broncks. Info.: (917) 848+97.77. $

11th December, 2011, Sunday, 2 P.M. The Broadway Dems. holiday party. Chez Martin, 390 Riverside Drive (enter on W. 111th Str.), Suite 12-D.

11th December, 2011, Sunday, 4 P.M. Obama Dems holiday party. 565 W. 169th Str. - Apt. #6-G.

12th December, 2011, Monday, 5 P.M. Linda Beth Rosenthal holiday party. District Office, 230 W. 72nd Str. - 2nd Fl. (betw. B'way & W.E.A.).

12th December, 2011, Monday, 6 P.M. Cy Vance cocktail party. Dream Hotel Downtown, 355 W. 16th Str. (betw. 8th & 9th Aves.) Info., ring (917) 546+08.14. $

13th December, 2011, Tuesday, 6 P.M. Liz Kruger fund-raiser. The Roosevelt Hotel, 45 E. 45th Str. (E. off Mad. Ave.). Info.: Jennie Berger (646) 415+90.21. $

13th December, 2011, Tuesday, 6:30 P.M. Stonewall Dems party, L.G.B.T. community center, 208 W. 13th Str. (just W. off 7th Ave.).

13th December, 2011, Tuesday, 6:30 P.M. Maloney/Garodnick/Lappin fest. Marymount College, 221 E. 71st Str. (betw. 2nd & 3rd Aves.).

13th December, 2011, Tuesday, 6:30 P.M. N.Y.C.L.A. annual dinner. The Waldorf Astoria. Info.: (212) COrtland 7 – 66.46. $

14th December, 2011, Wednesday, 6 P.M. Skurnik & Osnow’s PrimeNY holiday event. Josie Woods Pub, 11 Waverly Place in the Village (as last year).

15th December, 2011, Thursday, 4 P.M. Induction of William Franc Perry III. N.Y.C. Civil Court, 111 Centre Str. Reception to follow in the courthouse.

15th December, 2011, Thursday, 6 P.M. Tom Duane fund-raiser. Museum of Gay & Lesbian Art, 26 Wooster Str. (betw. Canal & Grand Sts.). Info.: Celeste Wolter at (347) 527+33.68. $

15th December, 2011, Thursday, 6:30 P.M. Eleanor Roosevelt Democratic Club holiday party. N.Y. New Church (2nd Fl.), 114 E. 35th Str. (betw. Lex. & Park Aves.). R.s.v.p. Chas. Buchwald at (212) MUrray Hill 7 – 68.74. Contribution to Meals-on-Wheels requested.

15th December, 2011, Thursday, 7 P.M. Frederick Samuels Dem. Club holiday party. Evangelist R.C. Church, 65 W. 138th Str. (betw. Lenox & 5th Aves.).

15th December, 2011, Thursday, 8 P.M. Community Free Democrats, Inc., holiday pah-tee. The Bromley Apts., 225 W. 83rd Str., just E. off B’way.

18th December, 2011, Sunday, 6:30 P.M. Gramercy-Stuyvesant Ind. Democrats Chinese dinner holiday party. Cottage Restaurant, 33 Irving Pl., corner of 16th Str. Reservations, call Sylvia at (212) ORegon 3 – 83.16. $

19th December, 2011, Monday, 6 P.M. Downtown Independent Democrats holiday party. Il Piccolo Bufalo, 141 Mulberry Str. (betw. Grand & Hester Sts.).

20th December, 2011, Tuesday, 5:30 P.M. Induction of Ellen Gesmer as Justice of the State Supreme Court. Association of the Bar of the City of New York, 42 W. 44th Str., Manh. Reception to follow.

21st December, 2011, Wednesday, 6 P.M. Park-River Ind. Dems. year-end party. Council Sr. Center, 241 W. 72nd Str. (betw. B'way & W.E.A.).

Advance Sheets: January, 2012, inductions:

5th (Thurs.) – Alexander Tisch (Civ. Court Ho.)
6th (Fri.) – Analisa Torres (Mus. of the City of N.Y.)
12th (Thurs.) - Erika Edwards (Civ. Court Ho.)
19th (Thurs.) – Deborah Ann Kaplan (N.Y.C.L.A.)
26th (Thurs.) – Paul Goetz (Civ. Court Ho.)

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This information is supplied as a public service, and does not necessarily comprise 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.

Hearing: Impact of Budget Cuts on the Judiciary

2011-11-27T09:45:00.007-05:00

TASK FORCE ON JUDICIAL BUDGET CUTS

Co-Chairs: Hon. Stephen G. Crane & Michael Miller

PUBLIC HEARING -- Friday, DECEMBER 2, 2011

NEW YORK COUNTY LAWYERS’ ASSOCIATION

14 VESEY STREET, between Broadway & Church Street, Manhattan

9:00 A.M. TO 3:15 P.M.

9:00 a.m. Welcome and Introductions

9:15-9:45 a.m. Panel 1: Impact of Budget Cuts on the State Courts

Presenters:
Hon. Lawrence Marks, Administrative Director of the Office of Court Administration

Ronald Younkins, Chief of Operations, Office of Court Administration

10:00-11:00 a.m. Panel 2: Impact of State Court Budget Cuts on Children,

Families and the Public – Part I

Presenters:

Hon. Laura Drager, Acting Justice of the NYS Supreme Court

Hon. Kristin Booth Glen, Surrogate, NY County;
Former Dean, CUNY Law School

Dennis R. Hawkins, Executive Director, Fund for Modern Courts

Matthew J. Troy, Support Magistrate, NY Family Court

11:15-12:15 p.m. Panel 3: Impact of State Court Budget Cuts on Children, Families, and the Public -- Part II

Presenters:

Briana Denney, Co-Chair, NYCLA Matrimonial Law Section

Dora F. Galacatos, Senior Counsel, Feerick Center for Social Justice, Fordham University School of Law

Ira Salzman, Partner, Goldfarb Abrandt Salzman & Kutzin

Louise Seeley, Executive Director, Housing Court Answers

[12:15-12:45 p.m. -- Break]

1:00-2:00 p.m. Panel 4: Impact of State Court Budget Cuts on the Criminal Justice System

Presenters:

Daniel R. Alonso, Chief Assistant District Attorney, Manhattan District Attorney’s Office

Lori Cohen, Partner, Cohen & Funk, PC

Irwin Shaw, Attorney in Charge, New York County Criminal Defense Office, The Legal Aid Society

William Gorta, Associate Metro Editor, New York Post

2:15-3:15 p.m. Panel 5: Impact of Budget Cuts on the Federal Courts

Presenters:

Hon. Carol Bagley Amon, Chief Judge, United States District Court, Eastern District of New York

Hon. Loretta A. Preska, Chief Judge, United States District Court, Southern District of New York

Edward Friedland, District Executive, Southern District of New York

Eileen Kelly, Chief U.S. Probation Officer, U.S. Probation Department, Eastern District of New York

If you plan to attend, kindly r.s.v.p. to:

Michael Miller, Attorney at Law
1250 Broadway, Suite 3800
New York, N.Y. 10001
Tel: (212) 545-7000 / Fax: (212) 532-8800
Mobile: (917) 375-2111
E-Mail: mm@michaelmilleresq.com

Induction

2011-11-17T09:51:00.001-05:00

Induction of Susan Avery
as a N.Y.C. Housing Court Judge
Thursday, 17th November, 2011, at 4:30 P.M.

N.Y.C. Civil Court, 111 Centre Str., Rm. 325, Manhattan

Reception to follow at the White Street Synagogue,
49 White Street (betw. B'way & Church Str.)

Stallman Decision on T.R.O. for Zuccotti Park ("O.W.S.")

2011-11-16T11:34:00.003-05:00

Link to these (copy the u.r.l. to your "clipboard" and paste it into a web browser):

http://www.nycourts.gov/press/OWS111511.pdf

and also, when sleep becomes speech. . . .

http://redesign.gothamgazette.com/article/fea/20000710/202/151

and of interest:

http://www.brooklyneagle.com/categories/category.php?category_id=4&id=47421

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Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.

Reminder: To-night 11/14/11 D.I.D. Pah-tee

2011-11-14T17:38:00.004-05:00

To-Night, Monday, 14th November, 2011
Downtown Independent Democrats
Fall Fund-Raiser from 6:30 P.M. until 8:30 P.M.

Ristorante La Mela
167 Mulberry Street (betw. Broome & Grand Sts.) in Little Italy

By Subway, #6 Lex. Ave. local to Spring Str.
B.M.T. "N," "RR," "Q" trains to Canal Str.
IND "BB" or "D" to Grand Street

$25 for members and amici.

Reminder (to-night)

2011-11-11T16:17:00.001-05:00

Wednesday, 9th November, 2011, 7 o'clock P.M. SHARP!
Screening of film on the missing Judge Joseph Force Crater
From 7 to 8 P.M.

Screening of Billy Sternberg's revised and edited film about the infamous unsolved case of the missing Judge Joseph Force Crater. Not to be missed by political buffs! Excellent film footage of the day when Tammany Hall ruled the roost and controlled the buying and selling of judges.

The screening is only an hour long and begins at 7 P.M. sharp. N.Y. Film Academy Screening Room, 100 East 17th Street, Manhattan. Southeast corner of 17th Str. & Park Avenue South. The building is the old 1929 Tammany Hall. Please note that if you are under an awning and see a ticket window, you are at the wrong theatre. Enter where the students "hang" and are smoking and wearing the N.Y. Film Academy shirts.

Five dollar contribution requested to cover the rental of the room. Afterward we shall repair to the atmospheric Old Town Bar (45 E. 18th Str. betw. Pk. & Bway). Cash bar.

The Flacks Reminder (5 Nov. 11)

2011-11-07T13:30:00.005-05:00

Memorial Service for Kalev Pehme

A memorial service for Kalev Pehme, ace political reporter, will be held Sunday, 6th November, 2011, at 1 o'clock p.m., at the Estonian House, 243 East 34th Street between 2nd & 3rd Avenues.

Standard Time

We've returned to Standard Time so don't forget to turn back your time pieces. (Recall, "Spring ahead; Fall back"?)

General Election

Tuesday, 8th November, 2011, is the General election day, and here on the isle of the Manhattan Indians, all we have are unopposed judge candidates. A light turn-out, so no waiting at the polling places. Of all the candidates for N.Y.C.'s Civil court and for the State's trial bench, only Ellen Gesmer and Barbara Jaffe accepted the Republican line. Why did they do that? Were they afraid of losing? The others didn't.

Laura Safer-Espinoza declined the Republican line when she last ran for re-election. Paul Feinman refused the Republican designation stating "I am a Democrat." And Emily Jane Goodman never took the Republican endorsement ever for the Civil or Supreme court benches. (Only Michael Stallman provided me with a very good reason for doing so when he last ran for re-election to Civil court.)

Whither Judge Crater?

Please save the date for a newly revised film presentation Wednesday evening, 9th November, 2011, on the missing Judge Joseph Force Crater at the old Tammany Hall (100 E. 17th Str.). Details to follow manana. Info., ring (917) 685+82.03.

The 2011 Manh. Judicial Nominating Convention & Electing Judges the Old-fashioned Way

2011-10-29T14:01:00.015-04:00

A QUICK OVER-VIEW OF THE 2011 JUDICIAL CONVENTION

By Alan Flacks (212) 840-1234

The 2011 First Judicial District (Manh.) State Supreme Court judicial nominating convention was held Sept. 21st. There were five vacancies to be filled: three “open” seats and two held by incumbents who were seeking re-election and were not opposed. The incumbents are Laura Visitacion-Lewis and Joan Madden. A screening panel, used since 1977, found the following nine applicants--in no particular order--as the most highly qualified of those who applied: Arthur Engoron, Barbara Jaffe, Rita Mella, Peter Moulton, Ruth Pickholtz, George Silver, Anil Singh, Shlomo Hagler, and Analisa Torres. Additionally, there were four carry-over candidates created by a recent Party rule change (called “2/4”; that is, reported as most highly qualified by two prior panels in the last four consecutive years). They are: Saliann Scarpulla, Deborah Kaplan, Ellen Gesmer, and Manny Mendez.

At the convention, there was a "dog-and-pony" show. All candidates were nominated, received nominating and seconding speeches, spoke and then withdrew from consideration except for those candidates who garnered enough delegate votes after a pre-convention week of furious "speed-dating" of politicking, calls, and receptions. (At a future date, ample explanation of this and of the maneuvering, machinations, predictions, palavering, and a cast of characters to be provided.)

The eventual nominees in addition to the incumbents Joan Madden and Laura Visitacion-Lewis are: Analisa Torres, Deborah Kaplan, and Ellen Gesmer. These five shall be on your November 8th General election ballot for the Democratic Party.

Once again, County Leader Keith Wright was not a "player" as Ellen Gesmer steam-rolled through based upon her own supporters, Deborah Kaplan made it backed by District Leader Louise Dankberg and her cohorts, while Analisa Torres trumped Manuel Mendez. And Sheldon Silver's fave Shlomo Hagler couldn't put together enough delegate support.

=======================================

Lombardi On Electing Manhattan Judges The Old-Fashioned Way: Before Election Day

BY Celeste Katz, N.Y. Daily News, 27 October 2011

No need to count the votes that will be cast in the upcoming Nov. 8 general election in Manhattan. The results are already in.

Our incisive Frank Lombardi reports in this week's Uptown News column (27 Oct. 11):

In this off-year for most public-office elections, there are only 14 judicial seats to be filled in Manhattan. There's just 14 names on the ballot; all unoppposed. In effect, they've been pre-elected. Voters who show up to cast ballots in the no-choice election will be mere rubber stamps. Four candidates are from northern Manhattan, but uptown voters - and in the rest of the borough (and in most of the city) - will find their choices were made for them by Democratic leaders and clubhouse loyalists. There's a million registered voters in Manhattan, and 69% are Democrats. So the party's judicial nominees invariably win.

Other parties rarely bother to nominate rival candidates. This year, Manhattan Republicans cross-nominated three of the Democrats. Some choice, uh? Of the 14, five (including two incumbents) are running borough-wide for 14-year terms on the state Supreme Court. That's a trial-level court that handles major civil cases and felony crimes.

The nine other candidates (including four incumbents) are running for 10-year terms on the Civil Court, which handles civil cases worth less than $25,000 and misdemeanor criminal cases. Two are to be "elected" county-wide, the others by voters in their respective court districts (so ballots will vary).

Of the 14, only one Civil Court candidate was nominated by winning a contested Democratic primary (Tony Cannataro, running in the Chelsea district). The others were nominated through procedures scripted, staged, choreographed and directed by Manhattan Democratic chieftain Keith Wright of Harlem and his assorted party officers, district leaders and judicial delegates.

Supreme Court candidates aren't subject to primaries, so those five were actually elected the moment they received the Democratic nominations at the party's Sept. 21 judicial convention. The unanimous nominations came after weeks, if not months, of behind-the-scene politicking, dickering and deal-making among Democratic leaders and club stalwarts.

It sounds almost illegal, but the clubhouse way of picking state Supreme Court justices was declared Constitutional by a U.S. Supreme Court ruling in 2008. Defenders will say it's representative democracy by well-informed party activists, but the U.S. Supreme court acknowledged the state can "determine it is not desirable and replace it." No move is afoot in Albany, the elephant graveyard of reform. Judicial hopefuls - both those who get nominated and those bypassed - devote a good deal of time and money courting clubhouse support. Judicial campaign rules allow them to buy tickets to political events, during prescribed periods.

Here's just a few of the typical political pit stops by one nominated Supreme Court candidate from March 3 to July 11: $175, lower East Side Democrats; $400, Community Free Democrats; $500, New York County Democratic Committee (headed by Wright, a Harlem assemblyman and district leader); $400, Ansonia Independent Democrats; $100, Barack Obama Democratic Club; $150, Village Independent Democrats; $100, Fred E. Samuel Democratic Club (Wright's club); $100, West Harlem Independent Democrats; $100, Friends of Bill Perkins, and so on and so on.

They're not big amounts but, year after year, they add up. This particular candidate spent $7,455 for tickets during that period, and $4,760 the prior year. Multiply that by a dozen or so would-be Supreme Court justices each year, and an equal or higher number of Civil Court seekers, and you have what a court expert calls "a movable feast" for the clubhouse pols.

Defenders of the Manhattan way will also say they only nominate qualified candidates who pass muster with their screening committees, whose members are named by various bar associations and civic groups. But it's the clubhouse system that ultimately decides who is nominated. The more-rigorous screening system set up through the state's unified court system is voluntary and often ignored by candidates. Judges seem destined to be elected the old-fashioned way: before Election Day.
-- 30 --
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Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.

The Flacks Report [19 Oct. 11]

2011-10-19T20:41:00.017-04:00

Get Out the Vote!---Kalev Pehme Memorial Service---Pfau Leaves O.C.A.---Tammany Sheet Music
==========================================
Get Out the Vote!

This 90-second spot promoting Sunday's election in Tunisia is the best "get-out-the-vote" ad I have ever seen! Make sure to watch the video.
---Douglas A. Kellner, N.Y.S. Commissioner of Elections

http://www.tunisia-live.net/2011/10/19/ben-ali-is-back/

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Kalev Pehme Memorial Service

Memorial Service for Kalev Pehme, ace political reporter, is Sunday, 6th November, 2011, at 1 o'clock P.M., at the Estonian House, 243 East 34th Street (betw. 2nd & 3rd Aves.).

*************************************************

Pfau Leaves O.C.A. Steps Down as Chief Administrator

By John Caher, New York Law Journal, Thurs., 20 October 2011.

[Excerpts]

Chief Administrative Judge Ann T. Pfau, who has managed the state court system through 4½ exceptionally tumultuous years, today informed colleagues that she will step down on Dec. 1 to take over a new medical malpractice program and try cases in her home borough of Brooklyn. She announced her plans in a conference call with the state's administrative judges. A successor was not immediately named.
Judge Pfau's tenure on Beaver Street coincided with rancorous and often bitter controversy over judicial salaries, early retirements, layoffs and budget cuts. Yet the first woman to hold the highly stressful and often thankless job said in an interview that she "wake[s] up every day thinking I am the luckiest person in the world to have this job." "This is the career of a lifetime," Judge Pfau said. "But there comes a time when you need to do something else. I want to be a judge."
Chief Judge Jonathan Lippman said Judge Pfau approached him several months ago expressing a desire to move to a new assignment, but agreed to remain in the position through the resolution of the judicial pay dispute and the submission of the next budget, which is due Dec. 1, the day she departs. . . .
The chief judge said he will appoint a new chief administrative judge within a matter of days, but declined to identify his choice. Judge Lippman said he is reassigning Judge Pfau to the position of coordinating judge of the New York State Medical Malpractice Program.
In that position, Judge Pfau will administer a federal grant and oversee a program that promotes early settlement of medical negligence cases through judge-directed negotiation. She will be working with Bronx Supreme Court Justice Douglas McKeon, who initiated the pilot program. Judge Pfau, who has maintained a regular commercial caseload during her years as an administrative judge, will preside over medical malpractice matters in Brooklyn in addition to her coordinating role.
As chief administrative judge, Judge Pfau earns $147,600 a year. Her new salary has not yet been determined, Judge Lippman said. Under the state Constitution (Article VI, §28), the chief administrative judge supervises the daily operation and administration of a court system that handles 4.7 million cases a year, overseeing a $2.5 billion budget, 3,600 state and local judges and 15,000 judicial employees spread over 300 different locations. . . .
Judge Pfau, 63, is a career court administrator who entered the court system in 1985, shortly after graduating from Brooklyn Law School with two young children. "Like a lot of women in those circumstances, I went into government," Judge Pfau said. She began her career in the courts as an assistant deputy counsel in the Office of Court Administration, an assignment she describes as "just marvelous."
In 1997, she was appointed to the bench by Mayor Rudolph W. Giuliani and later served as deputy chief administrative judge for management support, administrative judge for the Second Judicial District and first deputy administrative judge. Judge Pfau also has served as an acting Supreme Court justice in the Commercial Division of Supreme Court in Brooklyn. . . . In every court position she has held for the past 22 years, Judge Pfau worked closely with Judge Lippman. . . .

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Tammany Sheet Music [Copy this link to your clipboard and paste into a web browser]

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

[Courtesy, Evan Edwards]

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Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.

Random Items [14 October 2011]

2011-10-14T16:18:00.003-04:00

The Week Downtown: Soumas, Wall St. Bull, MTA Stone Str. Service Center---Brief Judicial Convention Report---Cleaning Postponed

Soumas

Notably absent from this week's Board of Elections Commissioners' meeting: Manhattan Democrat and Board secretary Gregory Soumas. He also stayed away from last week's executive session although he was at the Board H.Q. Is he on his way out? Paste into browser if this doesn't open:
[ http://www.nydailynews.com/blogs/dailypolitics/2011/10/f-bombs-at-the-nyc-board-of-elections ]

Wall Street Bull

The large sculpture of a bull symbolizing Wall Street was placed under heavy police guard. The island it is on at the north end of Bowling Green has been barricaded (causing tourists to stand in moving traffic lanes). Twelve N.Y.P.D. officers and a supervisor have been assigned "24/7" to protect it against--against?

MTA Stone Street Service Center

The M.T.A. N.Y.C. Transit Authority sole City service center (for maps, damaged cards, reduced fare cards etc.) on Stone Str. right around the corner from the T.A. H.Q. at 2 B'way in lower Manhattan has been caught closing early. It is open until 5 P.M. on weekdays, but they exclude the public they serve 15-20 minutes early every day "to close down our computers." Wrong and highly improper. M.T.A. Director Andrew Albert promised to call the T.A. Prez to task.

Brief Judicial Convention Report

A QUICK OVER-VIEW OF THE 2011 JUDICIAL CONVENTION: The 2011 First Judicial District (Manh.) State Supreme Court judicial nominating convention was held Sept. 21st. There were five vacancies to be filled: three “open” seats and two held by incumbents who were seeking re-election and were not opposed. The incumbents are Laura Visitacion-Lewis and Joan Madden. A screening panel, used since 1977, found the following nine applicants--in no particular order--as the most highly qualified of those who applied: Arthur Engoron, Barbara Jaffe, Rita Mella, Peter Moulton, Ruth Pickholtz, George Silver, Anil Singh, Shlomo Hagler, and Analisa Torres. Additionally, there were four carry-over candidates created by a recent Party rule change (called “2/4”; that is, reported as most highly qualified by two prior panels in the last four consecutive years). They are: Saliann Scarpulla, Deborah Kaplan, Ellen Gesmer, and Manny Mendez.

At the convention, there was a "dog-and-pony" show. All candidates were nominated, received nominating and seconding speeches, spoke and then withdrew from consideration except for those candidates who garnered enough delegate votes after a pre-convention week of furious "speed-dating" of politicking, calls, and receptions. (At a future date, ample explanation of this and of the maneuvering, machinations, predictions, palavering, and a cast of characters to be provided.)

The eventual nominees in addition to the incumbents Joan Madden and Laura Visitacion-Lewis are: Analisa Torres, Deborah Kaplan, and Ellen Gesmer. These five shall be on your November 8th General election ballot for the Democratic Party.

[Your correspondent has not been able to send out his Report or events of late because of hand and nerve problems, typewriting with one finger at 5 w.p.m.(!). No announcement was made, but as many of you have seen him at recent meetings wearing a sling and have been asking, suffice it to say: carpal tunnel median nerve release and cubital tunnel ulnar nerve release. WebMD anyone?]

Cleaning Postponed

Suzanne Jacobson and Alan Flacks were going to cab over to the Eastside this morning to clean Mayor Mike's E. 79th Str. townhouse's second floor, but it has been postponed.

Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.

Manh. Elections Commish Makes the Daily News

2011-10-06T20:19:00.004-04:00

The N.Y. Daily News's Celeste Katz Weighs In With the Scoop on Manhattan Democratic N.Y.C. Board of Elections Commissioner Greg Soumas.

Link to or paste into your browser:

http://www.nydailynews.com/blogs/dailypolitics/2011/10/f-bombs-at-the-nyc-board-of-elections

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NYDailyNews.com Blogs October 6, 2011 By Celeste Katz

F-Bombs At The NYC Board Of Elections?

Bronx Republican Elections Commissioner J.C. Polanco is casting a vote for Manhattan Democratic Commissioner Gregory Soumas to step down from the board after what he said has been a series of vitriolic attacks and threats of beatdowns.

In an email to his fellow commissioners obtained by the Daily Politics from an outside source, Polanco wrote that after the board's Sept. 27 meeting:
"As I awaited an elevator to return to work, Secretary Soumas approached me and said, "don't ever f---ing come near me" and went on to say, "I will f--- you up any time any day; let's go outside right now so I can f--- you up" and proceeded to call me a f---ing a----- and I better not write any checks my mouth can't cash."

Polanco also claims Soumas has been verbally abusive to other members of the elections staff and that it's time for him to resign to end what has become "a terrible hostile working environment."

He specifically says in the letter that he declined to go to the authorities about what he said was not only verbal abuse but "threats to kill me." Reached by phone, Polanco confirmed he wrote the email, but declined to discuss its contents or personnel matters at the Board.

Called this afternoon, Soumas appeared taken aback by the allegations and denied them entirely: "I don't want to comment because it simply isn't true. It's bizarre. It never happened. It's absurd. There are no eyewitnesses to this, because it didn't happen." Soumas said all that happened was that he and Polanco had a disagreement during an executive session about a union matter that then spilled over into a political issue about a Bronx Republican employee at the Board of Elections.

Afterward, Soumas said he and Polanco met at the elevator, and he asked Polanco to "get the f--- away from me." That, he said, ended the matter as far as he was concerned. "It's certainly crazy. How do you respond to something like this? It's purely political -- and there's a history among the Bronx Republicans of doing things like this," he said.

Polanco responds, "I am appalled at Commissioner Soumas' remarks, especially those referring to the Bronx Republicans. I want to thank the members of the Citizens Union and our legal staff that followed up with me after witnessing the incident to make sure I was ok. It's a shame that the hardworking men and women of the Manhattan Democratic Party and [county] Chairman Keith Wright have this bully as their commissioner."

polanco soumas email 10-6-2011 3-02-21 PM.bmp_.jpg

Necrology

2011-10-03T11:11:00.008-04:00

THE FLACKS REPORT
[1st Oct., '11]

Kalev Pehme---Elnor Geissman---Mary Scarpulla

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Kalev Pehme

Kalev Pehme, ace reporter and first-class political journalist, died this August in California, where he resided. A memorial service will be held in New York city. Watch this column for time and date or call New York Civic at (212) LOngacre 4 - 4441. [See järelehüüe, below.]

Elnor Geissman

Elnor Geissman, mother of Mary Geissman, died last month at her home in Illinois. She was 97 years young. Condolences to Mary and Jerry Koenig.

Mary Scarpulla

Mary Scarpulla, mother of Acting State Supreme Court Justice Saliann Scarpulla. Wake Monday, 3 Oct., Mathew's Funeral Parlor, 2508 Victory Blvd. @ Willowbrook Rd., Staten Island (718-761-55.44). Funeral Mass Tues., 11 A.M., Holy Child R.C. Church, 4747 Amboy Rd. @ Arden Ave., S.I. Condoglianze to Saliann, her husband Paul Gillow and children Michael and Gabrielle.

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Pehme, Ex-Editor of Our Town, Dies

By Dennis King in Our Town on September 8, 2011

Kalev Pehme, a former managing editor of Our Town, died two weeks ago of natural causes at his home in Redondo Beach, Calif. He was 61 and had been in poor health for several years.

Pehme worked at Our Town during the 1970s and 1980s. He shared the passion of then-publisher Ed Kayatt for taking on stories that the major media ignored as too controversial. He delighted especially in commenting on the underbelly of New York politics and ferreting out below-the-radar-screen corruption in the court system. He also placed a strong emphasis on combating religious and racial bigotry and the deceptive practices of cults such as the Unification Church.

Perhaps his most important achievements were his series on the endemic problems of New York’s federal bankruptcy court and his upholding of Our Town’s reputation as a fearless paper with a strong point of view. Betty Dewing, a long-time columnist for the paper, has written that Pehme’s “scorching editorials were legendary, but best were his critical comments that followed some letters to the editors.”

Pehme’s father, Karl Pehme, born in Estonia, was a noted sculptor. His mother, Guerel Oulanoff, trained as a concert pianist and was the daughter of a Kalmyk writer and political figure who had fled to the west after the Bolshevik Revolution. The couple met in Paris and Pehme was born there in 1949. Two years later, the family immigrated to the United States and settled in the New York City area. Pehme graduated from Lake Forest College in Illinois in 1972. After working briefly for a theatrical agent in Manhattan, he became an editor at the East Side Express, where he met his wife, Scarlett Lovell, one of the paper’s photographers. They had one child, Morgan, born in 1978. The couple divorced in 1986.

Pehme nurtured Morgan’s early talent for chess, and both father and son would be depicted as secondary characters in the 1993 film "Searching for Bobby Fischer." Pehme was played by David Paymer and Morgan by Hal Scardino. With his father as his coach, Morgan would become a national scholastic chess champion.

After leaving Our Town, Pehme became the editor of the New York State Workers’ Compensation Board’s Recodification of the Law project. He worked as a book editor and as the editor of Chess Life magazine and became an adjunct professor of journalism at St. John’s University in Queens, where he taught from 2003-2008. He would tell friends and family that working with college students was a “delight.”

A voracious reader and a devotee of hermeneutics, Pehme was learned in a dizzying array of subjects from Greek philosophy and Renaissance magic to the I Ching and French literature. He had a generous sense of humor and love of laughter. His favorite comic writer was the British novelist P.G. Wodehouse, creator of Bertie Wooster. Several days before his death, Pehme wrote on his Facebook page that he’d been re-reading Wodehouse “for the sake of a few laughs—no, many laughs. My life has a great void in it, i.e., that I could never join the Drones Club” [a reference to the fictional band of aristocratic scamps to which Wooster belonged].

Aside from his son Morgan, Pehme is survived by his daughter-in-law Patricia and two-year-old granddaughter Fiona, of Brooklyn, and his two sisters, Reet Caldwell of Chicago and Olivia Pehme of Tenerife in Spain’s Canary Islands.
______________________________________
Dennis King worked with his friend Kalev Pehme at Our Town.

Wright is Wrong: The Daily News

2011-09-28T18:44:00.008-04:00

Manhattan Democratic leader Keith Wright shouldn't play games with judgeships

N.Y. Daily News editorial, Wednesday, September 28th, 2011

Democratic leader Keith Wright's handling of judge appointments undermines confidence in the quality of the city's judiciary.

Manhattan Democratic leader Keith Wright has begun to play faster and looser with picks for judgeships. He needs to hold to standards that have enabled his organization to boast it had found the way to infuse patronage with quality.

Democrats in the other boroughs are more, uh, relaxed than their counterparts in Manhattan about installing friends, family and party faithful on the bench through uncontested elections. The only real check on whether a lawyer has what it takes to be a judge is a nod from the boss.

In contrast, the Manhattan Dems have required would-be jurists to be stamped as qualified by independent screening committees. The party has followed the practice of inviting nonpolitical bar associations, lawyers' groups and law school deans to recommend panelists who would pass judgment on whether candidates for the bench made the grade.

Committee members have operated in private and under the direction of a nonpolitical administrator. The party has also made public the names and sponsoring groups of all panelists.

Wright doubles as a Harlem assemblyman. Now in his second year as Manhattan Democratic chairman, he chipped away at the process as the party picked five Supreme Court candidates for election in November.

Wright's administrator sat in on all the interviews and asked questions. Wright also declined to make public the names of screeners and their appointing groups, releasing only their illegible signatures under the list of approved candidates.

That kind of game-playing will only undermine confidence in the quality of the city's judiciary.

How A Brooklyn Democratic Functionary Becomes A Brooklyn Judge

2011-09-28T04:52:00.020-04:00

City Hall News prints an article from "The New York World," a Col. U. "J" School project. A good read.
September 27, 2011

Carl Landicino wiped a bead of sweat from his head as he emerged from a small room into Founders Hall at St. Francis College in Brooklyn Heights to wave to 117 Democratic judicial delegates. The leadership of the Kings County Democratic Party was there last Thursday, including party leader Assemblyman Vito Lopez perched five rows from the back, shrouded in darkness.

Landicino beamed. As he raised his hand, delegates cheered and whistled. It was a rock star welcome for the civil lawyer: Brooklyn Democrats had just nominated him to be one of their six candidates on the November ballot to become a State Supreme Court judge.

“I have a lot of people to thank for getting me here today,” he said, hands gripping the podium. “I would especially like to thank the great Vito Lopez, without whose guidance I would not be where I am today.”

Lawyers and lower court judges seek out the 14-year judgeships, which pay $136,700 annually and preside over non-criminal cases ranging from slip-and-fall lawsuits to home foreclosures. The positions mostly go to those who play by party rules and have done their time in family, housing or civil court.

But Landicino jumped the line.

For five years, Landicino, who declined to comment for this story, has been attorney for the Kings County Democratic Party. And over the last 12 years he has made a career out of suing would-be challengers to the Brooklyn Democrats’ favored nominees for legislative and other elected seats.

He has knocked them off primary election ballots for infractions as tiny as a candidate referring to himself as a “state committee member” instead of district leader – titles that are interchangeable in other New York counties.

“He’s a great lawyer and you can’t deny that,” said Jacob Gold, a district leader from Flatbush. “This is his reward for putting in so much hard work.”

Lopez agreed. “His credentials are impeccable,” the party leader said after the meeting.

Manhattan attorney Matthew Cowherd, 35, has a darker view of Landicino’s accomplishments. He tried to run on a slate of insurgent candidates in Lopez’ Assembly district in Bushwick last year. Two months before the primary, Landicino filed a complaint with the state Board of Elections seeking to eject Cowherd and the others from the ballot, alleging fraud.

During a five-day trial, Landicino called in some of Cowherd’s petition-signers, who were public housing residents. Cowherd claims Landicino coached one of his witnesses to lie about the sex of one of the people soliciting signatures. Judge Caroline Demarest found the witnesses’ evidence to be unreliable.

“She admitted, during cross examination, that two men told her to say that she signed the petition for a man rather than a woman,” Demarest wrote. Landicino lost the case, and Cowherd and the others were allowed to run against Lopez – though they lost.

“That was enough for me,” Cowherd said. “The methods that Landicino employed were dirty tactics at best, and unethical or illegal at worst.”

In a tight-knit party organization, Gold and Lopez are not alone in seeing judicial nominations as prizes to be earned for loyal service to the party. Nearly 70 percent of registered voters in Brooklyn are Democrats, so whoever wins the nomination usually claims the seat.

But Landicino’s long record as what party dissenters call an “attack dog” for Lopez makes his nomination a bold example of the power of county organizations to fill the bench with judges whose top qualification is party loyalty.

“The issue is that party bosses still have the power to exclude qualified persons from the [ballot] line itself,” said James Sample, an attorney who served in the Democracy Program at the Brennan Center for Justice and has sued unsuccessfully to reform New York’s judicial selection process. “Rest assured the bosses use that power for patronage at expense of quality.

“Whoever controls the judicial convention controls everything.”

Lopez vehemently defended the process, saying Brooklyn’s judicial delegates are a diverse group that produces a Kings County bench with a substantial number of African-American and female judges.

“In that room, 65 percent were from minority backgrounds, and 75 percent were women. If we went through any other process, we wouldn’t have that,” he said. “Compared to the appointment system where Manhattan law firms don’t often have the sensitivity and concern for diversity, our convention is very fair and very open.”

He insisted: “This is anti-Tammany Hall.”

Yet the Brooklyn Democrats’ annual judicial convention runs like a machine. From a distance the proceedings look like democracy in action, as district leaders select delegates, delegates vote for the six judicial slots and murmurs of disagreement echo in the hall. But it’s a staged proceeding: The delegates read their nominations from prepared scripts.

That’s because Brooklyn’s Democratic district leaders – the most local of elected positions – have already decided on their nominees, meeting in secret the night before to offer their favorite candidates a position on the November ballot.

“Does everyone get what they want in democracy? No,” said Lopez. “Was it smooth? Yes.”

Landicino is a civil lawyer who lives in Westchester County but has roots in Canarsie, the base of the once-powerful Thomas Jefferson Democratic Club. His practice is not limited to election law: When Supreme Court Justice Jack Battaglia slipped on a wet spot in the Kings County courthouse and sought a million-dollar judgment against the City of Brooklyn, Landicino represented him and reached a settlement with court administrators.

His firm, Borchert, Genovesi, LaSpina & Landicino, acts on behalf of banks in foreclosure cases. Gregory LaSpina, a partner, is also a court-appointed receiver for financially troubled Brooklyn real estate, bringing in at least $40,000 a year in fees.

Yet Landicino and his colleagues stand out for their work knocking would-be challengers off Brooklyn Democratic ballots. Last year alone, Landicino signed off on more than 20 cases against candidates he accused of faking names and addresses on their petitions or falling short of the required number of signatures.

Opposing candidates tell of being disqualified over minor technicalities. Tony Herbert was disqualified because he failed to have the correct seal on his cover sheet. Another candidate was struck in an argument over his residential address. Yet another fell off the ballot because he had anglicized the spelling of his Russian name on his publicity material.

Jeannie May, 57, a registered nurse, ran for district leader in the 46th Assembly District in 2008. May had no political training or connections. She knew that by running against a pre-selected Democratic candidate she would have a challenge on her hands.

“I didn’t expect the bullying and intimidation though,” she said. “When I was served papers by three heavy, muscular men in black shirts, I knew this was serious.”

May was knocked off the ballot, allowing Dilia Schack – the wife of Brooklyn Supreme Court Justice Arthur Schack – to win the seat unopposed. Landicino wasn’t officially the attorney behind it, but May said he attended every proceeding and sat next to the lawyer who was supposedly running the case.

“He was obviously the puppet master,” May said. “On every move.”

This article was written by Alice Brennan at The New York World, an accountability journalism project covering city and state government, based at the Columbia University Graduate School of Journalism.

Comments

Bad Journalism (September 28, 2011) says:

Last time I checked Matt Cowherd never ran for District Leader. This story sounds like a hit piece on the Brooklyn Democratic Party. Its such a bad story. I love some of the phrases nevertheless: “men in muscles”, “puppet master”, “shrouded in darkness”. Implicitly prejudice and biased reporting. Shame on the Columbia School of Journalism for such bad reporting.

Moreover, how come the article doesn’t mention the irony of Judge Demarest’s ruling on the case that is mentioned. Esteban Duran was in fact the District Leader candidate in 2010 that is mentioned in this article. And who was he running against? Vito Lopez. And that the Judge is a friend of JoAnn Simon (a District leader), who ran for City Council against Steve Levin (Vito Lopez’ former Chief of Staff) in 2009. And that in 2010 when Hope Reichbach ran against JoAnn Simon for District Leader, Judge Demarest’s daughter wrote a letter urging neighbors to vote for JoAnn Simon. The younger Demarest also happened to be working for then-AG Andrew Cuomo at the time and the older Demarest was appointed to the bench by Daddy Cuomo (former Governor Mario Cuomo).

Alan Flacks (September 28, 2011) says:

“Bad Journalism” tells it “like it is.”

How Tammany Holds Power

2011-09-26T04:53:00.020-04:00

As we mourn the death of former county law chair Justice Feldman, you might be fascinated by this article he published in 1950. It gives some insight to the organization of the Democratic Party in Manhattan sixty years ago.

Some of the abuses that Justin Feldman described were abolished in the 1950s by legislation that required the direct election of district leaders and limited the number of county committee members from any election district. Other abuses were not abolished until the election of Ed Costikyan as County Leader in 1961 (who appointed Justin Feldman as Law Chair) and in 1977 when Miriam Bockman was elected County Leader and the County Committee adopted the revised rules that remain in effect today.
---Douglas A. Kellner

39 National Municipal Review 330 (1950):
Democratic machine can smother all opposition because New York primary laws permit a party to make its own rules.
By JUSTIN N. FELDMAN

TAMMANY Hall may consider the New York primary law a nuisance but never an obstacle. The long cherished hopes of Charles Evans Hughes which eventually developed into New York State's primary election system have been completely frustrated by failure of the law to prescribe rules for the internal management of political parties.

How does the notorious Tammany Hall organization operate to perpetuate its control of the party's machinery despite a direct primary law. It should be made perfectly clear at the outset that, while this story deals with the Democratic party organization on Manhattan Island (New York County), the techniques described and, yes, even some of the incidents, are often duplicated in the Republican party.

Tammany Hall is the popular name for the executive committee organization in Manhattan. Once the dominant influence over the party organization in the entire city, Tammany has lost much of its power in recent years because of its failure to offer any real service to the voters, its loss of contact with the average Democratic voter for whom it presumes to speak, the emergence in the other counties within the city of strong leaders, such as Ed Flynn in the Bronx, and the vehement denunciations it has had to withstand from many respected citizens.

Still, it is Tammany Hall which, by controlling the party machinery, designates the party's candidates for public office. It is Tammany which sends large delegations to the all- important state and national nominating conventions. It is Tammany which dispenses whatever city, state and federal patronage falls to the Democrats. And it is Tammany which, under the election law, is authorized to make the rules by which the party in Manhattan is governed.

In Manhattan the Democratic vote regularly exceeds that of the Republican party. In most areas of the island a victory in the Democratic primary is tantamount to election. As less than 10 per cent of the Democrats in any given area of Manhattan ever vote in even the most hotly contested primary, Tam- many, capitalizing on apathy, on its control of the machinery and on the obstacles it knows how to put in the way of insurgents, rules the roost.

Manhattan has sixteen assembly districts, each of which elects a representative to the lower house of the legislature. Each assembly district is divided into election districts (voting precincts) on the basis of the number of registered voters in the area. The number of election districts varies from 28 in the fourteenth assembly district to 105 in the fifth. The boundaries of the various assembly districts and of the election districts are set by the city council, which is commonly controlled by the Democratic party, and Tammany can thereby gerrymander the boundaries to suit its own convenience.

District Leaders

Each of Manhattan's sixteen assembly districts has one vote in the party's executive committee and is represented there by at least one district leader and a woman co-leader, sometimes more. The co-leader is entitled to divide the district's vote and cast her portion as she likes but by force of long tradition she usually remains in the background and exercises her vote in accordance with the wishes of her leader. The value of the district's vote on this executive committee depends further upon the number of leaders there are from that particular district. For the number of leaders and co-leaders who will be recognized and entitled to sit on this party executive committee with fractional votes is determined, not by statute or by the enrolled Democrats or by the geographical size or party registration of the assembly district, but by the whim or the carefully calculated design of the executive committee itself.

Most of the assembly districts in Manhattan have thus been carefully subdivided by the executive committee to the advantage of its veteran members. An assembly district may be represented on the executive committee or "in the hall" by two, three or even seven district leaders and an equal number of co-leaders. The assembly district in which I reside, for example, has seven leaders and seven co-leaders on the Tammany executive committee; each of these leaders and co- leaders is entitled to I/ 14th of a vote.

The leader is an extremely important person. Aside from his countywide power as a member of "the hall," he helps control nominations in "his" county subdivisions which elect assemblymen, state senators, congressmen and certain judges.

But how is this key leader (executive committee member) chosen? In other counties of greater New York, Democratic district leaders are elected by the voters direct; likewise in other parties. But to make boss control of the party easier in Manhattan, the leader is not voted for in a party primary directly by the voters but is selected by the members of the county committee in his portion of the assembly district.

Now, let's look at this county committee. It is a massive barrier. By state law two county committeemen must be elected from each little election district. The party may by its rules provide such additional memberships on the county committee as its chairman deems desirable, so long as the additional membership for each election district is kept in proportion to the party vote for governor in the last gubernatorial race. So each election district in Manhattan elects some ten to twenty committeemen. The number of committeemen in each assembly district consequently comes to 1,125 or more! Most of the members of the county committee are friends and relatives of the party's election district captains (whom the leader appoints) and don't even know they are on the committee, much less what its function and power may be.

Railroaded Action

In calling a meeting of the county committee members in his part of the assembly district, it is not uncommon for the leader to notify only those persons whom he knows to be friendly. Tammany Hall appoints the temporary chairman and secretary of the meeting. A script is prepared in advance and distributed to the "actors" who have been given particular parts for the evening. The chairman, working from a copy of his script, will only recognize those persons whose names appear on it although scores of other voters howl concertedly for a chance to speak or nominate. Often the meetings are held on the street. A truck is backed up in front of the local district club house. Passers-by are treated to a routine bit of mumbo-jumbo from the chairman on the truck. The stalwart Tammany committeemen who are present rubberstamp the top command's choice for leader. Who can prove that there, in the open air, no quorum of county committeemen was present? The whole county has about 20,000 county committeemen. Except for one occasion in 1933, however, no meeting of the entire county committee has ever been attended by more than 500 persons.

An insurgent seeking to elect sufficient county committeemen pledged to support him for leader has an almost insuperable task confronting him.

He must print and circulate nominating petitions bearing the names of a different slate of county committeemen for each little election district. If a name is misspelled on the petition, or if the signer uses- an initial in signing instead of his full given name, or if the color of the petition differs in tint from the prescribed shade, or if the petition sheet uses an abbreviation in the name of an avenue or street, or if any one of several hundred pitfalls which have been read into the direct primary law are not avoided, the petitions will be whittled down and voided by the Board of Elections.

Under New York State law the Board of Elections is composed of four commissioners, two designated by the Democratic executive committees for the counties of New York and Kings (Brooklyn) and two by the Republicans. In all internal fights whereby the control of the dominant factions of the "regular" organizations are threatened, one hand very definitely washes the other.

If the insurgent candidate for leader succeeds nevertheless in getting his slates on the ballots, he must deal with the further difficulty that his name does not appear anywhere on the ballots, and the task of informing even an aroused electorate, so that they may pick out his ten or twenty supporters on the primary ballot, is extremely difficult.

Now, assume if you can that you have succeeded in electing a majority of the county committee in your bailiwick! Isn't that enough? Won't your candidate then be duly elected by the committeemen who have thus been pledged to vote for him? Surely if Tammany in calling the meeting has notified all of the persons entitled to attend, and if the persons whom you have elected attend, and if the Tammany-appointed chairman of the meeting acts fairly, and if the Tammany-appointed secretary of the meeting counts the votes accurately, and if the police re- pulse Tammany attempts to pack the meeting, you will elect the district leader? Oh, no! Not so simple! There are many other obstacles which Tammany may put in your way. They may do any of the following under the rules they have set up since the law empowers them to concoct their own rules:

You Can't Win!

Suppose you run a candidate for district leader in an assembly district which contains 99 election districts. There have always been three leaders in that district and the fellow you are anxious to oust is in charge of election districts one through 33. You file your petitions for those districts. You elect your slates for county committeemen in twenty of the 33 districts and are feeling pretty secure about the prospective meeting of the county committeemen when called to select the leader.

Tammany, however, has the right to decide after the primary that the man you opposed will now govern only thirteen safe districts and the remaining twenty, wherein you were successful, will be added to the territory of the fellow who previously had the 33 adjoining election districts numbered 34 to 66. You now control only twenty districts out of the revised group of 53.

Under Tammany rules, the executive committee that is, the other leaders may sit as judge of the qualifications of its own members and may veto the choice made by the county committeemen and substitute a man of their own selection. And this decision, again under the rules, may be made by the outgoing executive committee on which the leader you opposed is entitled to vote.

But this is not all. They have other devices! In 1947 a group of Democrats in the fifteenth assembly district organized to elect a district leader. After a hard and bitter fight waged against a leader who had been in control of that particular district for fourteen years, they elected a majority of county committeemen. Through the use of pressure on other party leaders they were able to get acceptance for their choice by the executive committee.

Some months later, however, the Tammany county leader, chairman of both the county committee and its executive committee, called a meeting of the county committeemen of that assembly district and, accompanied by some of his strong-arm men, attended this meeting which was chaired by his designee. When he walked in, he distributed copies of a script for the meeting to his accomplices and the meeting went off like a well rehearsed radio program.

Following a line by line recital of the script, the assembly district, which had heretofore had only one district leader casting a full vote in the councils of the executive committee, was declared split. A second district leader was selected someone whom nobody in the district had heard of. The meeting was declared adjourned and the master light switch was pulled so that the meeting could not continue and objectors could not be heard.

A new henchman of the dominant faction of Tammany had been installed and from that time forward the leader chosen by the county committeemen of the district no longer enjoyed a full vote in the executive committee but was relegated to a half vote, offset, of course, by the half vote of the newcomer.

Tricks of the Trade

In the 1949 primary an insurgent candidate in the first assembly district filed petitions in the election districts covered by two incumbent Tammany leaders. He won a majority of the election districts in one portion of the assembly district, but not in the second. When the meeting of the county committee was called, he found that it was a combined meeting of both portions of the district and the majority he had in one section was completely swallowed up in the larger meeting.

There being sixteen assembly districts, one might think there would be a total of sixteen votes on the executive committee. But the chairman of the executive committee has an additional vote by virtue of his office. He has the further right to appoint and remove three sub- committee chairmen each of whom may cast a full vote in addition to his vote as a district leader. In this way the chairman controls four votes out of twenty.

All these extremely undemocratic methods are the result of a direct primary law which allows the party executive committee to make its own rules that thus fortify tight clique control. It is in this way that a coterie of political leaders in Manhattan is able to frustrate insurgency, hold power for generations and select its successors. Those who are concerned with political and democratic techniques must turn their attention and that of the public to the important problem of ensuring democracy in the internal structure and machinery of parties.
---------------------------------------
Mr. Feldman, a New York lawyer, is a member of the new Manhattan party group known as the Fair Deal Democrats. Long active in public affairs, he was formerly chairman of the speaker's bureau of the Democratic State Committee and director of veteran affairs of the American Veterans Committee.
=================
To read the N.Y. Times obituary, copy this to the clipboard and then paste it into your browser's U.R.L. space:

http://www.nytimes.com/2011/09/25/nyregion/justin-n-feldman-92-dies-opposed-tammany-hall.html?_r=1&scp=1&sq=justin%20feldman&st=cse

N.Y. County Dems. Schedule Up-Dated.

2011-09-15T17:45:00.016-04:00

September 15, 2011, Thurs.: N.Y. County Executive Committee [District Leaders] Meeting for coronation of County Leader.
6.00 P.M. – 8.00 P.M. @ Hudson Guild, 441 West 26th Str. (betw. 9th & 10th Aves.). Open to the public.
September 15, 2011, Thurs.:

Ellen Gesmer, 5 P.M. to 9 P.M. Chez Carter, 65 West 13th Str. (@ 6th Ave.), Suite #10B.

Shlomo Hagler, 8 P.M. to 10 P.M. Mitchel Gold+Bob Williams, 210 Lafayette Str. (betw. Spring & Broome Sts.) [IRT #6 Lex./4th Ave. Pelham Bay lcl. To Spring Str. Sta.]

September 18, 2011, Sunday:

Anil Singh, 12:00 Noon until 2 P.M.
230 West 105th Street - Apt. #13-A, [Just east of B'way]

AnnalisaTorres, 12:00 Noon until 3 P.M.
Chez Shaer et Rosenberg, 255 West 90th Street, Apt. #2-B [Betw. B'way & W.E.A.]

Deborah Ann Kaplan, 3:30 P.M. until 6:30 P.M.
Cibo Restaurant, 767 Second Avenue @ E. 41st Street

Peter H. Moulton, 5 P.M. until 7 P.M.
Chez Lawrence, 2211 Broadway - Suite 8K The Apthorp Arms [Betw. 78th & 79th Sts.]

September 20, 2011, Tuesday:

Saliann Scarpulla, 6 P.M. until 8 P.M.
Chez Nichols, 161 West 15th Street - Loft 3-H
[Just E. of 7th Ave. - Ring #37]

Manuel Jacobo Mendez Olivero (Manny Mendez), [Where's my invitation, Manny? Did the dog eat it? Was it lost in the mail? Nonetheless, here's the information.] 6 P.M. to 8 P.M.
e/c/d Roberts, 215 West 88th Street - Unit 6-H
[Corner B'way]

George J. Silver, 7:30 P.M. until 9:30 P.M.
Chez Pochter, 150 East 69th Street - Apt. #17-C
[Betw. Lex & 3rd Aves.]

September 21, 2011, Wed.: N.Y. County First District Judicial Convention.[Change of date so as to allow those who wish to attend the unveiling of the Charles Rangel portrait to do so: "The honor of your presence is requested to attend and participate in the Unveiling Of The Official Portrait Of Congressman Charles B. Rangel as Chairman Emeritus of the Committee on Ways and Means in the United States House of Representatives on Thursday, the 22nd of September two thousand and eleven in the City of Washington."]
6.00 P.M. – 8.00 PM @ Harlem Hospital, 506 Lenox Ave. (at W. 135th Str.). Open to the public.

September 26, 2011, Mon.: N.Y. County Committee Meeting. 6.00 PM – 8.00 PM @ SVA Theater, 333 West 23rd St. betw. 8th & 9th Aves. on the N. side of the street. Open to the public.

November 17, 2011, Thurs.: N.Y. County Dems. Cocktail Party
6.00 P.M. @ Le Parker Meridien Hotel, 119 W. 56th Str. (betw. 6th & 7th Aves.). $

C.F.D. Judiciary Committee Supreme Court Candidates Forum

2011-09-13T16:31:00.011-04:00

Attn.: This forum is free and open to the public. Please attend.
=====================================
September 2011

JUDICIARY COMMITTEE

Community Free Democrats

For many years the C.F.D. Judiciary Committee has invited the candidates for State Supreme Court Justice in Manhattan to an open forum where the candidates can present themselves and their ideas to convention delegates and other interested constituents and where they can answer questions.

The Forum this year will be held as indicated below. We invite you to attend.

Time: Wednesday, Sept. 14th, 2011, at 6:30 P.M.
Place: Goddard-Riverside Phelps House in Manhattan
593 Columbus Ave. at West 88th Street (N.E. corner)
The meeting room is down a flight of stairs.

The Independent subway local B and C lines 86th Street and C.P.W. stop has an 88th Street exit, which is one block away from Columbus Avenue.

There are three vacant, non-incumbent seats. For those seats there will be up to 13 candidates. Nine were "reported out" by the screening panel and four additional are eligible because they were reported out of screening panels in two of the last four consecutive years. And there are also two incumbent justices seeking re-election.

We hope that you can join us.

Sincerely, C.F.D. Judiciary Committee, Lloyd McAulay, Chair

P.S. The First District Judicial Convention has been changed to Wednesday, Sept. 21, 2011, at Harlem Hospital.

2011-09-11T15:25:00.007-04:00

A Tintype of CFD's Primary Day, 2001

Where Members Were That Fateful Morning

Like all New Yorkers, CFD members were pumped for an exciting Primary Day on September 11, 2001. Our troops were in the field. Our own Scott Stringer was running for Public Advocate in a five-candidate field, and many of had willingly sacrificed all our free time that summer to push him over the top.

District Leader Joan Paylo has collected CFD's memories of that day – our members' experiences from the tragic to the mundane, from the personal to the political – and she's spun them into a narrative account. It's a 9/11 remembrance for those who follow the details of the daily drama of West Side politics and people. (Click here)

The real-life characters we all love are in it. Read about Joyce Miller and Jerry Nadler's surreal, nine-hour journey home from Washington, DC... How industrious poll workers, volunteers distributing palm cards and other members gathered in the CFD clubhouse at 90th and Amsterdam... How outer-borough pols helped CFDers who were stranded by the subway shutdown... And more. (Click here)

We've recorded our questions, losses and triumphs, large and small, in CFD's special 9/11 retrospective. (Click here)

N.Y. County Dems. Schedule

2011-09-08T10:08:00.012-04:00

September 8, 2011, Thurs.: N.Y. County Fundraiser. 6.00 P.M. – 8.00 P.M. @ 1199/SEIU Local 32 B-J headquarters, 101 Avenue of the Americas (betw. Grand & Watts Sts.). $ [Discounted rate of $50 for political club members.]

September 14, 2011, Wed.: Forum for candidates running for State Supreme Court in New York County, 6:30 P.M. @ Goddard-Riverside Phelps Ho., 593 Columbus Ave. (W. 88th Str.) down the stairs. Open to the public. All welcome.

September 15, 2011, Thurs.: N.Y. County Executive Committee [District Leaders] Meeting for coronation of County Leader. 6.00 P.M. – 8.00 P.M. @ Hudson Guild, 441 West 26th Str. (betw. 9th & 10th Aves.). Open to the public.

September 21, 2011, Wed.: N.Y. County Judicial Convention.
6.00 P.M. – 8.00 PM @ Harlem Hospital, 506 Lenox Ave. (at W. 135th Str.). Open to the public.

September 26, 2011, Mon.: N.Y. County Committee Meeting.
6.00 PM – 8.00 PM @ SVA Theater, 333 W. 23rd Str. (betw. 8th & 9th Aves. on N. side of Str.). Open to the public.

November 17, 2011, Thurs.: N.Y. County Dems. Cocktail Party
6.00 P.M. @ Le Parker Meridien Hotel, 119 W. 56th Str. (betw. 6th & 7th Aves.). $

Late July & August, 2011, Events

2011-07-26T18:28:00.013-04:00

SELECTED EVENTS
[Events which request a contribution are indicated by a dollar sign.]
* * * * * * * * * * * * * *
26th July, 2011, Tuesday , from 7 to 10 P.M. Lenox Hill Dem. Club summer celebration at Doc Watson's, 1490 2nd Ave. (betw. E 77th & E. 78th Sts.) Cash bar.

28th July, 2011, Thurs., from 5:30 until 8 P.M. Three Parks Ind. Dems., Inc. Picnic-in-the-Park. Contributions of comestibles and potables kindly accepted. Central Park, enter at W. 103rd Str. on C.P.W. All welcome.

August, 2011, "Advance Sheets":

2nd August, 2011. "National Night Out" Contact your local N.Y.P.D. precinct for time and location.

5th August, 2011, Friday, 7 o'clock P.M. until Mid-night. Martin Luther King, Jr., Dem. Club fund-raiser. Cathedral Parkway Towers, 125 W. 109th Str. (betw. Col. & Amst. Aves.). Info., call Peggi Jackson at (212) ADirondack 4 - 66.01. $

6th August, 2011, Saturday, 5 P.M.-on. The Brooklyn Museum of Art's First Saturday Night programme. Paste into your browser: http://www.brooklynmuseum.org/

7th August, 2011, Sunday. From 5:30 P.M. to 9 P.M. N.Y.C. Friends of Clearwater annual sail. Sloop departs 79th Str. Boat Basin, Manh. Limited to the first 50 "landlubbers." Please bring food or a dish to share. No smoking. Strict sailing water-safety rules. Info., please call Donna Stein (212) 307+61.89 or Steve Gradman (917) 374+97.29. $ [$30; members $10]

16th August, 2011, Wed., 6 to 8 P.M. Jerry Nadler's summer soiree fund-raiser. Pier 66 (W. 26th Str. & the Henry Hudson River). R.s.v.p. (212) 352-03.70. $
___________________________________

This information is supplied as a public service, and does not necessarily comprise 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.

Up-dated July Events

2011-07-12T19:32:00.005-04:00

SELECTED EVENTS

[Events which request a contribution are indicated by a dollar sign.]

* * * * * * * * * *

TODAY:
13th July, 2011, Wed. at 6:30 P.M. Adriano Espaillat fund-raiser. 79th St. Boat Basin Cafe (W. 79th Str. & the Hudson River, enter on RSD). R.s.v.p. to Aneiry Batista at (917) 547+11.47. $

14th July, 2011, Thursday. Bastille Day. Last day for designating petitions to be filed with the Conjunto de Elecciones en la ciudad de Nueva York.

CANCELLED:
20th July, 2011, Wed., 6 to 8 P.M. Jerry Nadler's summer soiree fund-raiser. Pier 66 (W. 26th Str. & the Henry Hudson River). R.s.v.p. (212) 352-03.70. $
Rescheduled for Tues., 16th August, 2011.

28th July, 2011, Thurs., from 5:30 until 8 P.M. Three Parks Ind. Dems. Picnic-in-the-Park. Contributions of comestibles and potables kindly accepted. Central Park, enter at W. 103rd Str. on C.P.W. All welcome.

August, 2011, "Advance Sheets":
Look for up-coming Brooklyn Museum of Art's First Saturday Night (the 6th), Friends of the Hudson River Sloop Clearwater sail (the 7th), and Congressmaven Nadler's soiree (the 16th).
_________________________________________

This information is supplied as a public service, and does not necessarily comprise 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.

July Events

2011-07-01T20:35:00.025-04:00

SELECTED EVENTS
[Events which request a contribution are indicated by a dollar sign.]
* * * * * * * * * *
2nd July, 2011, First Saturday in July, 5 P.M.-on. Breuckelen Museum of Art 1st Sat. Night. Go!
Link to: http://www.brooklynmuseum.org/

Daniele Gerard

13th July, 2011, Wed. at 6:30 P.M. Adriano Espaillat fund-raiser. 79th St. Boat Basin Cafe (W. 79th Str. & the Hudson River, enter on RSD). R.s.v.p. to Aneiry Batista at (917) 547+11.47. $

20th July, 2011, Wed., 6 to 8 P.M. Jerry Nadler's summer soiree fund-raiser. Pier 66 (W. 26th Str. & the Henry Hudson River). R.s.v.p. (212) 352-03.70. $

28th July, 2011, Thurs., from 5:30 until 8 P.M. Three Parks Ind. Dems. Picnic-in-the-Park. Contributions of comestibles and potables kindly accepted. Central Park, enter at W. 103rd Str. on C.P.W. All welcome.
_______________________________________
This information is supplied as a public service, and does not necessarily comprise 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.

Late June Events

2011-06-24T15:16:00.012-04:00

SELECTED EVENTS
[Events which request a contribution are indicated by a dollar sign.]
* * * * * * * * * *
24 June, 2011, Friday after work. Swedish Mid-Summer Festival at the Battery (Wagner Park).

On the Friday closest to the actual summer solstice, Swedes celebrate Midsummer's Eve, rejoicing in the light of the sun and arrival of summer. This major holiday is usually celebrated in the heart of nature, as Swedes head out to the countryside to enjoy food, drink, games, dancing and general revelry.
Link to: http://www.swedenabroad.com/Page____13256.aspx

27th June, 2011, Monday, at 6 o'clock P.M. Public forum: Civil Legal Services in Europe - What Can the U.S. Learn? N.Y. County Lawyers Assn., 14 Vesey Str. (betw. B'way & Church Str.)http://www.blogger.com/img/blank.gif.
Panel (in formation): Moderator David Udell, Executive Director, National Center for Access to Justice, Benjamin N. Cardozo School of Law; Paris R. Baldacci, clinical professor of law and director, Housing Rights Clinic, Benjamin N. Cardozo School of Law; Lynn M. Kelly, executive director, City Bar Justice Center; Hon. Fern Fisher, Deputy Chief Administrative Judge for New York City Courts; Emmanuel Masson, president, Lille (France) bar association; and Bertrand Debosque, former president, Lille (France) Bar Association.
Unlike in Europe, the United States has no civil Gideon, no constitutional guarantee of representation for poor people facing potentially serious consequences from civil litigation. This forum will feature a discussion of the civil legal service systems European countries have developed, including the tensions within those systems about funding and the allocation of services among potential litigants, particularly in light of recent budget cuts. Panelists will focus on strategies for expanding access to civil legal services in New York and around the United States in a difficult economic climate.

27th June, 2011, Monday, 6 to 8 P.M. The McManus Democratic Assn. fund-raiser at Charlie O's - Joe Franklin's Restaurant, 713 Eighth Ave. @ W. 45th Str., Manh. (212) COlumbus 5 - 24.94. $

27th June, 2011, Monday, 6 P.M. Cong. Charles Rangel fund-raiser chez Alston, 400 W. 150th Str. (betw. St. Nicholas Place & Edgecombe Ave., Haarlem. R.s.v.p. (212) TOmpkins 2 - 49.90. $

28th June, 2011, Tuesday, 6 to 8 P.M. Garden party fund-raiser for Carolyn Maloney, M.C., at her townhouse, 49 E. 92nd St. (E. of Mad. Ave.). R.s.v.p. (212) CAnal 8 - 52.22. $

And watch for up-coming July events: Brooklyn Museum of Arts First Saturday Night and Congressman Jerrold Nadler's Summer Soiree.
__________________________________________________
This information is supplied as a public service, and does not necessarily comprise 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.

Decision of Interest

2011-06-23T09:15:00.005-04:00

William Dugan, Marsha D'yans, Georgette Gagnon, Lowell D. Kern, Michael Mccurdy, Jose Pelaez, Tracy Snyder, Michael J. Walsh, Leslie M. Mack, and Anita Zitis, on Behalf of Themselves and all other Persons Similarly Situated, Plaintiff vs. London Terrace Gardens, L.P., Defendant, 603468/2009
Supreme Court, New York County, Part 46, Lucy A. Billings, J.

Cite as: Dugan v. London Terrace Gardens, L.P., 603468/2009, NYLJ 1202498153508, at *1 (Sup., NY, Decided June 6, 2011)

ADDITIONAL CASE:

James Doerr, on Behalf of Himself and All other Persons Similarly Situated v. London Terrace Gardens, L.P., 603696/2009

ATTORNEYS:

For the Plaintiff: Matthew D. Brinckerhoff Esq., Emery Celli Brinckerhoff & Abady LLP, Dugan, D'Yans, Gagnon, Kern, McCurdy, Pelaez, Snyder, Walsh, Mack, and Zitis, New York, NY.

William Gribben Esq. and Ronald S. Languedoc Esq., Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York, NY.

For Plaintiff Doerr: Ronald Aranoff Esq., Hanna R. Neier Esq., and Christian Siebott Esq., Bernstein Liebhard LLP, New York, NY.

For the Defendant: Robert D. Goldstein Esq. and Paul N. Gruber Esq., Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York, NY.

Harry Frischer Esq., Richard M. Goldstein Esq., and Steven H. Holinstatt Esq., Proskauer Rose LLP, New York, NY.

DECISION AND ORDER

I. BACKGROUND
*1
Plaintiffs in these two actions, consolidated for this decision, on behalf of themselves and similarly defined classes of tenants at defendant's building complex London Terrace Gardens, claim that defendant has charged them excessive rents under the Court of Appeals' interpretation of applicable rent stabilization laws. Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d 270 (2009). London Terrace Gardens consists of almost 1,000 apartments. Plaintiffs claim defendant has unlawfully removed approximately 30percent of these units from rent stabilization or

*2
control and charged their tenants excessive rent.

Defendant moves to dismiss or stay each action to permit the New York State Division of Housing and Community Renewal (DHCR) to resolve plaintiffs' claims concerning whether their apartments are subject to the rent stabilization and control laws at issue, whether the tenants have been charged excessive rent, and what rent was to have been charged for what past period and is to be charged currently. C.P.L.R. §§2201, 3211(a). Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, determined that DHCR's misinterpretation since 2000 of the rent stabilization laws at issue had caused rent overcharges to tenants of other large building complexes in New York County. Nevertheless, defendant insists that DHCR assume primary jurisdiction over the rent to be charged in defendant's building complex.

This decision more comprehensively explains the court's prior order denying defendant's motion. The court withheld this decision previously in an abundance of caution not to jeopardize the progress of settlement negotiations over the past year. At the parties' last appearance, however, defendant demonstrated that that promising progress had reached a standstill.

II. THE APPLICABLE RENT STABILIZATION AND CONTROL LAWS AND THEIR INTERPRETATION

The "luxury decontrol" provisions of the New York City Rent
*3
Control Law and Rent Stabilization Law allow a landlord to remove apartments from rent control or stabilization and charge market rent when tenants' incomes exceed specified thresholds. N.Y.C. Admin. Code §§26-403.1, 26-504.3. Once a landlord removes apartments from rent regulation and charges market rent, the landlord no longer: must renew the tenants' leases or renew them for any prescribed period, is limited to the original lease terms or limited in negotiable rent increases, must provide the same services, or is subject to prohibitions against harassment of tenants.

Where landlords receive a New York City "J-51" tax exemption or abatement for their apartments under New York Real Property Tax Law §489(1)(a) and New York City Administrative Code §§11-243 and 11-244 (formerly §§J51-2.5 and J51-5), the apartments are subject to rent regulation, N.Y.C. Admin. Code §§11-243(i)(1), 26-504(c), and the luxury decontrol provisions do not apply. N.Y.C. Admin. Code §§26-403(e)(2)(j) and (e)(2)(k), 26-504.1, 26-504.2(a). DHCR's Rent Stabilization Code and its Rent and Eviction Regulations for rent controlled units, interpreting the luxury decontrol statutes, however, allowed a landlord to avail itself of luxury decontrol of apartments that already were rent stabilized or controlled when the landlord began receiving a J-51 tax exemption or abatement for those apartments. DHCR's
*4
regulations also allowed a landlord to continue charging market rent for apartments already deregulated under luxury decontrol when the landlord began receiving J-51 tax benefits for the building, but the New York City Department of Housing Preservation and Development (HPD) had reduced them in proportion to the percentage of deregulated apartments in the building.

Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, determined that this regulatory interpretation, 9 N.Y.C.R.R. §2520.11(r)(5)(i) and (s)(2)(i), of the Rent Stabilization Law, N.Y.C. Admin. Code §§26-504.1 and 26-504.2(a), was contrary to the statutes' terms that a landlord may not avail itself of luxury decontrol where the apartment "became subject to" rent stabilization "by virtue of receiving" a J-51 tax exemption or abatement. The statutory terms prohibiting luxury decontrol of rent controlled apartments receiving J-51 tax benefits, N.Y.C. Admin. Code §26-403(e)(2)(j) and (e)(2)(k), are identical to §§26-504.1 and 26-504.2(a), just as DHCR's regulations misinterpreting each statute are comparable. 9 N.Y.C.R.R. §§2200.2(f)(19)(v) and (20)(ii), 2520.11(r)(5)(i) and (s)(2)(i).

The Roberts ruling, however, in turn raises further issues that the current two actions still must determine. First is the extent to which defendant's unlawful decontrol of apartments
*5
when tenants' incomes exceeded the thresholds for luxury decontrol, despite defendant's receipt of a J-51 tax exemption or abatement, must be remedied retroactively, requiring the landlord to repay past overcharges to tenants. Related to retroactivity is when plaintiffs' claims accrued and whether they survive under the applicable statute of limitations.

Third is whether defendant lawfully may avail itself of luxury decontrol for apartments to which it attributes no J-51 tax benefits, while receiving them for other apartments in its building, because HPD reduced them in proportion to the percentage of decontrolled apartments in the building. The Appellate Division in Roberts held that "all apartments in buildings receiving J-51 tax benefits are subject to the RSL during the entire period in which the owner receives such benefits." Roberts v. Tishman Speyer Props., L.P., 62 A.D.3d 71, 80 (1st Dep't), aff'd, 13 N.Y.3d at 284 (emphasis added). In affirming, the Court of Appeals did not repeat that holding, but, when referring to the legislative history of Administrative Code §§26-504.1 and 26-504.2(a), emphasized that it "plainly indicates that 'at no point' would the luxury decontrol provisions apply to buildings which 'received' tax exemptions." Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 287 (emphasis added). In fact the Rent Stabilization Law itself *6 requires that it apply to: "Dwelling units in a building…receiving the benefits of section 11-243 or section 11-244." N.Y.C. Admin. Code §26-504(c) (emphases added). See Independence Plaza N. Tenants' Assn. v. Independence Plaza Assoc., LP, 29 Misc. 3d 868, 877 (Sup. Ct. N.Y. Co. 2010). Related to all the above issues is the extent to which any prior judicial or DHCR adjudicatory decisions specifically regarding plaintiffs' rent levels affect determination of the retroactivity and limitations of plaintiffs' claims and the lawfulness of decontrol in proportion to a reduction in the tax benefits.

In sum, defendant seeks that all these issues be resolved consistently throughout New York's residential real estate rental market, which only a central administrative forum like DHCR is capable of accomplishing. Defendant posits that DHCR will resolve these issues by considering all affected parties' interests.

While DHCR's resolution of the issues through rulemaking well might consider all stakeholders' interests, defendant concedes that DHCR in over 18 months still has not amended its rules to conform to Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86. Were the court to grant a stay, plaintiffs might lose their apartments without rent regulation while waiting
*7
indefinitely for DHCR to act. For these reasons alone, such an indefinite stay would be inequitable, denying plaintiffs a prompt and permanent adjudication of their claims. C.P.L.R. §2201; Nezry v. Haven Ave. Owner LLC, 28 Misc. 3d 1226, 2010 WL 3338545, at *5 (Sup. Ct. N.Y. Co. 2010).

Nevertheless, even if DHCR may be counted on to act, a remand to DHCR of these building-wide actions or other building by building or unit by unit actions would prompt an adjudication only within the same context as the particular action. DHCR would be even further limited in these two actions, as it is unauthorized to decide whether to certify a class, determine its parameters, adjudicate plaintiffs' classwide claims, or grant the classwide relief plaintiffs seek. C.P.L.R. §905. See 9 N.Y.C.R.R. §§2207.1, 2207.5, 2207.6, 2526.1, 2527.1. On the other hand, DHCR remains free to set and implement policy on a broader scale, consistent with the governing statutes, and after considering the broader impact on all interests.

III. RETROACTIVITY

Of particular concern to defendant is the retroactive application of Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, which would affect buyers and sellers of residential rental property, their lenders, and taxing authorities, who calculated prospective rental values based on DHCR's
*8
interpretation of the Rent Stabilization Law that the Court of Appeals upset. Owners of residential rental property applied for and obtained J-51 tax benefits for many years for buildings where the owners had removed apartments from rent regulation under luxury decontrol in reliance on DHCR's interpretive regulations. If now required to repay the difference between the market rents charged and the regulated rent, owners well might repay more than the value of the tax benefits. Buyers of these buildings and lenders that financed them invested in them in reliance on collection of market rents for those apartments removed from rent regulation. The increased rental values in turn increased the local, state, and federal taxes paid on the buildings.

However magnanimous defendant's concern for other property owners, prospective owners, lenders, and governmental tax revenues, yet again, the only interests to be considered here are defendant's financial constraints if required to repay years of high overcharges to many tenants. Defendant's interests of course are balanced against the protection of tenants intended to be protected over that time from rent increases above the regulated levels. The Court of Appeals recognized, moreover, that even a heavy burden on a building owner is "no reason to eschew what we view as the only correct interpretation of the
*9
statute": a view that applies equally throughout the period the statute has been in effect and simply allows defendant to collect a lawful rent. Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 287.

The issue here is not whether a new statute or new regulation is to be applied retroactively, but is whether the courts' interpretation, at their first opportunity, of a statute in effect since 1993, will now govern its application over that time. Gurnee v. Aetna Life & Cas. Co., 55 N.Y.2d 184, 191-92 (1982); 72A Realty Assoc. v. Lucas, __ Misc. 3d __, 2011 WL 2135625, at *1 (App. Term 1st Dep't May 24, 2011). In determining whether the interpretation of the Rent Stabilization Law, N.Y.C. Admin. Code §§26-504.1 and 26-504.2(a), in Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, and the analogous provisions of the Rent Control Law, N.Y.C. Admin. Code §26-403(e)(2)(j) and (e)(2)(k), are to be applied retroactively, the court examines three questions. (1) Did the Court of Appeals' decision establish a new principle of law, (a) by abruptly overruling past precedent on which litigants may have relied, or (b) by resolving an issue for the first time in a way not foreshadowed? (2) If another judicial principle of law or judicial interpretation governed previously, will retroactive operation of a newly announced principle or
*10
interpretation promote or retard its operation? (3) Will retroactive application impose inequitable results? Gurnee v. Aetna Life & Cas. Co., 55 N.Y.2d at 191-92; Hilton Hotels Corp. v. Commissioner of Fin. of City of N.Y., 219 A.D.2d 470, 477 (1st Dep't 1995). See People v. Hill, 85 N.Y.2d 256, 262-63 (1995); People v. Favor, 82 N.Y.2d 254, 262-63 (1993); Americorp Sec. v. Sager, 239 A.D.2d 115, 117 (1st Dep't 1997); Matter of Taihem F., 222 A.D.2d 322, 323-24 (1st Dep't 1995).

Absent any past precedent to the contrary, Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, resolved an issue for the first time. People v. Favor, 82 N.Y.2d at 263; Gurnee v. Aetna Life & Cas. Co., 55 N.Y.2d at 192; Matter of Taihem F., 222 A.D.2d at 323. Therefore only the extent to which that resolution was not foreshadowed and not to be expected and to which its retroactive application will produce inequity, which in turn would consider any inequitable financial impact on defendant if required to repay massive overcharges, are to be examined.

Despite any such impact, the very fact that Roberts enunciated a principle of law that did not overrule past precedent on which litigants may have relied, but was defensible based on the past law, the 1993 statute, nonetheless will militate in favor of retroactive application when the retroactivity issue is reached.
*11
Rogers v. Tennessee, 532 U.S. 451, 464 (2001); People v. Hill, 85 N.Y.2d at 263; Gurnee v. Aetna Life & Cas. Co., 55 N.Y.2d at 192; 72A Realty Assoc. v. Lucas, 2011 WL 2135625, at *1. See Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 287. So will "the plain text," id. at 285, and "the most natural reading of the statute's language" that has remained intact since its enactment, as well as its legislative history when enacted, id. at 286, that foreshadowed the Court of Appeals' interpretation of the Rent Stabilization Law. People v. Hill, 85 N.Y.2d at 262; People v. Favor, 82 N.Y.2d at 263. Defendant's reliance on DHCR's erroneous interpretation still may be a consideration, on the other hand, in examining whether overcharges were intentional, warranting an award of treble damages. 72A Realty Assoc. v. Lucas, 2011 WL 2135625, at *2. See N.Y.C. Admin. Code §§26-413(d)(2), 26-516(a); 9 N.Y.C.R.R. §§2206.8(b), 2526.1(a)(1); Bradbury v. 342 W. 30th St. Corp., __ A.D.3d __, 2011 WL 2119376, at *2 (1st Dep't May 31, 2011); H.O. Realty Corp. v. State of N.Y. Div. of Hous. & Community Renewal, 46 A.D.3d 103, 107-108 (1st Dep't 2007); Nagobich v. New York State Div. of Hous. & Community Renewal, 200 A.D.2d 388 (1st Dep't 1994); Roker Realty Corp. v. Gross, 163 Misc. 2d 766, 768 (App. Term 1st Dep't 1995).
IV. PLAINTIFFS' CLAIMS
*12
Plaintiffs bring their actions on behalf of a class of former, current, and future tenants at London Terrace Gardens residing in apartments that were subject to rent stabilization or rent control, but were treated as unregulated under luxury decontrol, since 2003 when defendant began receiving almost $2,000,000 in J-51 tax benefits. Plaintiffs seek a declaratory judgment that these apartments be returned to their prior regulated status, that any pending petitions before DHCR to deregulate apartments are void, and that any prior deregulation orders by DHCR are void. To return the apartments to regulated status, plaintiffs seek injunctive relief ordering defendant to register the unregulated apartments with DHCR and to offer the tenants renewal leases approved by DHCR. Plaintiffs seek damages equal to the excessive rents charged when plaintiffs' apartments were treated as unregulated during defendant's receipt of J-51 tax benefits.

Plaintiffs in one or both of these two actions, moreover, do not just claim rent overcharges under the Rent Stabilization Law or Rent Control Law. Plaintiffs also claim deceptive business practices, promissory estoppel, and reformation of their rental contracts.

V. PRIMARY JURISDICTION

A. The Court's and DHCR's Concurrent Jurisdiction
*13
Where an administrative agency with the necessary expertise may dispose of issues, the court, despite its concurrent jurisdiction, N.Y. Const. art. VI, §7; N.Y. Jud. Law §140-b; Sohn v. Calderon, 78 N.Y.2d 755, 766 (1991), may in its discretion suspend its action until resolution of the issues in an administrative proceeding. See id. at 768; Wong v. Gouverneur Gardens Hous. Corp., 308 A.D.2d 301, 303 (1st Dep't 2003); Acosta v. Loews Corp., 276 A.D.2d 214, 218-19 (1st Dep't 2000); Nasaw v. Jemrock Realty Co., 225 A.D.2d 385, 386 (1st Dep't 1996). The court then may take the agency's determination into account in the court's ultimate disposition. These issues may be factual, technical, or legal if they concern interpretation or application of statutes the agency is authorized to implement. Capital Tel. Co. v. Pattersonville Tel. Co., 56 N.Y.2d 11, 22 (1982); Wong v. Gouverneur Gardens Hous. Corp., 308 A.D.2d at 303-304; Davis v. Waterside Hous. Co., 274 A.D.2d 318 (1st Dep't 2000). DHCR's field of expertise, without question, is issues related to rent regulation, Sohn v. Calderon, 78 N.Y.2d at 768; Davis v. Waterside Hous. Co., 274 A.D.2d at 319, including the determination of the regulated rent over a retroactive period and the award of refunds and penalties for landlords' overcharges to tenants. 390 W. End Assoc. v. Nelligan, 35
*14
A.D.3d 306 (1st Dep't 2006); Wasserman v. Gordon, 24 A.D.3d 201, 202 (1st Dep't 2005); 390 W. End Assoc. v. Zouker, 302 A.D.2d 227, 228 (1st Dep't 2003); Davis v. Waterside Hous. Co., 274 A.D.2d at 319.

No authority, however, supports the dismissal or stay of a court action until an administrative proceeding resolves the issues raised, except in the following circumstances. (1) The legislature specifically has conferred exclusive, rather than primary, jurisdiction on the administrative agency to resolve the issues in the first instance. Sohn v. Calderon, 78 N.Y.2d at 766-67; Wong v. Gouverneur Gardens Hous. Corp., 308 A.D.2d at 304-305 & n.*; Vazquez v. Sichel, 12 Misc. 3d 604, 607 (Civ. Ct. N.Y. Co. 2005). See Capers v. Giuliani, 253 A.D.2d 630, 632-33 (1st Dep't 1998); County Dollar Corp. v. Douglas, 160 A.D.2d 537, 538 (1st Dep't 1990); Pocantico Home & Land Co., LLC v. Union Free School Dist. of Tarrytowns, 20 A.D.3d 458, 461-62 (2d Dep't 2005). (2) Plaintiffs seek referral to the agency for resolution of their claims. Crimmins v. Handler & Co., 249 A.D.2d 89, 91 (1st Dep't 1998). See Missry v. Ehrlich, 1 Misc. 3d 723, 731 (Civ. Ct. N.Y. Co. 2003). (3) An administrative proceeding relating to the issues preceded the court action or still is pending. Wong v. Gouverneur Gardens Hous. Corp., 308 A.D.2d at 302, 305; Davis v. Waterside Hous. Co., 274 A.D.2d at
*15
319; Nasaw v. Jemrock Realty Co., 225 A.D.2d at 386. See Acosta v. Loews Corp., 276 A.D.2d at 218; Missry v. Ehrlich, 1 Misc. 3d at 731. Defendant does not contend that any of these circumstances pertains here.

Without such a proceeding previously or currently pending, none of the factors that militate in favor of DHCR's primary jurisdiction carries any force. No coordination between the court action and DHCR's proceeding is necessary. There is no risk of inconsistent dispositions, nor will any DHCR determinations be forthcoming to inform the court. Wong v. Gouverneur Gardens Hous. Corp., 308 A.D.2d at 303; Davis v. Waterside Hous. Co., 274 A.D.2d at 318-19; Missionary Sisters of the Sacred Heart v. Meer, 131 A.D.2d 393, 395 (1st Dep't 1987); Vazquez v. Sichel, 12 Misc. 3d at 611. See Capital Tel. Co. v. Pattersonville Tel. Co., 56 N.Y.2d at 22; Heller v. Coca-Cola Co., 230 A.D.2d 768, 770 (2d Dep't 1996).

B. DHCR's Limited Authority

DHCR's province is to administer the requirements embodied in the Rent Stabilization Law and Rent Control Law. While those statutes may leave room for DHCR's interpretation through implementing regulations, its interpretation of statutes the agency is charged with implementing "is entitled to varying degrees of judicial deference depending on the extent to which
*16
the interpretation relies on the special competence the agency is presumed to have developed" in administering the statutes. Rosen v. Public Employment Relations Bd., 72 N.Y. 2d 42, 47 (1988).

Here, Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, has interpreted the statutory requirements at issue and left no room for DHCR's variance from those strictures. The Court of Appeals found not only that DHCR's interpretation of those statutory requirements was at variance from those strictures, but also that interpretation of those statutory requirements:

does not call upon us to interpret a statute where "specialized knowledge and understanding of underlying operational practices or…an evaluation of factual data and inferences to be drawn therefrom" is at stake such that we should defer to the administrative agency's interpretation.

Id. at 285 (quoting KSLM-Columbus Apts., Inc. v. New York State Div. of Hous. & Community Renewal, 5 N.Y.3d 303, 312 (2005)). Where the issue requires accurate reading and analysis of statutes and apprehension of legislative intent, there is no basis for reliance on an administrative agency's expertise. Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86. "Application of statutory…standards and determination of whether they have been followed are regularly within the court's province." Vazquez v. Sichel, 12 Misc. 3d at 612 (citing
*17
Missionary Sisters of the Sacred Heart v. Meer, 131 A.D.2d at 395-96; State of New York v. Winter, 121 A.D.2d 287, 289 (1st Dep't 1986)).

In many instances the court would act within its discretion whether the court were to recognize DHCR's primary jurisdiction or to exercise its concurrent jurisdiction. In this precise situation, however, the court, specifically and definitively, is unauthorized to allocate primary jurisdiction to DHCR. Gerard v. Clermont York Assoc., LLC, 81 A.D.3d 497, 498 (1st Dep't 2011). To apply the doctrine of primary jurisdiction to "legal issues left open after the Court of Appeals' decision in Roberts v. Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]), including whether the decision is to be applied retroactively," would be an abuse of discretion. Gerard v. Clermont York Assoc., LLC, 81 A.D.3d 497.

The absence of such discretion or authority stems from the undeniable reality that DHCR is in fact without the expertise and not well suited to determine the broadly applicable determinations defendant readily acknowledges this action demands. As outlined, they include the retroactive effect of Roberts v. Tishman Speyer Props., L.P., 13 N.Y.3d at 285-86, application of the governing statute of limitations to the accrual of plaintiffs' claims, the lawfulness of decontrol in
*18
proportion to a reduction in J-51 tax benefits, the preclusive effect of prior judicial or DHCR decisions, class certification, and grounds for relief beyond the Rent Stabilization Law and Rent Control Law. "It is the courts, not the Division of Housing and Community Renewal, that should address these issues in the first instance." Gerard v. Clermont York Assoc., LLC, 81 A.D.3d at 497-98.

C. The Issues to Be Determined Exclusively by the Court

On defendant's focal issue of retroactivity, the extent to which the Court of Appeals' statutory interpretation was foreshadowed and to which its retroactive application will produce inequity are not within DHCR's particular field of expertise. Nor does DHCR determine which statute of limitations applies to claims. DHCR applies only two: the four years applicable to overcharge claims for rent stabilized units, set by C.P.L.R. §213-a and Administrative Code §26-516(a), and the two years for rent controlled units, set by Administrative Code §26-413(d)(2). Hicks v. New York State Div. of Hous. & Community Renewal, 75 A.D.3d 127, 132-33 (1st Dep't 2010). DHCR does not determine circumstances under which tenants may not claim four years retroactively, as defendant may urge here, or under which tenants may claim more than four years retroactively, as plaintiffs may urge here, particularly as to their claims for
*19
promissory estoppel and contract reformation. C.P.L.R. §213.

Insofar as defendant's decontrol of apartments in proportion to a reduction in J-51 tax benefits involves defendant's waiver of J-51 benefits, the legality of such a unilateral waiver and its effectiveness to terminate rent regulated status is for the court to determine. State of New York v. Fashion Place Assoc., 224 A.D.2d 280, 281-82 (1st Dep't 1996); Independence Plaza N. Tenants' Assn. v. Independence Plaza Assoc., LP, 29 Misc. 3d at 882. In fact defendant has suggested a more far reaching waiver: refunding all the J-51 tax benefits received and continuing as deregulated all apartments that would have reverted to a regulated status under Administrative Code §§26-403(e)(2)(j) and (e)(2)(k), 26-504.1, and 26-504.2(a), "by virtue of" the benefits received. Insofar as such decontrol depends on prorating or refunding J-51 benefits, that determination is by HPD, which administers the tax benefits. 28 R.C.N.Y. §5.01(a). HPD's regulations specifically prescribe that, "to be eligible to receive tax benefits under the Act and for at least so long as a building is receiving the benefits of the Act,…all dwelling units in buildings…shall be subject to rent regulation," 28 R.C.N.Y. §5.03(f)(1) (emphases added), and that "rent regulation shall not be terminated by the waiver or revocation of tax benefits." 28 R.C.N.Y. §
*20
5.03(f)(3)(ii). See Independence Plaza N. Tenants' Assn. v. Independence Plaza Assoc., LP, 29 Misc. 3d at 875-77.

Defendant makes no showing that DHCR's specialized expertise equips DHCR to usurp these determinations. Were DHCR to permit what HPD prohibits, only the court is empowered to resolve such an inter-agency conflict. Were HPD to permit defendant's "repayment of benefits actually received" and a "retroactive termination of the benefits," the court may determine that defendant's retroactive claim of nonreceipt or HPD's retroactive termination of J-51 benefits "is a mere legal fiction," id. at 880, "based on an impermissible waiver…of benefits that is ineffective, under 28 R.C.N.Y. §5.03(f)(3)(ii), to terminate rent stabilization coverage of plaintiffs' units." Independence Plaza N. Tenants' Assn. v. Independence Plaza Assoc., LP, 29 Misc. 3d at 881. See State of New York v. Fashion Place Assoc., 224 A.D.2d at 281. Insofar as the relief plaintiffs seek involves invalidating prior DHCR proceedings and orders, while DHCR may be empowered to dismiss proceedings before it and vacate its prior orders, plaintiff tenants are entitled to the court's declaration regarding the invalidity of those proceedings or orders and the court's reversal of such agency actions if warranted. Grimm v. State of N.Y. Div. of Hous. & Community Renewal, 15 N.Y.3d 358, 366-67 (2010); Gilman v. New
*21
York State Div. of Hous. & Community Renewal, 99 N.Y.2d 144, 150-51 (2002); Devlin v. New York State Div. of Hous. & Community Renewal, 309 A.D.2d 191, 196 (1st Dep't 2003); Crimmins v. Handler & Co., 249 A.D.2d at 90-91. See Drucker v. Mauro, 30 A.D.3d 37, 39 n.* (1st Dep't 2006); 721 Ninth Ave., LLC v. New York State Div. of Hous. & Community Renewal, 8 A.D.3d 41, 45 (1st Dep't 2004); Futterman v. New York State Div. of Hous. & Community Renewal, 264 A.D.2d 593, 595 (1st Dep't 1999).

Finally, it is undisputed that DHCR is unauthorized to adjudicate claims under statutes that do not pertain specifically to rent stabilization or control or claims under the common law, including plaintiffs' deceptive business practices, promissory estoppel, and contract reformation claims. While DHCR must consider equitable factors when establishing the regulated rent, this authority is tightly circumscribed. 9 N.Y.C.R.R. §§2202.22(b), 2522.7. It provides not for equitable relief, but only for balancing equitable factors in arriving at monetary relief: the very "types of factors courts regularly weigh" in exercising monetary or equitable jurisdiction, but hardly comparable to the court's powers to adjudicate and grant plaintiffs' claims for equitable relief. Vazquez v. Sichel, 12 Misc. 3d at 610. See Nasaw v. Jemrock Realty Co., 225 A.D.2d at
*22
386. Thus, even if plaintiffs' claims for rent overcharges under the Rent Stabilization Law or Rent Control Law were remanded to DHCR and decided against plaintiffs, their other claims would remain for the court to decide. See Batas v. Prudential Ins. Co. of Am., 281 A.D.2d 260, 261 (1st Dep't 2001).

Similarly, it is undisputed that DHCR is unauthorized to decide whether to certify a class, determine its parameters, or adjudicate plaintiffs' claims for classwide relief. C.P.L.R. §905. See 9 N.Y.C.R.R. §§2207.1, 2207.5, 2207.6, 2526.1, 2527.1. Even if DHCR were to address the named plaintiffs' claims, their co-tenants would be without redress unless they commenced their own actions. Although defendant may claim a class action is unnecessary, the need for a class action is the court's and not DHCR's determination.

D. The Issues to Be Determined by the Court or DHCR

Denying defendant's current motion to dismiss or stay the action does not mean that the court, having set the parameters of retroactivity, the statute of limitations, the lawfulness of decontrol in proportion to a reduction in tax benefits, and the preclusive effect of prior judicial or DHCR decisions, might not then remand the action to DHCR. In deciding these issues, the court may determine whether each apartment included in these
*23
actions was subject to rent stabilization or control over a past period. Plaintiff tenants are entitled to the court's determination of their rent regulatory status and whether they have been overcharged for rent. Thornton v. Baron, 5 N.Y.3d 175, 180-81 (2005); Bradbury v. 342 W. 30th St. Corp., __ A.D.3d __, 2011 WL 2119376, at *3; East W. Renovating Co. v. New York State Div. of Hous. & Community Renewal, 16 A.D.3d 166, 167 (1st Dep't 2005); Wolfisch v. Mailman, 182 A.D.2d 533 (1st Dep't 1992). See Rabouin v. Metropolitan Life Ins. Co., 307 A.D.2d 843, 844 (1st Dep't 2003). As a fundamental principle, the Rent Stabilization Law and Rent Control Law expressly prohibit impairment, diminution, or dislocation of those rights. N.Y.C. Admin. Code §26-511(b). More specifically bearing on primary jurisdiction, those determinations "are within the court's conventional expertise" and do not require expertise or resources beyond the court's competence. Vazquez v. Sichel, 12 Misc. 3d at 612. See Madison-Oneida Bd. of Coop. Educ. Servs. v. Mills, 4 N.Y.3d 51, 59 (2004); Missionary Sisters of Sacred Heart v. Meer, 131 A.D.2d at 395-96; Roker Realty Corp. v. Gross, 163 Misc. 2d at 767-68.

Yet for each apartment returned to a prior regulated status, it then may be necessary to determine the initial regulated rent to which the rent level must be restored and when, annual
*24
increases, and increases based on major capital improvements or on individual apartment improvements. Once the court makes the first category of more broadly applicable determinations, for which an administrative agency is not well suited, the agency may be more suited to the second category of determinations on the measure of damages to each plaintiff, by reconstructing the base rent and allowable rent increases specific to individual units. Wasserman v. Gordon, 24 A.D.3d at 202; 390 W. End Assoc. v. Zouker, 302 A.D.2d at 227-28; Nezry v. Haven Ave. Owner LLC, 28 Misc. 3d 1226, 2010 WL 3338545, at *3-4. At this juncture, however, dismissal or even a stay of these actions is impermissible and, at best, premature. Gerard v. Clermont York Assoc., LLC, 81 A.D.3d at 497-98.
VI. CONCLUSION

For the foregoing reasons, the court denies defendant's motions to dismiss or stay these actions. C.P.L.R. §§2201, 3211(a).

N.A.A.C.P. B.B.Q.

2011-06-15T14:24:00.004-04:00

BBQ BLAST!
Don't forget the N.A.A.C.P. Mid-Manhattan Branch's annual B.B.Q. is to-night, 15th June, 2011, at 7 o'clock P.M. at the Branch, 270 West 96th Street (betw. B'way & W.E.A.), Manhattan.
Be there! Come hungry!

Thee Flacks Report [10 June 2011]

2011-06-12T20:01:00.008-04:00

Judicial Pay Panel---Joan O'Dwyer---Post's Lawsuit to Proceed---What's This?
* * * * * * * * * *
Cuomo Appointments Finalize Judicial Pay Panel
By Joel Stashenko, New York Law Journal, June 13, 2011

Governor Andrew M. Cuomo rounded out the membership of a commission that will consider possible adjustments in state judges' salaries over the next four years. Mr. Cuomo named William C. Thompson Jr., the ex-comptroller of New York City, as chairman of the Judicial Compensation Commission. He is currently chief administrative officer and senior managing director at Siebert Brandford Shank & Co.

Mr. Cuomo also named two other representatives on the seven-member compensation board: Richard Cotton, the general counsel of NBC-Universal, and William Mulrow, a senior managing director at Blackstone. The governor's appointments complete the make-up of a pay panel, which was authorized last year.

Other members of the pay commission are Robert Fiske Jr. of Davis Polk & Wardwell; Kathryn S. Wylde, president of the Partnership of New York City; Mark S. Hulholland of Ruskin Moscou Faltischek; and James Tallon, former Assembly majority leader and current member of the Board of Regents. They were appointed, respectively, by Chief Judge Jonathan Lippman; Senate Majority Leader Dean Skelos, R-Rockville Centre; and Assembly Speaker Sheldon Silver, D-Manhattan.

====================================

Joan O'Dwyer (9/26/1926 - 6/6/2011)

Joan O'Dwyer, the first woman appointed as a Criminal Court judge in Queens, died on June 6th, 2011. Ms. O'Dwyer's judicial service career spanned 50 years, beginning in 1959 as a New York City Municipal Court judge. In 1960, she was appointed to Criminal Court, where she sat until she was named an Acting Supreme Court Justice in 1980. In 1985, Governor Mario Cuomo tapped Ms. O'Dwyer for the Court of Claims, where she remained until her retirement in 1996. A graduate of Columbia Law School, Ms. O'Dwyer was one of 12 women in her class of 200. She was admitted to the bar in 1950 and earned her B.A. from Beaver College in 1947. Ms. O'Dwyer was married to Anthony P. Savarese, the former Supreme Court justice and assemblyman from Queens, who died in 2002. Her daughter, Kelly O'Neill Levy, is a New York City Civil Court judge sitting in Bronx Family Court. Other survivors include sons Shane and Liam, and 5 grandchildren.

===================================

New York Post's Bid to Depose Judges in Libel Suit Upheld
By Daniel Wise, New York Law Journal, Monday, May 16, 2011

Over the objections of the state court system, eight judges, including Chief Administrative Judge Ann Pfau, have been ordered to answer questions under oath regarding the truth of articles in the Post, which reported in October, 2005, that Brooklyn Justice Francois A. Rivera was under investigation for allegedly paying $50,000 to buy a Democratic nomination to the Supreme Court, and the extent of injury the articles caused to Justice Rivera's reputation.

==========================================
What's This?

Published on The Smirking Chimp (http://www.smirkingchimp.com)

Tell Judge Restrepo He Needs to Go Back and Study His Constitution By Dave Lindorff, June 10, 2011

Federal Judge Filipe Restrepo, a man with a solid history as a defender of civil liberties and civil rights, and a defense attorney by training and private practice experience, seems sadly to have gotten a bit thin-skinned after donning the robes of a federal judge.

As my colleague Linn Washington wrote earlier this week, the judge lost it when Hampton Coleman had the effrontery to write a 28-word letter to Restrepo questioning the judge's integrity and his commitment to "blind justice," and warning that "we the people" would be "watching and listening very carefully" to the judge.

In response to that angry but innocuous letter, Judge Restrepo dispatched two members of the US Federal Marshals Service to make an early morning visit to Coleman, where they reportedly accused him of sending a "threatening" letter and warned him not to send any more. (As Washington recounts, when Coleman asked the marshals about his First Amendment rights, they told him the Constitution was "an old document" and that it was "irrelevant."

I would argue when a federal judge thinks that receiving a letter from a citizen telling him to honor the Constitution and warning him that the public will be "watching and listening" to his actions in court constitutes a possible criminal act that calls for a threatening home visit by US Marshals, that judge has himself become a threat to a free society.

Interestingly, another of my colleagues here at ThisCantBeHappening!, John Grant, says that a PDF file put out by Judge Restrepo's own office says that "Judge Restrepo permits correspondence with the Court on all matters."

Fair enough! I am calling for our readers here at ThisCantBeHappening! to take him up on that invitation, and to let the judge know in no uncertain terms that it's not just Hampton Coleman who is going to be watching and listening to his actions and decisions on the federal bench here in Philadelphia.

So please, if you feel that this behavior by Judge Restrepo was an outrage, send him a letter too....

For the rest of this article and call to action by DAVE LINDORFF in ThisCantBeHappening!, the new independent alternative online newspaper, please go to: http://www.thiscantbehappening.net/node/651

**********************************************
Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34

Some Non-Political Events

2011-06-09T02:26:00.009-04:00

Joan O'Dwyer Funeral---Mermaid Parade---Swedish Mid-summer Fest
* * * * * * * *
Joan O'Dwyer Obituary

Joan O'Dwyer, mother of N.Y.C. Civil Court Judge Kelly O'Neill Levy, died Monday, 6th June, 2011. The funeral will be this coming Friday, the tenth inst., at 10 A.M. at the Holy Trinity R.C. Church, 213 West 82nd Str., Manhattan. Notes of condolence may be sent to Judge O'Neill Levy at 322 Central Park West, N.Y.C. 10025.

Judge O'Dwyer began her long judicial career on the N.Y.C. Municipal Court in 1959, appointed by Mayor Wagner, and retired as a State Court of Claims judge. Subsequently, she continued her service to the public as a J.H.O.

O'DWYER--Joan Hon. on June 6, 2011. Gave New York 50 years of Judicial service. Loving wife of the late Hon. Anthony P. Savarese. Devoted mother of Shane O'Neil, his wife Karen Frieman, Liam O'Neil, his wife June Ma, Kelly O'Neil Levy and her husband Harlan Levy. Cherished grandmother of Jamie, Max, Gavin, Caitlin and Emily. Family will receive friends on Wednesday and Thursday from 3-8pm at Frank E. Campbell, 1076 Madison Ave at 81st St. Mass of Christian burial, Friday 10am at Holy Trinity R.C. Church, 213 West 82nd Street.
Published in The New York Times on June 8, 2011
=================================
Coney Island's Decadent Mermaid Parade

It's almost time for this year's Mermaid Parade, the annual elebration of sea lore, kitsch, and well-positioned pasties. This year's King Neptune and Queen Mermaid have already been crowned, and they're a far cry from last year's Lou Reed and Laurie Anderson.

Taking up the trident will be Brooklyn-born Man v. Food host Adam Richman, a man described by Alton Brown as "disgusting" and "an embarrassment." Joining him on the thoroughfare will be NBC New York's "Talk Stoop" host Cat Greenleaf. Hooray?

Hopefully the floats, antique cars, marching bands, bikinis, lack of bikinis, hotdogs, glitter, facepaint, tridents, ice cream cones, tropical birds, wigs, feathers, seashells, contraband booze, beads and boobs will provide enough other entertainment to keep the hordes satisfied. This year's parade is Saturday, June 18, starting at 2 p.m at West 21st Street and Surf Avenue, Coney Island.

June 6, 2011 / Brooklyn News
This year, King Neptune needs a diet!
By Alex Rush, The Brooklyn Paper
Photo by Paul Martinka
Here's a typical Mermaid Parade scene.

At this Coney Island parade, it’s merman versus food.

The king of the 29th annual Mermaid Parade, a nautical-themed costume party along Surf Avenue, is none other than the Brooklyn-born star of “Man v. Food,” Adam Richman.

Richman and his Queen Mermaid, NBC New York personality Cat Greenleaf, will lead the People’s Playground procession that celebrates the beginning of summer.

“I’m thrilled that two television personalities are leading the parade this year,” said parade founder Dick Zigun, whose jaunty jaunt has previously made King Neptunes out of actor Harvey Keitel, Talking Heads frontman David Byrne, musician Moby, gravel-voiced and -personalitied singer Lou Reed, and late local legend Rabbi Abraham Abraham.

But the Mermaid Parade is more than just a celebrity showcase. It’s an afternoon-long festival featuring marching bands, antique cars and near-naked sea nymphs covered by only body paint and maybe clam shell bikinis for the more conservative participants. The most eye-popping costumes receive awards like “Best Mermaid.”
And when we say “Best” costume, we really mean “least costume.”

“It’s our Mardi Gras,” Zigun said.

But this New York holiday often has a political twist. For instance, last year some marchers tried to spread awareness about the environmental crisis in the Gulf of Mexico with signs like “F—k You BP, Save the Mermaids.” And in 2009 some protested Mayor Bloomberg’s Coney rezoning plan to turn the neighborhood into a year-round tourist destination with amusement parks, shopping and hotels.

“You never know what’s going to happen, but I think this year there will be a patriotic spirit because of the death of Osama bin Laden,” said Sideshow performer Stephanie “Serpentina” Torres, who says this year she’ll dress as a “military superhero with a nautical twist.”

After the parade, performers and spectators can congregate at the after-party at the Aquarium’s 1,000-seat amphitheater. The extravaganza will feature a sea lion show, synchronized swimmers and performances by both burlesque and kitschy carnie acts.

Mermaid Parade [starts at W. 21st Street and Surf Avenue in Coney Island, (718) 372-5101], June 18 at 2 pm. For info, visit www.coneyisland.com; Mermaid Parade Ball at the New York Aquarium [602 Surf Ave. near W. Eighth Street in Coney Island, (718) 264-3474], June 18 at 7 pm. Tickets $25. For info, visit www.coneyisland.com.

©2011 Community Newspaper Group
==================================
Midsummer Festival
Midsummr. Photo: © Jörgen Bennicke/LINKImage
On Friday, June 24, the annual Swedish Midsummer Festival will take place in Battery Park City on the southern tip of Manhattan. At this unique celebration, adults and children come together to picnic in the grass, decorate the midsummer pole, make flower wreaths, play traditional games and dance to authentic fiddle music.

Paul Dahlin and fiddlers from the American Swedish Institute in Minneapolis, Barnklubben Elsa Rix, and the Swedish Folkdancers of New York will provide traditional music and folk dancing. Gunnar and Lena Iggendal, leaders of the Stockholm’s Spelmanslag, will also join the musicians this year. Master of ceremonies and dance caller is Ross Sutter, professional folk musician and Swedish heritage historian.

Food stands will offer delicacies from some of New York's finest Swedish restaurants, including White Slab Palace, AQ Café and Smörgås Chef. Another confirmed restaurant is Gigino’s in Wagner Park.

The Swedish Midsummer Festival is presented by Battery Park City Parks Conservancy and co-hosted by the Consulate General of Sweden in New York. Sponsors include Ambassador and Mrs. Lyndon L. Olson Jr., Handelsbanken, The Heimbold Foundation, Investor AB, POLARN O. PYRET, SAS, SEB, Skanska, Swedish Match and Volvo Group North America.

Midsummer Celebration
Friday, June 24, 5-8 pm
Robert F. Wagner Park
Battery Park City in Lower Manhattan -- Rain or shine

**********************************************
Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34

June Bugs

2011-06-04T16:20:00.013-04:00

SELECTED EVENTS
[Events which request a contribution are indicated by a dollar sign.]
* * * * * * * * * *
4th June, 2011, Saturday. To 11 P.M. Brooklyn Museum of Art's First Saturday Night. IRT subway line to Eastern Parkway/Brooklyn Museum. See:
http://www.brooklynmuseum.org/

Seen at last month's event: Leslie d'Auguste (Lex. Dems.) and Judge James and their daughter Jean; Esther Yang (Tilden) and daughter Grace; Judy Richheimer (Chelsea Dems.), LeAnn Sue Leutner (Community Free Dems.) and son Brennan Maggio and Jonathan Sporn. Alex Tisch (Lex. Dems.) comes sometimes.

Robert Botfeld

7th June, 2011, Tuesday. First day of petitioning.

9th June, 2011, Thursday, 6 P.M. to 8 P.M. Jerry L. Nadler fund-raiser. Le Parker Meridian penthouse, 119 West 56th Str. (betw. 6th & 7th Aves.), Manh. R.s.v.p. to Mary Bruch at (212) EL 2 - 03.70. $

9th June, 2011, Thursday, 6 P.M. to 8 P.M. Micah Kellner fund-raiser. Chez Minard, 133 East 62nd Str. (betw. Park & Lex. Aves.), Manh. Info.: (212) CAnal 8 - 52.22. $

10th June, 2011, Friday, at 10 A.M. Funeral mass for Joan O'Dwyer, mother of Judge Kelly O'Neill Levy. Holy Trinity R.C. Church, 213 West 82nd Str. (betw. Amst. Ave. & B'way), Manh.

14th June, 2011, Tuesday. 8 A.M. Forum on politics and corruption by Joel Cohen and Jerry H. Goldfeder. Stroock, Stroock, & Lavan, 180 Maiden La., Manh.
Repondéz s'il vous plaît to Yolanda Cintron at (212) 806+57.41 or E-mail to: ycintron@stroock.com

Speakers: Daniel R. Alonso, Chief Assistant District Attorney, NY County, Omar Ashmawy, Staff Director and Chief Counsel, Office of Congressional Ethics, United States House of Representatives and Mitra Hormozi, Chair, N.Y. State Commission on Public Integrity to address issues of concern to all those in public life — and those of us who represent them. Sam Roberts of the The New York Times and NY1 and Joel Cohen, former prosecutor and Partner at Stroock, will lead the discussion. Moderated by Jerry Goldfeder.

14th June, 2011, Tuesday is Flag Day. Parade at noon from the bottom of City Hall Park down Broadway to Fraunces Tavern.

15th June, 2011, Wednesday starting at 7:30 P.M. Attention: All judge candidates. The screening committee of the Jim Owles Dem. Club to interview all judicial candidates. 450 W. 17th Str. (betw. 9th & 10th Aves.), 14th fl. conf. rm. To schedule an appt., E-mail Allen Roskoff, pres., at:
aroskoff@mac.com

18th June, 2011, Saturday. The decadent Coney Island Mermaid Parade. For information, go to:
http://www.coneyisland.com/ mermaid.shtml
Mermaids and Mermen in various stages of undress save the totally-clothed--thankfully-- Bklyn. B.P.

22nd June, 2011, Wednesday. 6 P.M. The N.Y. County Regular Democratic organization's judiciary committee meets to finalize the choices of groups to be asked to designate a panelist to the Party's Supreme Court screening panel. If you are concerned about the making of judges, be sure to attend. (National Party rules require that these meetings be open to the public.)
The meeting will be held at the NEW County H.Q., 108 West 39th Str., Suite #1201. Be there.

24 June, 2011, Friday after work. Swedish Mid-Summer Festival at the Battery (Wagner Park). See:
http://www.swedenabroad.com/News____13053.aspx?slaveid=122776
________________________________

This information is supplied as a public service, and does not necessarily comprise 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.

Regulars to Endorse for Manh. Civil Court Judgeship

2011-05-17T04:50:00.006-04:00

The Regular New York County Democratic Organization Executive Committee (which is comprised of all the Party's district leaders) is going to endorse a candidate for Manhattan's Civil Court for an existing vacancy. This meeting, which is open to the public, shall be held this coming Thursday evening, 19th May, 2011, at 6 P.M. at the R.W.D.S.U. labor union headquarters, 30 East 29th Street (5th floor), Manhattan.

If you are concerned about the selection of judicial candidates, you should be there! You will also be able to see how your district leaders represent you. You can ponder the question of how much control of the picking of judges we should allow party bosses to have and whether there has been a back-sliding in the removal of political influence in the selection of the judiciary.

El Cinco de Mayo, 2011

2011-05-10T11:18:00.005-04:00

The Flacks Report
Organization's 5th Civil Court District Boss-Controlled "Panel"---Missing Event---Washington Press Club---Condolences---Early Vote for Judicial Delegate

*************************************************

Organization's 5th Civil Court District Boss-Controlled "Panel"

The Regular Organization Party district leaders set up their own secret "screening panel" for a vacancy in the Manhattan 5th Civil Court District. The panel members' names were kept secret, but your correspondent stumbled upon a crumpled piece of paper in the street outside Marc Landis's home which had their names (see below). We'll have more about this return to boss-control at a later date.

What is highly unusual is that the panel's administrator is none other than the just-retired judge Karen Smith for whom the panel are to suggest a replacement. How she affects the panel is the big question. And what is all the more outrageous is that we understand that she has been doing most of the questioning of the applicants!

Here, in no particular order, are those secret panelists: Monalisa Morales, Marti Weithman, Carmen Ithier, Sherry Plotnick, Tom Capers, Lana Woods, Martha Rayner, Heydee Rosario, and Ana Pumarol.

********************

Missing Event

A few have asked why the Chelsea "Reform" Dem. Club's fund-raiser last weekend wasn't listed in the Calendar of Selected (Manhattan) Events. Because they didn't want to be listed. We were told that the fund-raiser "was only for members and public officials." What?

********************

Washington, D.C., Press Club

White House Correspondents Dinner: Obama & Meyers--enjoy! Link to:

http://www.youtube.com/watch?v=n9mzJhvC-8E

http://www.youtube.com/watch?v=7YGITlxfT6s&feature=relmfu

********************
Condolences

For Manhattan-ites who may not have heard, Kings County Supreme Court Justice Gustin and Mrs. Reichbach recently lost their daughter Hope, age twenty-two. Notes of condolence may be sent to them at 148 Bond St., Brooklyn, N.Y. 11217.

**********************

Early Vote for Judicial Delegate

In Manhattan, the Three Parks Ind. Democrats had an early vote to select their candidates for delegate to the Party's judicial convention in September. Of ninety-four valid ballots cast, the vote was:

Delegates:
Alan Flacks………………..073
Theresa Canter…………...050
Milivoy Samurovich……….047
Corine Petty………………046

Alternate Delegates:
Elizabeth Kellner………….044
Marie Lunn………………..034
Bruce Markens……………028
Stephanie Tegnazian……..023

*************************************************
Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.

Bring May Flowers

2011-04-30T03:57:00.025-04:00

SELECTED EVENTS
[Events which request a contribution are indicated by a dollar sign.]
* * * * * * * * * * * * * *
1st May, 2011, Super Sunday. Choose Wisely.

It's May Day. Also Law Day featuring John Adams, our Nation's first lawyer-President.

Three Parks Independent Democrats, Inc.
1 P.M. to 4 P.M.
Cafe Frida, 768 Amsterdam Ave. (betw. 97th & 98th Sts.)
Info.: (212) UNiversity 6 - 63.78. $

Eleanor Roosevelt Democratic Club
1 P.M. to 4 P.M.
The Yale Club, 50 Vanderbilt Ave. (across from G.C.T.)
Info.: (212) MUrray Hill 7 - 68.74. $

Gramercy-Stuyvesant Independent Democrats
1 P.M. to 5 P.M.
Capucine's, 327 Second Ave. (@ E. 19th Street)
Info.: ORegon 3 - 83.16. $

Downtown Independent Democrats
3 P.M. to 6 P.M.
125 Greene Street - Chez Sweeney #5 (betw. Houston & Prince Sts.)
Info.: (212) 460+88.44. $

Broadway Democrats
3 P.M. to 6 P.M.
Campo, 2888 Broadway (betw. 112th & 113th Sts.)
Info.: (917) 757+60.58. $ [not a contribution, but a straight, taxable admission]

Ansonia Independent Democrats
7:30 P.M. to 9:30 P.M.
Josephina's, 1900 Broadway (betw. 63rd & 64th Sts.)
Info.: (212) SChuyler 4 - 91.96. $
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4th May, 2011, Wednesday 6:30 P.M. to 8 P.M. Fund-raiser for Eric Tradd Schneiderman. The Plaza - Edwardian Room, 770 Fifth Avenue (enter on W. 58th Str.). Info.: (212) 238+32.70. $

4th May, 2011, Wednesday, 6:30 P.M. to 8:30 P.M. Fund-raiser for Scott Stringer. Taj Lounge, 48 West 21st Str. (betw. 5th & 6th Aves.). Info.: (212) DIgby 9 - 20.13. $

5to de Mayo, 2011, el jueves desde las 6 de la tarde hasta las 8 de la noche. El <Concerned Democratic Coalition> se celebrara El Cinco de Mayo. Malcolm X Center, 3940 B'way, esq. de la calle 165 oeste. Info., llame a 212+567+55.87. $

5th May, 2011, Thursday, 6 P.M.-on. Gay & Lesbian Ind. Dems. fund-raiser. Brazilian Platforma restaurant, 316 West 49th Str. in Hell's Kithen. $

7th May, 2011, Saturday, 5 P.M. until 11 P.M. Brooklyn Museum of Art's First Saturday Night. Info.: Link to:
http://www.brooklynmuseum.org/visit/first_saturdays.php
Cynthia Doty

11th May, 2011, Wednesday, 8:30 A.M. Breakfast with State Comptroller Thomas DiNapoli. Stroock, Stroock, & Lavan; 180 Maiden La., 38th fl. conference rm. Info.: Must call Margaret Provenzano at (212) 806+57.53.

12th May, 2011, Thursday, at 6 P.M. Asian-American Bar Assn. programme on Asian-American jurists. N.Y.C.L.A. , 14 Vesey Str. (betw. B'way & Church Str.).

12th May, 2011, Thursday, 6 to 9 P.M. Village Independent Democrats, Inc., fund-raiser. Village Lobster & Crab House, 225 Varick Str. @ Clarkson Str. (n. of Houston Str.). Info.: (212) 741+29.94. $

12th May, 2011, Thursday, 7 P.M. to 9 P.M. Lenox Hill Democratic Club fund-raiser at The Players, 16 Gramercy Park South (E. 20th Str., east of Park Ave.). Info.: (917) 331+61.90. $

15th May, 2011, Sunday. Lower Manh. Dems., 176 B'way - Apt. #14B $

15th May, 2011, Sunday, 8 P.M. to 11 P.M. Jim Owles Dem. Club fund-raiser at Elmo Restaurant, 156 Seventh Ave. (betw. 19th & 20th Sts). Info.: (212) 741+36.77. $

16th May, 2011, Monday, 4 P.M. to 8 P.M. Joint open house of City Councilwoman Gale Brewer and State Senator Adriano Espaillat at the district office, 563 Columbus Ave. (at W. 87th Str.). Info.: (212) TRafalgar 3 - 02.82.

17th May, 2011, Tuesday, 8:30 A.M. to 10 A.M. Cyrus Vance fund-raiser. Sheraton New York, 811 Seventh Ave. (W. 53rd Str.). Info.: Katrina Pence at (212) 486+01.94. $

19th May, 2011, Thursday. Stonewall Democratic Club fund-raiser. $

22nd May, 2011, Sunday, 3 to 6 P.M. Audubon Dem. Club fund-raiser. Chez Rothschild, 800 Riverside Dr. (Apt. #1-J) @ W. 158th Str. $

23rd May, 2011, Monday, 8 A.M. to 10 A.M. Carolyn Maloney fund-raiser. The Roosevelt Hotel, 45 East 45th Street (off Mad. Ave.). Info.: Jamie Ansorge at (212) 987+55.16. $

26th May, 2011, Thursday, at 5 o'clock P.M. N.Y.C.L.A. Annual Meeting. St. Paul's Church, Broadway & Vesey Street.

26th May, 2011, Thursday, 6:30 P.M. to 8 P.M. New York Civic presents "Cleaning Up Corruption--Politics & Ethics in N.Y.C." N.Y.C. Department of Investigation Commissioner Rose Gill Hearn, Assemblymember Micah Kellner, Huffington Post N.Y.C. editor Dan Collins, and more special guests for a substantive exploration of the ethics reform debate currently raging in Albany and a discussion of what conduct we should realistically and ideally expect from our elected officials in New York City and New York State.
Calvary Baptist Church, 123 W. 57th Str., Manh. Info.: (212) LOngacre 4 - 44.41.
____________________________________________

This information is supplied as a public service, and does not necessarily comprise 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.

The Flacks Report [4/24/11]

2011-04-25T06:26:00.016-04:00

Necrology---Sandra Day O'Connor---103-yr Old District Court Judge---Bad News for Tenants
* * * * * * * * * *
Necrology

Eve Markewich's father, Robert, died Saturday, 23rd April, 2011. The funeral is this Tuesday, 26th inst., at the Plaza Memorial Chapel, 630 Amsterdam Ave. @ W. 91st Street, at 9:30 A.M.
javascript:void(0)
Has Justice Sandra Day O'Connor Over-Stepped Her Bounds?

http://news.yahoo.com/s/ap/us_justice_o_connor_ethics

103-Year Old Federal District Court Judge Still Active

http://news.yahoo.com/s/ap/us_old_judge

Bad News for Rent Stabilized Tenants

In June 2008 and June 2009, the Rent Guidelines Board (RGB) authorized rent increases on the City's one million rent-stabilized apartments. They also took the unusual and controversial step of authorizing supplemental increases
on tenants who've lived in their apartments for more than six years and pay less than $1,000 in rent.
Believing the board had exceeded its authority in doing so, several tenants filed a suit challenging the legality of the 2008 and 2009 supplemental increases. In January 2010, the NYS Supreme Court ruled that RGB did not have the authority to
impose the extra rent charge for long-term tenants, and on June 22, 2010, the Appellate Division affirmed that ruling.
Unfortunately, on March 24th the State's highest court, the Court of Appeals, reversed that decision. See:

http://www.nycourts.gov/ctapps/Decisions/2011/Mar11/32opn11.pdf

April Showers (Events)

2011-04-25T00:27:00.015-04:00

SELECTED EVENTS
[Events which request a contribution are indicated by a dollar sign.]
* * * * * * * * * * *
2nd April, 2011, Saturday, 5 P.M. until 11 P.M. Brooklyn Museum of Art First Saturday Night. Link to:
http://www.brooklynmuseum.org/
Judy Wood

4th April, 2011, Monday, 6 P.M. Edith Spivak award reception to Kathy Tolbert of Barnard College. N.Y.C.L.A., 14 Vesey Str. (betw. B'way & Church Str.).

10th April, 2011, Sunday, from 1 o'clock P.M. to 4 P.M. Community Free Democrats, Inc. fund-raiser. Bella Luna restaurant, 584 Columbus Ave. (betw. 88th & 89th Sts.). $

13th April. 2011, Wednesday, 7 to 9 P.M. N.Y. Dem. Lawyers Council fund-raiser. Guest: A.G. Eric Tradd Schneiderman. Dewey & LeBoeuf, 1301 Sixth Ave. Info.: (212) SA-5-88.25. $

14th April. 2011, Thursday. U.D.O. fund-raiser. $

15th April, 2011, Friday, 8 A.M. City Law breakfast. Speaker: D.C. 37's Lillian Roberts at N.Y. Law School, 185 WEST B'way (betw. Worth & Leonard Sts.).

20th April, 2011, Wednesday at 8 A.M. City Hall News breakfast forum on "Affordable Housing." Toronto Dominion Bank, 317 Mad. Ave. @ E. 42nd Str.

26th April, 2011, Tuesday, 5:30 P.M. - 6:45 P.M. Billy Sternberg's work-in-progress film on the infamous disappearance of Judge Joseph Force Crater and possible connexion with Billy's grandfather, Dem. Party Assy. Dist. Ldr. Maurice Bloch's death. Ottendorfer branch of the N.Y.P.L., N.W. cor. 2nd Ave. & St. Mark's Pl.

26th April, 2011, Tuesday, 6 P.M. Charles Evans Hughes lecture. Speaker: Denny Chin, 2nd Cir. C. of A. At N.Y.C.L.A., 14 Vesey Str. (betw. B'way & Church Str.).

27th April, 2011, Wednesday, 6 P.M. Nanette Dembitz lecture: "Doing More with Less in N.Y.C. Family Court."
Edwina Richardson-Mendelson, Administrative Judge, New York City Family Courts; Stephanie Gendell, associate executive director for Policy and Public Affairs, Citizens' Committee for Children of New York; David J. Lansner, Esq., founding partner, Lansner Kubitschek Schaffer, and co-chair, New York State Citizen Review Panels for Child Protective Services; John Mattingly, commissioner, Administration for Children's Services; Peter Passidomo, Esq., chief clerk, New York City Family Court; and Tamara Steckler, Esq., attorney-in-charge, Juvenile Rights Practice, The Legal Aid Society
Moderator: Hon. Louise G. Gans, former chair, NYCLA's Family Court and Child Welfare Committee At N.Y.C.L.A., 14, Vesey Str. (betw. B'way & Church Sts.).

28th April, 2011, Thursday, 5:30 P.M. - 6:45 P.M. Reprise of Billy Sternberg's work-in-progress film on the infamous disappearance of Judge Joseph Force Crater and possible connexion with Billy's grandfather Dem. Party Assy. Dist. Ldr. Maurice Bloch's death. Morningside branch of the N.Y.P.L., N.E. cor. B'way & W. 113th Str.

28th April, 2011, Thursday, 6 P.M. Public forum: "The Digital Deluge--Representing On-line Publications."
Three top practitioners in the field of media law, who will share insights and practice tips for representing online publications in the fast-paced and ever-changing digital environment.
Speakers: James Rosenfeld, partner, Davis Wright Tremaine LLP; Rebecca Sanhueza, vice president and deputy general counsel, Time Inc.; and Richard Tofel, general manager, Pro Publica Moderator: Kathleen Conkey, Esq., Law Offices of Kathleen Conkley. At N.Y.C.L.A., 14 Vesey Str. (betw. B'way & Church St.).

28th April, 2011, Thursday, 6 P.M. to 9 P.M. Samuel J. Tilden Democratic Club dinner fund-raiser. Il Cortile restaurant, 125 Mulberry Str. (betw. Hester & Canal Sts.). For information, ring District Leader Louise Dankberg at (212) GRamercy 5 - 53.47. $

28th April, 2011, Thursday, 6:30 P.M. Lexington Democratic Club dinner fund-raiser. The Yale Club, 50 Vanderbilt Ave. @ E. 44th Str. (across from G.C.T.). For info., call either (917) 623+13.39 or (917) 657+81.84. $
______________________________________________

Watch for the up-coming E-mail "Bring May Flowers" and the Super Sunday money-taker fund-raisers.
============================================
This information is supplied as a public service, and does not necessarily comprise 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.

***************************************************
Now is the winter of our fiscal discontent
made glorious summer by this sun of Mario.

The Flacks Report [Mar. '11]

2011-04-24T17:42:00.019-04:00

V.R.D.C. takes the Cake---N.Y.C. Board of Elections Puts Sample Ballots On-line---"Tweeting" in the Commons?---A Brief Encounter with the Vito Lopez Organization---Andrew Stein Sentenced
* * * * * * * * * * * *
V.R.D.C Takes the Cake

The food at the February Village Reform Democratic Club holiday pot-luck pah-tee deserves mention. There were two excellent home-made dishes: perfectly cooked turkeys by Ray Cline and superb pasta al dente piquantly seasoned with garlic by Joanna Saccone. And there was Omega-3 oils provided by the restaurant (delicious broiled salmon).

====================================

Sample Ballots on Line

Prompted by Citizens Union's release of its study of sample ballots practices in New York which found that 27 counties posted sample ballots online prior to Election Day, the Board of Elections in the City of New York passed a motion in December 2010 to put sample ballots online for future elections. The motion also specified that ballots would be provided through the board's online poll site locator, meaning that voters will be able to find their poll sites and ballots by simply entering their addresses for this important reform, which will allow voters to see the design of the ballot in addition to the contests they will vote for prior to Election Day, and avoiding many of the problems seen during the Primary Election in 2010.

=======================================

The Ubiquitous "Tweet"

Your correspondent was reading in the Hansard reports a recent debate on education in the Commons whereupon he found this point of order of one Member objecting to another's "tweeting":

Kevin Brennan: On a point of order, Mr Deputy Speaker. The hon. Member for Cambridge (Dr Huppert) is tweeting from the Chamber right now that the shadow Secretary of State has refused to meet the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), but in fact the shadow Secretary of State has already met him, and is prepared to meet him at any time. Is it in order for a Member, in the course of a debate, to make points about participants in the debate without doing it here so that everyone can hear the point they are making and have an opportunity to rebut it?

Mr Deputy Speaker (Mr Lindsay Hoyle): What I can say is that it is for me to keep order in the Chamber. I am glad that the hon. Gentleman has brought this to my attention, and I am sure that no hon. Member will be tweeting from the Chamber to let people outside know what is going on.

Michael Gove [the Secretary of State]: Thank you, Mr Deputy Speaker. I am grateful to the hon. Gentleman for making his point, but I do not know what it says about my hon. Friend the Member for Brigg and Goole (Andrew Percy) or the right hon. Member for Lewisham, Deptford (Joan Ruddock) that while they were making their interventions,
19 Jan 2011 : Column 885
he thought his own Twitter feed was more intriguing than the points they had to make. However, he is a genial soul and I know they will forgive him everything, as will I.

* * * * * * * * *
An Encounter with the Kings County Dems

Your correspondent had occasion to contact the H.Q. of the Kings County Regular Democratic organization on Court Street (where else?) recently. I asked the young woman there for some information, and she said that she'd get back to me, but when I hadn't heard, I telephoned again, and she told me that she checked me (on the World Wide Web) and saw that I said some bad things about her boss, Vito Lopez, and she wasn't going to give me what I requested (the name of a committee chair). Well, I wonder what the Post and the Daily News have said about Vito. [Actually, I didn't say anything about Lopez, but referred to Gary Tilzer's article about the Kings County Leader.] All in a day's work.

* * * * * * * * * *

N.Y. TIMES / REGION, | March 16, 2011 By C. J. HUGHES

Andrew J. Stein, a fixture in New York politics for a quarter of a century, was sentenced on Tuesday to three years' probation for tax evasion. Link to:

http://www.nytimes.com/2011/03/16/nyregion/16stein.html?emc=eta1

N.Y.C. Board of Elections

2011-03-06T13:53:00.002-05:00

The New York City Board of Elections has been without an executive director for a few months. So far as of this posting, five people have applied for the job and submitted their applications. They are: Vincent Jenkins, Joshua Leinsdorf, Mark Sattinger, Daniel Maio, and Stuart Osnow. Recognize any of them?

Preliminary March, 2011, Events

2011-03-02T02:13:00.011-05:00

SELECTED EVENTS
[Events which request a contribution are indicated by $.]
* * * * * * * * * * * * *

2nd March, 2011, Wednesday, from 5:30 P.M. to 7:30 P.M. New York County Lawyers Assn. Supreme Court Committee hosts a reception for newly elected, appointed, re-elected, & re-appointed State and Federal judges. N.Y.C.L.A., 14 Vesey Str. (betw. B'way & Church Str.), Manh.

5th March, 2011, Saturday at 2 o'clock P.M. Memorial service for John Wade, Congresswoman Carolyn Maloney's former Chief of Staff, in the chapel of the Mary Manning Walsh Home, 12339 York Ave. (betw. E. 71st & E. 72nd Sts.).

5th March, 2011, Saturday, 5 P.M. to 11 P.M. First Sat. Night at the Brooklyn Museum. Information, link to: http://www.brooklynmuseum.org/

Theresa Canter

6th March, 2011, Sunday at 2 P.M. Memorial service for Susan Michelle Cohen. The Hudson Guild Fulton Center, 119 Ninth Ave. (betw. W. 17th & W. 18th Sts.) in Chelsea.

15th March, 2011, Tuesday, all day. The Ides of March. The soothsayer's warning to Julius Caesar, "Beware the Ides of March," has forever imbued that date with a sense of foreboding (it used to be known as Income Tax-um due-um). According to Richard Armour, Julius Caesar was a generous sort, and on that day in 44 B.C. when offering Marcus Brutus a plate of figs, he characteristically said, "Eat two, Brutus." But Brutus, although blinded by tears, was able to find a bare spot in Caesar's chest, and before nightfall, Caesar was found dead in a rented toga.

17th March, 2011, Thursday, 6:30 P.M. Asian Americans for Equality lunar new year celebration. Jing Fong restaurant, 20 Elizabeth Str., Manh. Info., call (212) 979+83.81, ext. 127. $

___________________________________________________

This information is supplied as a public service, and does not necessarily comprise 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.

*********************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34
http://www.TheFlacksReport.blogspot.com/

The Flacks Report [Belated Dec. '10]

2011-02-27T14:26:00.010-05:00

Steve Solarz---Condolences---Lawsuit on Judicial Pay---"Pete" Grannis Rides Again!---"Tammany Gall"

* * * * * * * * *
Steve Solarz

http://www.capitalnewyork.com/article/culture/2010/11/865162/steve-solarz-1940-2010-and-making-senator-schumer?page=1

Condolences

Condolences to Joan Paylo on the passing of her Mother.

Lawsuit over judges pay legislation

http://www.nytimes.com/2011/01/12/nyregion/12judges.html?emc=eta1

Alexander "Pete" Grannis Rides Again!

Comptroller DiNapoli's new First Deputy is Pete Grannis, who served 32 years (1975-2007) in the Assembly and four as State Commissioner of Environmental Protection before being rudely and unceremoniously dismissed by the dying swans of the lame duck Paterson administration. When Grannis asked to see Paterson to ask why he was being fired after four years service, particularly since it was only weeks before the whole bunch would be turned out by the calendar, he was denied that opportunity says historian Henry Stern.

Tammany Gall! Booted Elex Big's Sour Gripes

By DAVID SEIFMAN, City Hall Bureau Chief, The New York Post, February 17, 2011

If Mayor Bloomberg can't take down the city's Board of Elections, perhaps its former director can.

In a political epiphany, former Executive Director George Gonzalez claims that the board is patronage-laden, "dysfunctional" and "accountable to no one" -- even though he himself was a political appointee before he was fired from the post.

"This case involves a public servant who gave 35 years of service to the city and whose career came to an end, unfairly, unlawfully and at the hands of the last bastion of 'Tammany Hall' in the city and state," Gonzalez declared in a blistering federal lawsuit demanding $290,000 for unpaid comp time and other wages.

His comments oddly echo Bloomberg's complaints about the board for years. If it goes to trial, Gonzalez's suit could expose the inner practices of the board.

Board President J.C. Polanco issued an angry response, pointing out that he had crossed party lines to give Gonzalez the majority he needed to become executive director last August.

"Mr. Gonzalez has unfortunately decided to make libelous comments against the New York City Board of Elections and its commissioners," said Polanco, a Bronx Republican. "I am disappointed he would make such terribly false and blanketed comments about my colleagues."

By state law, the board's commissioners are nominated by each of the five Democratic and Republican county leaders, and are appointed by the City Council.

Many of the board's employees get their jobs through political connections. In fact, Gonzalez himself has ties to the Bronx Democratic organization. "Everyone knows it's not civil service," said one political veteran. Among other things, Gonzalez maintained that some commissioners are exceeding their annual $30,000 cap on per diem payments. His lawyer, Tom Shanahan, filed a Freedom of Information request for a list of all board employees with criminal records.

Gonzalez was fired just a couple of months after assuming his position when The Post reported that he had altered a ballot in Queens last November in favor of the widow of Sean Bell, who was slain by police. He said the move was intended to highlight a special election for the City Council. The commissioners countered that they had issued specific orders not to change the ballot.

He later submitted a request to get paid for 2,394 hours in comp time accumulated over four years, but the request was rejected, and the comp time rules were subsequently changed.

Read more: http://www.nypost.com/p/news/local/tammany_gall_booted_elex_big_sour_H58hazsYCTbrnIekbd9qpI#ixzz1EvHc7Iuk

Decision of Interest

2011-02-17T00:12:00.002-05:00

Thursday, February 10, 2011

Decisions
Appellate Division
First Judicial Department

2522. IN RE C. VIRGINIA FIELDS, PET-RES, vs. NEW YORK CITY CAMPAIGN FINANCE BOARD, RES-RES

Andrias, J.P., Saxe, Catterson, Freedman, JJ.

2522. IN RE C. VIRGINIA FIELDS pet-res, v. NEW YORK CITY CAMPAIGN FINANCE BOARD, res-res — Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for ap —Order, Supreme Court, New York County (James A. Yates, J.), entered January 16, 2009, which granted the petition to the extent of absolving petitioners from personal liability for repayment of unspent campaign funds, unanimously affirmed, without costs.

Respondent (CFB) administers the campaign finance program established in 1988 by the New York City Campaign Finance Act (Administrative Code of the City of New York §3-701 et seq.). The program provides public matching funds for eligible candidates running for the offices of mayor, comptroller, public advocate, borough president, and City Council member who agree to comply with certain conditions, including limitations on expenses and campaign contributions, and the submission of documentation and other proof of campaign expenditures as requested by CFB (Administrative Code §3-703; see generally New York City Campaign Fin. Bd. v. Ortiz, 38 AD3d 75 [2006]).

Payment to a candidate is based upon a preliminary review of the matchable contribution claims provided by the campaign (see CFB Rules [52 RCNY] §§5-01[b] and [g]). At the conclusion of a post-election audit of the receipts and expenditures reported by the candidate in disclosure statements, as well as any receipts and expenditures not reported but discovered by CFB during its postelection audit, a candidate may be required to return all or a portion of the public funds received, pursuant to Administrative Code §3-710(2)(a) (liability for overpayments of public matching funds), (b) (liability for funds used for disqualified campaign expenditures) and/or (c) (liability for unspent funds up to the amount of public funds received).

In 2004, CFB ordered petitioner C. Virginia Fields's 2001 campaign to repay $92,547 in public funds in connection with her successful 2001 run for Manhattan Borough President. Because Fields could not qualify for public funding for her 2005 mayoral campaign unless that debt was repaid (52 RCNY 5-01 [f][3]), on October 7, 2004, her 2005 campaign lawfully transferred $93,000 raised for the 2005 race to her 2001 committee to repay the debt.

On May 31, 2005, Fields submitted a candidate certification form to be eligible for public matching funds for the 2005 race (see Administrative Code §3-703[1][c]; 53 RCNY 2-01). Fields listed petitioner Milton Wilson as the treasurer of petitioner New Yorkers for Fields, which was designated as Fields's principal 2005 campaign committee. Based on its preliminary review of Fields's certification, CFB approved three separate matching funds payments at a 4-to-1 ratio, totaling $1,459,636.

On December 26, 2006, CFB sent Wilson a report of a draft audit covering the period January 12, 2003 through January 11, 2006 that raised 12 possible campaign violations and determined that the 2005 campaign ‘may be required to repay the greater of $337,340 due to an overpayment of public funds... and $187,637 in unspent campaign funds... Any repayment obligations are owed by the committee, the candidate, and the treasurer who are jointly and severally liable pursuant to law. The $337,340 public funds obligation was computed as follows:

Claimed Matchable
Contributions $ 395,647
Less: Invalid Claims (52 RCNY 5-01[d]) $ 20,188
Subtotal $ 375,459
Less: Matchable Adjustment (52 RCNY 5-01[n]) $ 93,155
Adjusted Gross Matchable $ 282,304 X 4 = $ 1,129,216
Less: Total Previous
Regular Payable $ 1,466,556
Overpayment $ (337,340)

The $93,155 matchable adjustment was comprised of $155 in excess contributions to political committees and the $93,000 transfer to the 2001 Committee.

The $187,637 unspent funds calculation was computed as follows:
Itemized monetary contributions $ 1,826,645
Other Receipts 112
Public Funds Payments $ 1,459,636
Subtotal $ 3,286,393
Less: Itemized Expenditures $ 3,040,125
Total Receipts
Adjustment $ 76,150
Total Outstanding Bills $ 65,269
Adjustments to Disbursements (52 RCNY 1-03[a]; 5-03[e]) $ (82,788)
Subtotal $ 3,098,756
Total Unspent Funds $ 187,637

The adjustments to disbursements of $82,788 was comprised of ‘Noncampaign Related Expenditures‘ of $3,041; ‘Unallowable Post Election Expenditures‘ of $61,196; and ‘Uncashed Checks/Not Appearing on Bank Statements‘ of $18,551. The audit also found that the campaign failed to report 126 transactions totaling $74,597 that had appeared on its bank statements.
Despite being granted two extensions, the campaign did not respond to the draft audit report by the March 8, 2007 deadline or request additional time to respond. On June 11, 2007, CFB sent Fields and Wilson a ‘Notice of Alleged Violations, Proposed Penalties, and Opportunity to Respond,‘ which sought $189,028 in penalties for 24 alleged violations, subject to reduction if the campaign responded to the notice by June 25, 2007. On June 12, 2007, CFB sent Fields and Wilson a letter affording them ‘a last and sole opportunity for the Campaign to respond [by July 3, 2007] to the repayment obligations [unspent campaign funds and public funds overpayments] before they are made final.‘

On or about June 26, 2007, the campaign submitted a response to the draft audit report in which it stated, among other things, that while CFB claimed unspent funds of $187,637 as of December 12, 2006, the committee's account balance was $0 as of that date. The committee also noted that in January 2006 it had conducted an internal audit ‘to correct all balances‘ in its financial disclosure statements for the period 2002 to 2005 and that as soon as mistakenly omitted entries were detected the campaign reported the additional expenditures to ‘correct the balances.‘ As a result of this submission, at its July 20, 2007 meeting, CFB reduced the $189,028 penalty to $70,567 for 21 alleged violations.

On July 27, 2007, CFB issued s report of its final audit, which found that the campaign owed $180,597 in unspent campaign funds and $337,340 in overpayment of public matching funds, and was required to repay the greater amount.[FN1] CFB also found that the campaign had to pay the $70,567 in penalties. By letter dated November 29, 2007, CFB reduced the penalties from $70,567 to $36,767.

On September 28, 2007, the campaign filed a petition challenging the Board's determination (see 52 RCNY 5-02[a]). Stating that there was good cause for the failure to timely respond to the draft audit report, namely a computer crash and difficulty in locating the person who organized and entered the committee's financial data, the campaign argued that the unreported $93,000 transfer to the 2001 committee should have been considered a receipt for matching funds purposes and an expenditure to reduce the alleged unspent campaign funds. The campaign also asserted that the unspent campaign funds should be reduced by the $46,631 in post election payments, $2,368 in alleged non-campaign-related expenditures, and $74,825 in unreported transactions.

On December 13, 2007, after hearing argument, CFB, finding that no good cause existed for the late submission, denied the petition and reaffirmed the payment determination in the final audit report. On December 19, 2007, CFB issued its final determination letter which advised petitioners that ‘[t]he Campaign's public funds repayment obligation is therefore $330,420 [reduced from $337,340 due to withholding of $6,920 from the campaign's public funds payment during the election]. (The Campaign's unspent funds repayment obligation remains at $180,597; because this amount is less than the amount owed due to the overpayment, the Campaign's total public funds repayment obligation is $330,420.) In addition, the Campaign owes a total of $36,767 in penalties... .‘

CFB demanded payment of the total of $367,187 no later than January 13, 2008. By letter dated January 3, 2008, in response to the campaign's request for clarification regarding its liability for the $330,420 public funds repayment obligation, CFB advised the campaign:

‘Following the December 19, 2006 ruling of the Apellate Divsion, First Department, in NYC Campaign Finance Board v. Ortiz, candidates and treasurers cannot be held personally liable for the repayment of public funds owed to the Board due to overpayments of public funds. Therefore, only Ms. Fields' campaign committee... is liable for the $330,420 repayment obligation resulting from the overpayment of public funds. ‘However, notwithstanding Ms. Fields' lack of personal liability for this return obligation, she would not be eligible to receive public funds in a future election unless the entire $330,420 is returned to the Board.

‘The Ortiz decision does not affect repayment obligations resulting from unspent funds. Therefore, Ms. Fields, her treasurer, and her campaign committee are jointly and severally liable for the $180,597 unspent funds repayment obligation. As you are aware, payment of the $330,420 repayment obligation would also satisfy this smaller repayment obligation.‘

On March 24, 2008, petitioners commenced this proceeding to challeng CFB's determination that they jointly and severally owed $180,597 in unspent funds and requested that CFB reduce the amount by (a) the $93,000 transfer, (b) valid expenditures totaling $48,999 that had been previously found to be non-campaign-related or improper post election expenditures, and (c) $74,825 in previously unreported transactions. Petitioners did not challenge the finding that the committee was required to return the $330,420 overpayment of public funds. Nor did they challenge the assessment of $36,767 in penalties.

CFB asserted a counterclaim seeking an order directing the committee to repay $330,420 for the overpayment in funds, and directing the committee and Fields to repay $180,597 in unspent campaign funds. CFB stated again that payment of the larger amount would satisfy the smaller repayment obligation.

Supreme Court granted the petition to the extent of holding that petitioners were not personally liable for the repayment of unspent funds, pursuant to Administrative Code §§3-710(2)(b) and (c) and 3-711(1), and 52 RCNY 5-02(a)(2). The court found that CFB circumvented Ortiz v. New York City Campaign Fin. Bd. (36 AD3d 75 [2006], supra] and improperly penalized the campaign twice by denying a match for the $93,000 transfer and then deducting it from recognized expenditures, although public funds were not used to pay the prior debt. The court further found that Administrative Code §3—710(2)(c) specifically provided that public matching funds were to be repaid using ‘excess‘ funds, not the candidate's personal assets.

Administrative Code §3-710(2)(c), as in effect in 2005, provided:
‘If the total of contributions, other receipts, and payments from the fund received by a participating candidate and his or her principal committee exceed the total campaign expenditures of such candidate and committee for all covered elections held in the same calendar year or for a special election to fill a vacancy such candidate and committee shall use such excess funds to reimburse the fund for payments received by such committee from the fund during such calendar year or for such special election. Such reimbursement shall be made not later than ten days after all liabilities have been paid and in any event, not later than either the closing date of the final disclosure report, or the day on which the campaign finance board issues its final audit report for such participating committee, for such covered election, as shall be set forth in rules promulgated by the campaign finance board. No such excess funds shall be used for any other purpose, unless the total amount of the payments received from the fund by the principal committee has been repaid.‘ (emphasis added).

Where statutory language is ‘clear and unambiguous, the court should construe it so as to give effect to the plain meaning of the words used‘ (Matter of Aquilone v. Board of Educ. of City school Dist. of City of N.Y. [internal quotation marks and citations omitted], 86 NY2d 198, 204 [1995]). Although a long-standing interpretation of an agency charged with administering a statute ‘may be entitled to great weight unless manifestly wrong,‘ such ‘commonsense‘ interpretation is of no avail if the statute is unambiguous (see McKinney's Cons Laws of NY, Book 1, Statutes §129). ‘[W]here, as here, the question is one of pure statutory construction, dependent only on accurate apprehension of legislative intent, judicial review is less restricted and there is little basis to rely upon any special competence or expertise of the administrative agency‘ (Ortiz, 38 AD3d at 81; see also Matter of KSLM-Columbus Apts., Inc. v. New York State Div. of Hous. & Community Renewal, 5 NY3d 303, 312 [2005]; Matter of Excellus Health Plan v. Serio, 2 NY3d 166, 171 [2004] [‘a determination by the agency that runs counter to the clear wording of a statutory provision is given little weight‘] [internal quotation marks & citations omitted]).

The express language of §3-710(2) (c) requires that in the case of unspent funds, the ‘candidate and committee shall use such excess funds to reimburse the fund‘ (emphasis added). This language clearly and unambiguously requires the candidate and all the committees to return funds left over after the election, up to an amount equal to the total public funds received, regardless of whether the left-over dollars came from private contributions made directly to the candidate or from public funds sent to the committee. However, it does not does not obligate the candidate to reach into other funds, such as personal assets, to repay CFB.

Here, the campaign stated in its response to the draft audit report that while CFB claimed unspent funds of $187,637, as of December 12, 2006, the committee's account balance was $0 and that after an internal audit it reported the additional expenditures to ‘correct the balances.‘ Petitioners allege that ‘[a]t the time the draft audit report was sent to the campaign, it had no money in its bank account,‘ and that the final audit report concluded that the campaign owed $180,567 [sic] in unspent campaign funds, ‘even though the campaign in fact had no money whatsoever.‘ There is no claim that either Fields or Wilson wrongly converted campaign funds to personal assets or used them for private expenditures. As there were no excess funds available at the time of the final audit, petitioners are not personally liable for the unspent funds.

Matter of Eisland v. New York City Campaign Fin. Bd. (31 AD3d 259 [2006]), which involved a dispute over an unspent funds obligation, does not require otherwise. While we found in Eisland that the petitioner was ‘liable [for that repayment] because she is the candidate‘ (31 AD3d at 263), the Eisland campaign had approximately $475,000 in private funds for the 2001 election, received $316,548 in public funds, and spent approximately $650,000. Therefore, the campaign had ‘excess funds‘ that it was obligated to return, pursuant to Administrative Code §3-710(2)(c).

This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.

FN1. The reduction in unspent funds from $187,637 to $180,597 was the result of the adjustment to disbursements being reduced from $82,788 to $75,748.

Winter Doldrums & February Frolics (up-dated)

2011-02-04T22:38:00.012-05:00

SELECTED EVENTS
[Organizations which request contributions are indicated by a $.]
* * * * * * * * * * * * * * * * * *
2nd February, 2011, Wednesday. Celebrate Groundhog Day.

3rd February, 2011, Thursday. First Day of the Lunar New Year (Year of the Hare). Kung Hai Fat Choi!

4th February, 2011, Friday, 8 A.M. City Law breakfast. Michael Mukasey speaks on the War on Terror. N.Y. Law School, 185 West B'way (betw. Worth & Leonard Sts.), Manh.

5th February, 2011, Saturday, starting at 5 P.M. until 11 P.M. Brooklyn Museum of Art First Saturday Night programme. [IRT line to Bklyn. Mus./E'ern Pkwy. stop]

8th February, 2011, Tuesday, 6 P.M. Beep's "State of the Borough" at the C.U.N.Y. Grad. Center, Fifth Ave. & 34th Str., Manh.

10th February, 2011, Thurs., 6 P.M. Chinese-American Planning Council fund-raiser, Jing Fong restaurant, 20 Elizabeth Str., Manh. Info.: (212) 941+09.20, ext. 140. $

11th February, 2011, Friday, 5 to 7 P.M. Richard Gottfried's holiday party celebrating the lunar new year at his constituent office, 242 W. 27th Str. (betw. 7th & 8th Aves.). All welcome.

13th February, 2011, Sunday, 2 - 5 P.M. Village Reform Democratic Club holiday pot-luck pah-tee. Le Souk Harem, 510 Fiorello LaGuardia Pl. (betw. Bleecker & Houston Sts.).
_______________________________________________

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.

****************************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34
http://www.TheFlacksReport.blogspot.com/

Lone Ranger Tilzer Takes on Kings County Leader

2011-01-17T19:37:00.017-05:00

In the early days of the Democratic Party Reform movement, there were many men and women who rode the political hustings searching for truth and justice. Today, few remain. Return with us now to those thrilling days of yesteryear, when from out of the past come the thundering hoofbeats of the great horse, Silver. The Lone Ranger rides again!

The last true Reformer, Gary Tilzer, tells us about the Brooklyn Democratic County Leader. Link to thrilling stories about Vito Lopez and Crooklyn.

Click "More on Vito Lopez."

Jan. 2011 New Year Events

2011-01-06T09:50:00.027-05:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * * * * * *
The New York County Regular Democratic Organization is not having a holiday party this year. _________________________________________________

There is no B.M.A. First Sat. Night in Jan. 2011.

January Advance Sheets:

3rd January, 2011, Mon., 6 P.M. N.Y. County Reg. Dem. Org. judiciary committee. meeting to set up a Manh. Civil Court screening panel. County H.Q., 461 Park Ave. S., 10th Fl., @ E. 31st Str., Manh. Meeting open to the public.

6th January, 2011, Thurs., at C.C.N.Y. Formal swearing-in of Eric Schneiderman as N.Y.S. Atty. Gen.

6th January, 2011, Thursday, 4:30 P.M. Induction of Michael Lee Katz, Civil Court, 111 Centre Street, Manhattan.

7th January, 2011, Friday, 6 to 8 P.M. Concerned Democratic Coalition of N'ern Manh. fiesta del dia de los tres Magos. Maylin Group, 5000 B'way, #A, Manh. [enter on W. 212 Str.].

9th January, 2011, Sunday, at 4 o'clock P.M. Inauguration of N.Y.S Senator Adriano Espaillat. Yeshiva U., Lamport auditorium, 2540 Amst. Ave. @ W. 187th Str. [B'way IRT 7th Ave. lcl. to W. 191th Str. stop.] Kindly r.s.v.p. to Aneiry Batista (212) 544+01.73.

Same day, Sunday, 9th January, 2011, from 6:30 to 8:30 P.M. Ansonia Ind. Dems. annual holiday party. Chez Cooper, 290 West End Ave. @ W. 74th Str., suite 9A. [B'way 7th Ave. line to W. 72nd Str. sta.]

12th January, 2011, Wed., 6 P.M. N.Y. County Reg. Dem. Org. judiciary cttee. meeting to set up a Manh. Civil Court screening panel. County H.Q., 461 Park Ave. S., 10th Fl., @ E. 31st Str., Manh. Meeting open to the public.

13th January, 2011, Thursday, 4:30 P.M. Induction of Carolruth Feinman, Civil Court, 111 Centre Street, Manhattan.

18th January, 2011, Tuesday, 4:30 P.M. Induction of Gerald Lebovits, Civil Court, 111 Centre Street, Manhattan.

20th January, 2011, Thursday, 4:30 P.M. Induction of Cynthia Kern, Supreme Court, 60 Centre Street, Manhattan.

24th January, 2011, Monday, 6 o'clock P.M. Screening of Billy Sternberg's film on the missing Tammany Hall Judge Joseph Force Crater. Jefferson Market Courthouse Branch Library, 6th Ave. & W. 10th Str. in the Village.

25th January, 2001, Tuesday, 6:30 P.M. N.Y. Civic forum "Morality & Politics: Are They Mutually Exclusive?" Politics, ethics, and corruption. Panelists: Richard Brodsky, former Assembly Member; Grace Rauh, NY1; Paul de Vries, Pres., N.Y. Divinity School; Arthur Engoron, N.Y.C. Civil Court. Moderator, Henry Jordan Stern, N.Y. Civic. Calvary Baptist Church assembly hall, 123 W. 57th Str. (betw. 6th & 7th Aves.), Manh.

26th January, 2011, Wed., 6 P.M. N.Y. County Reg. Democratic organization's judiciary committee meeting to set up a Manhattan Civil Court screening panel. At the County H.Q., 461 Park Ave. S., 10th Fl., @ E. 31st Str., Manh. Meeting open to the public. This meeting will finalize the selection of organizations' chiefs who are to be solicited to send a panelist and also to interview and to pick a panel administrator. If this is important to you, it's a must-attend.

27th January, 2011, Thursday, 5 P.M. Induction of Matthew Cooper, Supreme Court, 60 Centre Street, Manhattan.

30th January, 2011, Sunday, from 1 to 3 P.M. Brunch and conversation with newly-elected State Senator Adriano Espaillat at his district office, 5030 Broadway, suite 701, Manhattan. For information and travel directions, please call (212) 544+01.73.

______________________________________

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--

****************************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34

NY Dems Evicted?

2010-12-29T19:38:00.008-05:00

Monday, December 27,2010 - From: CityHallNews.com
In Dispute Over Rent, State Democrats And Paterson Face Eviction From Headquarters

By Edward-Isaac Dovere

Ebenezer Scrooge would have been proud: just before Christmas, employees at State Democratic Party headquarters arrived to find a notice of eviction tacked to the door. Rose Hill Property Association served the State Democrats and, as a subtenant, the “Paterson for Governor” campaign, citing “rent in arrears in the sum of $28,848.00 with interest from October 1, 2010, together with a judgment for attorneys’ fees, costs and disbursements.” That puts them three months behind in rent payments.

Peace, love and harmony have not exactly been in the air at the state headquarters this Christmas season. Sources indicate that the eviction notice is the latest symptom of tensions between the State Democratic Party and what remains of the outgoing governor’s campaign operation, with a dispute over who is liable for payments for the 10th floor space (Democrats occupy both the 9th and 10th floors of a narrow building on Park Avenue South and 32nd Street).

Reached by email, Democratic state chairman Jay Jacobs would not discuss the situation between the Democrats and Paterson. “I am not commenting on any dispute. Suffice it to say that our obligations have been met,” Jacobs wrote. “There is no disputing that.” Jacobs said that the landlord has been informed that the State Party has paid its share of the rent. The New York State Democratic Committee is current in all of its rent obligations. I rechecked with our office today and found that that is the case. That notice, as pertaining to the New York State Democratic Committee, is in error,” Jacobs wrote.

According to its most recent filings, the state Democrats had $71,000 on hand in their state account and $165,000 in their federal account, though they are apparently carrying some as-yet-unreported debt coming out of the 2010 cycle. Current information about the party’s housekeeping account, generally used for rent payments, will not be available until mid-January.

The Paterson for Governor campaign is not the only tenant that could be subject to problems if the eviction goes through: the space on the 10th floor is also home to the Eleanor Roosevelt Legacy Committee, the New York County Democrats, the Democratic Senate Campaign Committee (which is itself in debt for $2.4 million), the Democratic Lawyers Council and the fundraising firm Bedford Grove.

The lawyer for Rose Hill Property Association did not return a request for comment about the situation. Attempts to contact representatives of the Paterson campaign were not successful.

Necrology

2010-12-23T18:04:00.003-05:00

Susan M. Cohen died on 22nd December, 2010, in New York City. A lawyer who was a fierce advocate for tenants and breast cancer survivors, she was a founder and Chair of the New York State Breast Cancer Network.

Her involvement with the Chelsea Coalition on Housing inspired her to become a “poor peoples' lawyer.” A graduate of Cardozo Law School, she worked with M.F.Y. Legal Services and Manhattan Legal Services. She became extremely well versed in landlord and tenant law. She was a superb litigator on behalf of tenants as well as a resource for L.&T. lawyers. Susan was also a member of the National Lawyers Guild.

Susan participated in Manhattan Reform Democratic party politics both in her home Chelsea Reform Democratic Club and the New Democratic Coalition years ago. Long active in judicial politics, she was an early organizer and a vigorous supporter of judicial reform through the use of screening panels.

Susan M. Cohen, public service lawyer, dead at 69.

The funeral service is to-morrow, Friday, 24th December, 2010, at 9 A.M., at the Plaza Funeral Home, 630 Amsterdam Ave. at W. 91st Street in Manhattan, New York City. Burial at BEKI Cemetery, New Haven, Conn. In lieu of flowers, contributions to SHARE (www.sharecancersupport.org), or Breast Cancer Action (www.bcaction.org), or to Vassar College, Poughkeepsie, N.Y., are appreciated.

===========================================

Henry O. Leichter, brother of former New York State Senator Franz S. Leichter, died 20th December, 2010. Henry, a Columbia University Law School graduate and lawyer, was one of the founders of the Riverside Democrats together with former Representative William Fitts Ryan. Henry also served two terms as a Democratic Party State Committeeman from the old 7th Assembly District (now principally the 69th).

Henry O. Leichter, dead at 86.

A memorial service shall be announced at a later date.

December, 2010, Events

2010-12-14T23:18:00.037-05:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * * * * * *
*The New York County Regular Democratic Organization is not having a holiday party this year.*

4th December, 2010, Saturday at noon. Samuel Tilden Democratic Club "Toys-for-Tots" fund-raiser at Paul & Jimmy's restaurant, 123 East 18th Str., Manh. Call D.L. Louise Dankberg for further info.: (212) GRamercy 5 - 53.47. $

4th December, 2010, Saturday after 5 o'clock P.M. First Saturday Night at the Brooklyn Museum o'Art. [Espied at last month's First Saturday: Judge James D'Auguste et ux. Leslie and daughter Jean with Tilden Dems stalwart Esther Yang and daughter Grace.]

5th December, 2010, Sunday from 5 to 8 P.M. Three Parks Ind. Dems., Inc., holiday party. Am. Youth Hostel, Amsterdam Ave. @ W. 103rd Str., Manh. All welcome. Also, same date and time, Chelsea "Reform" Democratic Club holiday party. Dusk Lounge, 147 W. 24th Str. (betw. 6th & 7th Aves.).

8th December, 2010, Wednesday, 6 to 8 P.M. Jewish Lawyers Guild Channukah Party. Synagogue for the Arts, 49 White Str. (betw. B'way & Church Str.), Manh. Please bring an unwrapped toy (no latex, rubber, stuffed, plush animals, clay, or war toys), thank you.

10th December, 2010, Friday, from 6 to 9 P.M. Martin Luther King, Jr., Dem. Club holiday party. Jos. Kennedy Center on W. 135th Str. (betw. Lenox & 5th Aves.).

12th December, 2010, Sunday, 2 to 5 P.M. Broadway Democrats holiday party. Chez Martin, Apt. #12-D, 390 Riverside Dr. (enter on W. 111th Str.).

12th December, 2010, Sunday, 6:15 P.M. Gramercy-Stuyvesant Ind. Dems. dinner. Cottage Chinese Restaurant, 33 Irving Pl. @ 16th Str. Members free; others, $20. R.s.v.p. (212) ORegon 3 - 83.16. $

13th December, 2010, Monday, from 5 to 8 P.M. Assemblymember Linda Beth Rosenthal's holiday party at her District Office, 230 W. 72nd Str., 2nd fl. (betw. B'way & W.E.A.). Also, same date, Downtown Independent Democrats's holiday party from 5:30 P.M. to 7:30 P.M. Woolworth Tower restaurant in Cass Gilbert's 1913 Gothic revival. Enter on Barclay Str. Cash bar. Also: 7 to 10 P.M., Lexington Democratic Club's holiday party at Opal, 2nd Ave. @ E. 52nd Str.

14th December, 2010, Tuesday, 8 o'clock A.M. City Hall News breakfast. Richard Ravitch and Stanley Brezenoff speak on health care. Toronto Dominion Bank, 317 Madison Ave. at E. 42nd Str.

14th December, 2010, Tuesday, 6:30 P.M. New York County Lawyers Assn. dinner. The Waldorf Astoria. Info.: (212) COrtland 7 - 66.46, ext. 221. $

15th December, 2010, Wednesday, 6 to 9 P.M. Stu Osnow & Jerry Skurnik's PrimeNY party. Josie Woods Pub, 12 Waverly Place in the Village.

15th December, 2010, Wednesday, 7 P.M. Stonewall Democratic Club holiday party. G.L.B.T. Center on W. 13th Str., W. off 7th Ave. in the Village.

16th December, 2010, Thursday, 8 P.M. Community Free Democrats, Inc., holiday party at the Bromley, 225 W. 83rd Str., just E. off B'way. Also, same date, Park River Independent Democrats holiday fest 7 to 9 P.M., chez Loving, 164 W. 79th Str., Apt. #14-D. And, too, Eleanor Roosevelt Dem. Club holiday party, 7 to 9 P.M. The N.Y. New Church, 114 E. 35th Str. (betw. Lex. & Pk. Aves.). Members, free; guests, $5. $

17th December, 2010, Friday, 6:30 to 9:30 P.M. N.Y.C. Friends of Clearwater holiday party. D.C. 37, 140 Park Pl. [Subways to Chambers Str. and City Hall stops; walk west toward the Hudson.]

20th December, 2010, Monday, from 7 until 10 P.M. Lenox Hill Dem. Club holiday party. Rathbone's Pub, 1702 Second Ave. @ E. 88th Str.

22nd December, 2010, Wednesday, 4 to 7 P.M. N.Y. State Senator (Upper W. Side & Haarlem) Bill Perkins open house holiday celebration, Harlem State Office Building (163 W. 125 Str., Suite 912).

29th December, 2010, Wednesday, 2 until 6 P.M. N.Y.S. Senator Bill Perkins Kwanzaa celebration. Wadleigh School, 215 W. 114th Str. (betw. 7th & 8th Aves.).
_________________________________________

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--

Judicial Inductions, N.Y. County, 2010.

2010-12-09T16:52:00.003-05:00

9th December, 2010, Thursday, 4:30 P.M.
David Benjamin Cohen, Civil Court.
111, Centre Street.

16th December, 2010, Thursday, 4:30 P.M.
Kelly Ann O'Neill Levy, Civil Court.
111, Centre Street.

20th December, 2010, Monday, 5 P.M.
Jeffrey Oing, Supreme Court.
60, Centre Street.

21st December, 2010, Tuesday, 4:30 P.M.
Leticia Maria Ramirez, Civil Court.
111, Centre Street.

6th January, 2011, Thursday, 4:30 P.M.
Michael Lee Katz, Civil Court.
111, Centre Street.

13th January, 2011, Thursday, 4:30 P.M.
Carolruth Feinman, Civil Court.
111, Centre Street.

18th January, 2011, Tuesday, 4:30 P.M.
Gerald Lebovits, Civil Court.
111, Centre Street.

20th January, 2011, Thursday, 4:30 P.M.
Cynthia Kern, Supreme Court
60, Centre Street.

27th January, 2011, Thursday, 5 P.M.
Matthew Cooper, Supreme Court.
111, Centre Street.

[E.&o.e.]

Autumn Leaves 2010

2010-11-13T22:11:00.012-05:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * *
18th November, 2010, Thursday at 6 P.M. N.Y. County Regular Democratic organization cocktail party. Ritz Carlton (Battery Park), Two West Str. Repondez s'il vous plait (646) 214 + 33.97. $

4th December, 2010, Saturday at noon. Samuel Tilden Democratic Club "Toys-for-Tots" fund-raiser at Paul & Jimmy's restaurant, 123 East 18th Str., Manh. Call D.L. Louise Dankberg for further info.: (212) GRamercy 5 - 53.47. $

4th December, 2010, Saturday after 5 o'clock P.M. First Saturday Night at the Brooklyn Museum o'Art. [Espied at last month's First Saturday: Judge James D'Auguste et ux Leslie and daughter Jean with Tilden Dems stalwart Esther Yang and daughter Grace.]

5th December, 2010, Sunday from 5 to 8 P.M. Three Parks Ind. Dems., Inc., holiday party. Am. Youth Hostel, Amsterdam Ave. @ W. 103rd Str., Manh. All welcome. Also, same date and same time, Chelsea "Reform" Democratic Club holiday party.Dusk Lounge, 146 W. 24th Str. (betw. 6th & 7th Aves.).

13th December, 2010, Monday, from 5 to 8 P.M. Assemblymember Linda Beth Rosenthal's holiday party. District Office, 230 W. 72nd Str., 2nd fl. (betw. B'way & W.E.A.).

14th December, 2010, Tuesday, 6:30 P.M. N.Y.C.L.A. dinner. The Waldorf Astoria. Info.: (212) COrtland 7 - 66.46, ext. 221. $

16th December, 2010, Thursday, 8 P.M. Community Free Democrats, Inc. holiday party at the Bromley, 225 W. 83rd Str., just E. off B'way. Also, same date, Park River Independent Democrats holiday fest 7 to 9 P.M., chez Loving, 164 W. 79th Str., Apt. #14-D.

Note to Clubbies: If you want me to list your club's holiday party, please let me know, thank you.
***********************
Manhattan Judicial Inductions
Attn.: Judge Wannabees and Judicial Mavens

Your correspondent has compiled a separate complete listing of inductions of both City Civil Court Judges and State Supreme Court Justices in New York County for December 2010 and January 2011. To request a copy, please E-mail:
alphlax@yahoo.com
__________________________________________

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 --
**************************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34
http://www.TheFlacksReport.blogspot.com/

The Flacks Report, 8th November, 2010

2010-11-06T18:28:00.011-04:00

George Gonzalez at the Election Board---Three Judicial Stories: Judicial mavens, these are erudite and interesting and l-o-n-g, so read them here or print them out; YOU'LL LIKE THEM---Henry Stern on Judicial Corruption---U.S. Sup. Ct. J. Stevens: An Open Mind on a Changed Court---N.Y.S. Ret. C. of A. Judge Stew Hancock

George Gonzalez at the Election Board:

http://blogs.villagevoice.com/runninscared/2010/10/election_boards.php

Henry Stern on Judicial Corruption
[This is edited from a longer article.]

A recurring question which many people have asked is: Why do there appear to be so many crooks in government? Here are some thoughts on the matter: There are criminals in the private sector, as well, but their crimes are less likely to be reported by their companies and publicized by the media.

In government, there is no single authority in control, there are independently elected legislators, judges who are selected by different constituencies, authorities, boards and commissions which most people, even those in government, have never heard of. There are thousands of local districts, dealing with schools, water supply and other areas, many of which are independently elected, with most board members serving fixed terms.

There is also strong political influence in selecting government personnel and making decisions involving contracts. Those are two primary areas of legal corruption: first is maneuvering someone you control into a government job, and second is getting your catspaw to make decisions that bring economic benefit, either for your friends, your campaign committee, or clients you are paid to represent.

Crimes punishable by law are the umbra of governmental corruption; but there is a vast penumbra of unsavory actions, based on improper influence, which are not punishable in the absence of direct payment to an individual. Many businesses believe that government decisions are fixed, and do not bother to compete for them. To an unfortunate extent, their fears are well-founded, and the playing field consequently is left to thieves.

Another reason that public-sector crimes receive more attention is that in private-sector crime one person steals from another or a corporation. In the public sector, most thieves cheat the general public. We are all the victims of their wrongdoing and therefore are more outraged than when we read of some private swindle or other misdeed.

. . . The Brooklyn judiciary is a place to find criminals. In 2002, Justice Victor I. Barron was sentenced to prison for soliciting a $250,000 bribe to approve the settlement of a tort case. The judge's defense was that his request for the bribe was a symptom of dementia resulting from Alzheimer's disease or Pick's disease. The trial judge did not swallow that line, and sentenced Barron to 3 to 9 years, the longest prison sentence for an active New York judge. He ended up serving 23 months before he was granted work release for good behavior.

To resume the roll of shame, Brooklyn Surrogate Michael Feinberg was removed from the bench by the State Court of Appeals in 2005 for awarding about $9 million in legal fees to his good buddy, Louis Rosenthal. Brooklyn Supreme Court Justice Gerald Garson was convicted of taking money to fix divorce cases in 2007. . . .

Justice Michael Garson, Gerald's first cousin, pleaded guilty to a misdemeanor for stealing $163,000 from their elderly aunt while holding her power of attorney. He was required to resign from the bar and pay $219,000, which included interest on the money he stole from the aunt.

Justice Reynold Mason was removed from the bench in 2003 for misusing his escrow account and improperly subletting an apartment. After being disbarred, Mason became a realtor in Georgia. He was jailed for four months in 2007 by order of a New York judge for failure to support his three children. . . . Mrs. Mason had run her husband’s 1994 campaign for the Civil Court, but after he became a Supreme Court Justice he left his pregnant wife and their two children. She spent the next nine years pursuing him in court.

Another Brooklyn judge, former Assemblyman Frank Seddio, resigned from the surrogate's court bench in 2007 after coming under investigation by the Commission on Judicial Conduct. Seddio was chastised by the Daily News for allegedly violating judicial rules by making over $31,000 in campaign donations to his political allies and the Thomas Jefferson Democratic Club. He was not, however, convicted or even indicted for a crime, nor is there evidence that he received money personally. Seddio remains a powerful force in the Kings County Democratic Party. His name has frequently been mentioned in the press as a possible successor to Vito Lopez at Brooklyn County Leader if Lopez should for any reason vacate the post.

We have only written about the Brooklyn judges who were caught, because their crimes are on record.

U.S. Supreme Court Justice Stevens:
An Open Mind On A Changed Court
By Nina Totenberg

The U.S. Supreme Court opened its new term recently, with new Justice Elena Kagan sitting in the junior justice's seat at the far end of the bench. For the first time in its history, a third of the nine-member court is female, and all of its justices are either Catholic or Jewish — no Protestants. Also, for the first time in 35 years, Justice John Paul Stevens is not there.

The 90-year-old justice retired in June; this summer, he sat for an interview in his chambers. During a lengthy and wide-ranging conversation, Stevens said he regrets one vote: his 1976 vote to uphold the death penalty. He also said he remains undecided about whether it would be a good idea to allow TV cameras in the Supreme Court; gently chided the Senate for the way it conducts confirmation hearings; and said he has often changed his mind about issues after reading the briefs and hearing oral arguments.

To understand the arc of history Stevens has witnessed, you need only know that one of the artifacts in his office is a scorecard from the famous 1932 World Series game in which Yankees hitter Babe Ruth, playing the Chicago Cubs in their home park, pointed to center field and then hit a home run there. The blast was a blow to a 12-year-old John Paul Stevens, sitting in the stands with his father.

Nearly three-quarters of a century later, at age 85, Justice John Paul Stevens threw out the first pitch at a Cubs game.

"I used to be able to throw the ball pretty well," he said. But he quickly realized he needed to brush up his skills. He spent weeks practicing and when the big day came, "I pretended … that I was out in left field trying to get a guy out at home. It worked out fine."

A Competitor, And A Teammate
Even now, there is nothing about Stevens that suggests he is 90. He still plays singles tennis several times a week, swims, plays golf and contract bridge, and has a competitive streak belied by his gentle demeanor.

One of his colleagues recalls encountering Stevens early one morning in the Supreme Court garage. Stevens was still in his tennis clothes, and when the other justice asked how the game went, Stevens jumped up and down like a kid, declaring, "I creamed him."

That is not the kind of behavior usually seen from the Midwesterner often called "a judge's judge." Colleagues, clerks and counsel all describe him as a man of "unaffected decency," who is "unfailingly polite and gracious." So skilled is he at building relationships on the court that other justices have said they would like to bottle his talent. During the interview in his chambers, he chuckled about the notion that he is some sort of great tactician.

"There's no grand strategy or anything like that; it's just part of the way I think judges should work together on a multi-judge court," he said. "One of the things that makes this a nice place to work is the custom of shaking hands before you go on the bench. It's a funny thing that that very minor ceremony starts everybody off in a collegial manner, and it stays right there."

Unlike many court commentators, Stevens does not attribute political motives to colleagues with whom he disagrees. "The wonderful thing about this institution is that we do disagree about very profound things," he says, but every justice "accepts the fact that his or her colleagues are doing the best job they can consistent with their own understanding of the law and the Constitution."

That doesn't mean that Stevens and his antagonists on the court have disdained strong language. In January, when a new conservative majority struck down a 100-year-old ban on corporate spending in candidate elections, Stevens wrote in dissent that the court's decision would "cripple the ability of ordinary citizens, Congress and the States to adopt even limited measures to protect against corporate domination of the electoral process."

In 2008, when the court, including Stevens, declared that detainees at Guantanamo have a constitutional right to judicial review of their detentions, Justice Antonin Scalia, in dissent, said the majority opinion "will almost certainly cause more Americans to be killed."

With a tiny twinkle in his eye, Stevens says that Scalia "has written a number of opinions in which he has made very seriously dire predictions about what would happen, and I think by and large those things did not happen."

A Fundamental Dispute
Stevens and Scalia have gone at each other on many subjects, but their core disagreement is over Scalia's espousal of originalism — the idea that the Founding Fathers intended the Constitution to mean only what it meant at the time of enactment, no more and no less. Or, as Scalia puts it, "the Constitution that I interpret and apply is not living, but dead."

Stevens disagrees. "To suggest that the law is static is quite wrong," he says. Stevens argues that "the whole purpose was to form a more perfect union, not something that's perfect when we started. We designed a system of government that would contemplate a change and progress."

This clash of views is exemplified in a 1990 opinion Stevens wrote, which invalidated the Illinois patronage system as a violation of employees' First Amendment rights to freedom of association.

Stevens notes that when he first encountered the question, he thought the claim had no merit. After all, as Justice Scalia would subsequently observe, patronage existed at the time the republic was founded. But Stevens, upon examining the question, reached a conclusion exactly opposite of what he originally thought.

"It did persuade me that some things that have been part of our law for a long, long time are not necessarily correct interpretation of the Constitution," he said. "The best example of that, of course, is racial discrimination. ... But the patronage system, it seemed to me, was a misuse of government power; the government has a duty to act impartially."

In his nearly 35 years as a justice, Stevens authored some 400 majority opinions for the court on almost every issue imaginable — from national security and Guantanamo to immigration; from abortion to obscenity; from school prayer to campaign finance reform; from term limits to the relationship between the federal and state governments.

During his tenure, he was seen as an increasingly respected and influential justice, a man beloved by his colleagues for his decency, his unassuming nature, and his tough inner core. Appointed by President Ford, Stevens was labeled a moderate conservative in his first decade. But by the time he retired, Stevens was seen as the court's most liberal member. So did he change or did the court?

"I think primarily the court has changed," says Stevens, referring to the composition of the court. But he acknowledges that on some issues, his views have changed as he has "learned more."

Debating The Death Penalty
Both the change in Stevens and the change in the court are illustrated by the issue of the death penalty. When he first joined the court, he voted to revive capital punishment, overturning a de facto moratorium imposed by the court four years earlier.

"I thought at the time ... that if the universe of defendants eligible for the death penalty is sufficiently narrow so that you can be confident that the defendant really merits that severe punishment, that the death penalty was appropriate," he says. But, over the years, "the court constantly expanded the cases eligible for the death penalty, so that the underlying premise for my vote has disappeared, in a sense."

In short, as moderate conservatives retired and were replaced by more hard-line conservative justices, the court changed the rules, he says. "Not only is it a larger universe, but the procedures have become more prosecution-friendly."

The court, he notes, has become more permissive in allowing prosecutors to object to seating jurors who have qualms about the death penalty. The result is that instead of getting a random sample of jurors, jury panels are more supportive of the death penalty. In addition, the court now allows the relatives of crime victims to testify during the penalty phase of a capital trial. These so-called victim impact statements were once ruled too incendiary to be permissible, but four years later, a more conservative court reversed the decision. All of this, says Justice Stevens, has changed the nature of the death penalty as he and the court envisioned it in the 1970s.

These subsequent decisions tend to "load the dice in favor of the prosecution and against the defendant," Stevens says. "I really think that the death penalty today is vastly different from the death penalty that we thought we were authorizing. And I think if the procedures had been followed that we expected to be in place, I think I probably would've still had the same views." Namely, he would have continued to favor a narrowly circumscribed death penalty.

Instead, he views his vote to uphold capital punishment in 1976 as the one he regrets during his tenure. It is "the one vote I would change," he says. Calling the decision "incorrect," Stevens says the 1976 court "did not foresee how it would be interpreted."

Father's Brush With The Law
Justice Stevens disavows the notion that his concern for the rights of criminal defendants might stem from his own family's experience. His father, who built and ran what was then the largest hotel in Chicago, was prosecuted for embezzlement and convicted. Facing 10 years in prison, he was subsequently exonerated by the Illinois Supreme Court, which unanimously reversed the conviction, declaring that the alleged crime was a mistaken investment and that there was "not one scintilla of evidence of concealment or fraud."

Stevens acknowledges that he has thought about whether this experience affected his views. But, he adds, "I don't really think it had any impact whatsoever on me, to tell you the truth."

His voice cracking with emotion, Stevens continues: "And the reason I say that is that at the time I never really considered it being a realistic possibility that he would ever go to jail. Because I knew the kind of man that he was. He simply was not capable of either a dishonest or dishonorable act."

Indeed, Stevens says, after the decision, he still planned a career teaching English, and only changed his mind years later.

A Contrarian With An Open Mind
Stevens is feisty in defending both his majority opinions and some of his famous dissents, as well. Flag-burning? He still thinks the court was wrong to strike down a law making flag desecration a crime. Bush v. Gore? He still thinks the court overstepped its authority and should have left the recount to the state of Florida.

As for the court's recent ruling allowing corporations and unions to spend unlimited amounts on candidate elections, Stevens thinks it was dead wrong — and, indeed, still doesn't think that money is the same thing as speech. "Can you hear it talk? Can you read it? [Money is] simply not speech," he says. "And I have to confess that my own views are that there is an interest in trying to have any debate conducted according to fair rules that treat both sides with an adequate opportunity to express their view. We certainly wouldn't, in our arguments in this court, give one side a little more time because they could pay higher fees to hire their lawyers, or something like that."

But Stevens still has not made up his mind about one Supreme Court issue: whether the court should allow television cameras to record and broadcast the arguments.

On the plus side, he says, "I think you develop more respect for the court when you see it — how it actually handles oral arguments — and you see that the justices are prepared and have thought about the problems and so forth."

But introducing television into a new forum can often have "an adverse impact on the process," Stevens says, pointing to Senate confirmation hearings for judges as an example. Ultimately, he says, "I think there is a very serious risk that if you introduce television into the Supreme Court arguments, it may have an unintended consequence that we really don't foresee right now."

A Different Approach
One of the hard things to fathom about a justice who is Stevens' age is how he discards the beliefs he grew up with when other, younger justices do not. Nearly a quarter-century ago, when the Supreme Court upheld a Georgia law that made it a crime for homosexuals to engage in consenting sexual conduct in the privacy of their homes, Stevens was among the dissenters.

When he joined the court, Stevens says, he didn't have any friends whom he knew to be gay, but he knew the first time he saw the issue that it was a tough call. When the court upheld anti-sodomy laws in 1986, Stevens dissented. Seventeen years later, he was part of the court majority that reversed that ruling.

"It's just part of the job where you take the cases one at a time," he says, "and I have found very often, I'm surprised [that] the result I come out with is not necessarily what I assumed in advance."

For Stevens, writing the first drafts of his opinions himself, instead of delegating the task to law clerks as many of his colleagues do, helped with that process. In writing it out, Stevens says, "your reasoning will either make sense or it won't. And if it doesn't, you change your vote, or you change your whole approach."

After the first draft was done, he would give it to his law clerks. "Their job is to prevent me from looking like an idiot," he says with a laugh.

The law clerks checked Stevens' facts and sometimes made only minor changes. But on other occasions, they rewrote his draft entirely — a rewrite that he sometimes embraced in whole or part, and sometimes rejected — in the nicest way possible, of course.

The important thing, Stevens says, is that in examining a question, he often changes his mind. What at first blush may look like a simple case with an easy answer turns out to be something quite different — a point, he observes, that seems to be lost at Senate confirmation hearings.

"The senators sort of expect the new nominee to know all the answers now," he says. "But this is a job in which you get briefs from lawyers, and you start out with sort of an expectation of being taught a little bit about the issues before you have to decide. And there's an awful lot you learn on almost every case. You don't know all the answers when you start. And if you think you do, you're kidding yourself."

So, is Stevens sad to have left the court?
"I'm both happy and sad," he says. "I have mixed feelings about it, because I know I'll miss the work. I really, really love the job. But I'm also looking forward to having not so many deadlines to meet."

N.Y.S. Ret. Court of Appeals Judge Stew Hancock

Ready for Anything:
At 87, Stew Hancock’s legal expertise remains in demand.

By John O’Brien, staff writer, The Syracuse Post-Standard, Sunday, 19 Sept. 2010

Stew Hancock liked the knottiest cases when he sat on the state’s highest court.

He had an appetite on the Court of Appeals for wading into such complexities as the difference between a catamaran and a monohull in the America’s Cup yacht race.

Nearly two decades later, at the age of 87, Hancock still loves a legal brainteaser. How about figuring out who should recover the debentures — something like bonds — being fought over by a company in New York and a company in Indonesia for property in Singapore?

When Hancock hit the court’s mandatory retirement age of 70 in 1993, he was worried he’d end up sitting in the corner of a law office doing a crossword puzzle, with a senior partner whispering to a subordinate, “For God’s sake, go ask him something!” Instead, Hancock’s been preoccupied with puzzles of another sort. At an age when most people are kicking back, he’s still rocking the scales of justice.

His legal mind has been in demand across the globe. During the past few years, Hancock has testified in London three or four times, in Paris twice and once in the Hague as the last word on New York law. As an international arbitrator, he’s sat in judgment on complex commercial cases from all over.

It takes him longer to get up a flight of stairs, and he no longer goes on his daily run. Nor does he stand on his head the way he used to do in his office, to get the juices flowing. He still does 40 push-ups a day.

Hancock moved in January 2009 from his downtown office with the law firm of Hancock & Estabrook, to an office with Mitchell, Goris, & Stokes just off Main Street in Cazenovia. He wanted a five-minute walk to work instead of a 45-minute drive, he said. He maintains a friendly relationship with the firm named after his grandfather.

Hancock puts in a full day nearly every weekday, and often comes in on weekends. He cross-country skis to work in the winter and walks in the summer, along a pathway by a creek.

His new officemates say it’s an honor to have a former Court of Appeals judge right down the hall — especially one who revels in lawyerly camaraderie. “It’s like being with Mickey Mantle, ” lawyer Patrick O’Sullivan said.

Hancock’s contemporary, former Court of Appeals Judge Richard Simons, of Rome, is 83 years old and also still works as a lawyer — but not nearly as much as Hancock. “I’m not amazed, ” Simons said of Hancock’s continued workload. “But I’m jealous.”

Hancock’s love of a challenge has led him during the past 15 years to cases that would seem to put him at odds with the position of his Republican Party. He became in the late 1990s an oft-quoted expert on why the death penalty was unconstitutional under New York state law. He handled the appeal of a man convicted of causing the death of a state trooper. And for years he’s volunteered to represent poor people for free through the Hiscock Legal Aid Society.

Has old age turned him from a conservative former chairman of Onondaga County’s Republican Party to a liberal? He acknowledges leaning more to the left, but not that far. “It was a process of learning more, studying more, maturing, ” Hancock said.

Hancock agreed to handle the appeal of James Carncross at the request of Carncross’ grandmother, who lives in Cazenovia. Carncross was convicted of causing the death of Trooper Craig Todeschini in 2006 by speeding away on his motorcycle. Todeschini pursued, then crashed his state police vehicle. When Hancock argued the case before the Court of Appeals in February, he frequently patted the podium with an open hand as he made his point. In an apparent effect of his age, he had trouble hearing the judges at times. Wearing a bow tie, he appeared to never look at his notes. It's a result of the way he prepares, running through mock arguments as many times as he can.

He got politely confrontational with one of the judges sitting on Hancock's former bench. "If I may finish a sentence?" Hancock asked after being cut off by the judge.

The court ruled against Carncross, who is serving up to seven years in prison. Hancock is trying to get a federal judge to review the case. Hancock got started in his opposition to the death penalty law in 1995, after he assigned his class at Syracuse University's law school to take a side and write on it. He collaborated with one student, Alycia Ziarno, and his former law clerk, Annelle McCullough, on an article for the Albany Law Review that said the law was racially and geographically biased.
Hancock went on to assist Albany lawyer Terence Kindlon on a death penalty case.

"It was a chance for him to work in the vineyard, " Kindlon said. Years before, Kindlon had become a fan of Hancock's for a precedent-setting decision the judge wrote that said the state constitution provided greater protection for people than the U.S. constitution. Ziarno worked with Hancock on two friend-of-the-court briefs on other death penalty cases. She remembers him writing out the briefs in longhand on a yellow legal pad. One was 187 pages, and he sometimes spent a half-hour on one word, worrying over the inferences people might draw from it, she said.

Hancock still teaches a class to third-year law students at SU called Problem Analysis and Appellate Advocacy. When he started his most recent semester last month, he told his students he hoped to break them out of the mentality that law school necessarily creates: that of people who manipulate the machinery of the law and have lost their common sense.
"I intend to turn you back into human beings, " Hancock told the class.
Hancock's wife, Ruth, says her husband has always buried himself in his work because he loves it so much. It's also probably his way of hiding from the world at times, she said. That may have been the case after a devastating setback Jan. 15, 2009 -- the day his 58-year-old son, Stewart Hancock III, committed suicide.

Young Stew, former publisher of Eagle Newspapers, was always watching out for his father, making sure he kept appointments and sent thank-you notes, Ruth Hancock said. The judge gave a eulogy at the funeral, saying no one could ask for a better son. He's rarely talked about young Stew's death, Ruth said, but he left her a card on the one-year anniversary. He wrote that they needed to do more for others, in young Stew's memory, Ruth said.

Hancock's colleagues say he's been doing that for years. In a Law Day speech last month in Auburn, he urged lawyers to take on the cases of poor people for free. In that speech, he did what he often does: make fun of himself. He said he was forced to retire as a judge because of the Rule of Statutory Senility. At midnight on Dec. 31 of the year a judge turns 70, he or she instantly becomes senile, according to the fictional rule. "But there is no prohibition against the judge's -- senile or not -- being a lawyer again, " he said. "The implications of this I leave to you."

************************************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34
http://www.TheFlacksReport.blogspot.com/

November 2010 Selected Events

2010-11-06T09:46:00.005-04:00

[Events which request contributions are indicated by $.]

6th November, 2010, Saturday, beginning at 5 P.M. First Saturday at the Brooklyn Museum. Look at:

http://www.brooklynmuseum.org/

18th November, 2010, Thursday at 6 P.M. N.Y. County Regular Democratic organization cocktail party. Ritz Carlton (Battery Park), Two West Str. Repondez s'il vous plait (646) 214 + 33.97. $

4th December, 2010, Saturday at noon. Samuel Tilden Democratic Club "Toys-for-Tots" fund-raiser at Paul & Jimmy's restaurant, 123 East 18th Str., Manh. Call D.L. Louise Dankberg for further info.: (212) GRamercy 5 - 53.47. $

5th December, 2010, Sunday from 5 to 8 P.M. Three Parks Ind. Dems., Inc., holiday party. Am. Youth Hostel, Amsterdam Ave. @ W. 103rd Str., Manh. All welcome.

14th December, 2010, Tuesday, 6:30 P.M. N.Y.C.L.A. dinner. The Waldorf Astoria. Info.: (212) COrtland 7 - 66.46, ext. 221. $

16th December, 2010, Thursday. Induction of and reception for Kelly Anne O'Neill Levy at the Civil Courthouse, 111 Centre Str., Manh. followed by the annual holiday party of her Club, C.F.D., at the Bromley.
_______________________________________

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.

Upper West Side's Power Depends on Democratic Vote for Governor

2010-11-01T19:02:00.001-04:00

Upper West Side's Power Depends on Democratic Vote for Governor on Tues., November 2nd, 2010.

By Joan Paylo, Dem. District Leader from Community Free Democrats, Inc.

[This article originally appeared in the C.F.D. newsletter and has been edited to eliminate local references.]

The number of votes that are cast for Governor on the Democratic Line at pollsites on the Upper West Side on November 2 will determine clubs' actual voting power for the next four years. It's that simple. We must all vote on the Democratic Line, and persuade our neighbors to do the same.

If people vote for Cuomo on any other party's ballot line, including the Working Families Party line, it will weaken our influence in what could be crucial votes locally and even statewide. In fact, because some local voters thought it would be nice to vote "for the same candidates anyway" on the WFP line, we in the 67th and 69th ADs lost some power within the party, in terms of weighted votes, last time around.

State and County Democratic Party rules weight a district's votes, based on the number of Democratic votes cast for Governor every four years. This weighting has consequences in the following instances:

1. County Committee votes when filling a vacancy for the US House of Representatives, State Senate and State Assembly. Each Election District, often just a square block, has 2, 3, or 4 County Committee members. Many of you are on County Committee, the true grassroots of the Party.

2. State Committee votes at nominating conventions for Governor, Lieutenant Governor, Attorney General, Comptroller and US Senator. State Committee is comprised of a male and a female member from each of the state's 150 Assembly Districts.

3. Supreme Court Justice nominations. As you know, delegates to the Judicial Nominating Convention are elected in the September Primary each year.

First, let's take a frank look at County Committee weighting. If, for any reason, one of our members of Congress, the State Senate, or the Assembly should not complete his or her term, the weighting of the County Committee delegation becomes all-important.

In 1992, Congressman Ted Weiss died in office, the day before the September Primary. At least a half dozen, if not a dozen, talented and qualified candidates put their names forward to replace him. Hundreds of County Committeemembers from each and every tiny Election District (ED) in the entire Congressional District met in a Convention and voted for Assemblyman Jerry Nadler to replace Weiss as the Democratic Party's nominee. It helped Jerry that the EDs supporting him had substantial weighting when votes were tallied at the Convention, because votes weren't tallied according to how many Committeemembers there were in an ED. The votes were tallied proportionally, based on how many people in each particular ED had voted for Governor on the Democratic Line in the last gubernatorial election. The same happened when candidates "ran" for the nomination to replace Jerry in the Assembly. Scott Stringer won the Democratic nomination, as did Linda Rosenthal when Scott vacated his Assembly seat to become Borough President in 2005.

That's power, derived, in part, from the number of people who voted for Governor on the Democratic Line in CFD territory. Voters can even be registered in other parties.

The same goes for State Committee. Those of us who made the trip to the Democratic Nominating Convention in Westchester County in May kvelled at the proportional voting weight that our Committeemembers from the 67th and 69th ADs carried, especially when the roll call vote for nominating Attorney General took place. The votes cast for Eric Schneiderman by Debra Cooper, Arthur Greig, Larry Hirsch and Lynn Thomas counted for more than votes cast by, say, some upstate AD that may have covered two or three counties!

Yet our State Committeemembers will tell you that their weighting has dropped somewhat in recent years because not everyone chooses to vote for Governor on the Democratic Line.

The number of delegates that an Assembly District sends to the County Judicial Nominating Convention also depends on the vote for Governor on the Democratic Line.

In my third year as Democratic District Leader, I spent a good deal of Election Day 2006 outside PS 163, the largest polling site in Manhattan, where people from Park West Village and former Mitchell-Lamas vote. For weeks I'd been writing and distributing building letters and talking up our candidates at street fairs and on street corners. As a dutiful Democratic District Leader, I had worked hard to find good workers to staff the polls. My peeps were really pumped to vote for Eliot Spitzer for Governor for a long list of reasons, especially to have a strong Democrat to dethrone George Pataki and build a Democratic majority in the Albany Senate. CFDers, out for much of the day, worked as hard as we could to hand out our palm cards and greet our neighbors by name.

But up the block, a larger number of paid workers coming in shifts from the WFP were also handing out their palm cards and talking to voters. I was devastated when so many of my "peeps" came out of the polls, smiled at me and say, "Don't worry I voted for your man!" Then they said, innocently, that they had voted on the WFP line. We had failed to explain why voting for Spitzer wasn't enough; that voting for him on OUR line was all-important. Our peeps had been picked off.

In those days of the Washington entrenchment of George Bush, voting with "working families" made an emotional statement for many Westsiders. It's true that the WFP must get 50,000 votes statewide to remain an official party, as they've been since 1998. The WFP has a point when they contend that Upstate and out on Long Island, people vote for "Working Families" who would never pull a Democratic Lever. But I want us to act locally, NOT globally here. In 2006, the WFP received 155,000, three times what they needed. THIS year, I believe, we grassroots Dems on the Upper West Side need some of those votes back.

I consider the WFP and the unions who support them my strong allies on every day but one, and that is Election Day every four years when the governorship is up for grabs.

This is my mantra: Vote for Andrew Cuomo for Governor on the Democratic Line.

Almost Half of Judge Candidates Unqualified to Run, Says N.Y.C. Bar Assn.

2010-11-01T18:54:00.002-04:00

By Elizabeth Dwoskin, Village Voice "blog" on Friday, October 29th, 2010.

Nearly half the candidates running for city judgeships in this year's general election on November 2 are unqualified to run, the New York City Bar Association said yesterday. Of the 34 candidates running in the Bronx, Manhattan, Brooklyn, and Queens, 15 are unqualified by the Bar's reckoning (There are no vacancies in Staten Island).

Judge candidates don't need Bar approval to run or to win, and as we showed in a cover story (see the image) last year, even "unqualified" candidates can turn out to be effective judges.

Still, the Bar's not high on many of this year's crop. In Brooklyn, the Bar says both candidates running for Civil Court are unqualified. Of the nine candidates running for Kings County Supreme Court, six are considered unqualified.

Former JP Morgan exec and GOP gubernatorial hopeful Rick Lazio was found to be qualified to run for Bronx County Supreme Court.

The Bar Association's annual list of ratings for local judicial candidates is serious business. After the candidates fill out a detailed questionnaire and submit it to a panel of 50 lawyers, the panel investigates the candidate through telephone interviews with "references, adversaries, and other appropriate contacts." The Bar also "reviews writing samples and researches any past disciplinary actions."

Check if a judge running in your borough gets a seal of approval from the City Bar:

Bronx County

Supreme Court

Rick A. Lazio - Approved
Thomas V. Ognibene - Not approved
Edgar G. Walker - Approved

Civil Court (1st District)

Joseph E. Capella - Approved

Civil Court (2nd District)

Linda Poust Lopez - Approved
Daniel Szalkiewicz - Not approved

Kings County

Supreme Court

Sylvia G. Ash - Approved
James P. Domagalski - Not approved
Deborah A. Dowling - Approved
Elon Harpaz - Not approved
Francois A. Rivera - Not approved
Kenneth D. Schaeffer - Not approved
Giovanni P. Silvagni - Not approved
Jeffrey S. Sunshine - Approved
Amy S. Young - Not approved

Civil Court (Countywide)

Vincent F. Martusciello - Not approved
Harriet L. Thompson - Not approved

Civil Court (7th District)

Betty Williams - Approved

New York County

Supreme Court

Karin M. Burke - Not approved
Matthew F. Cooper - Approved
George G. Janis - Not approved
Cynthia S. Kern - Approved
Jodi A. Mosiello - Not approved
Jeffrey K. Oing - Approved

Civil Court (Countywide)

David B. Cohen - Approved
Michael L. Katz - Approved
Leticia M. Ramirez - Approved

Civil Court (1st District)

Carol R. Feinman - Approved
Joan M. Kenney - Not approved

Civil Court (5th District)

Kelly O'Neill Levy - Approved

Civil Court (9th District)

Gerald Lebovits - Approved

Queens County

Surrogate's Court

Peter J. Kelly - Approved

Civil Court (Countywide)

Dennis Lebwohl - Not approved
Barry A. Schwartz - Approved

-- 30 --

The Flacks Report [26th October, 2010]

2010-10-28T17:29:00.006-04:00

Election Board Chief Fired
George Gonzalez, a career employee at the New York City Board of Elections, was fired to-day, Tuesday, 26th October, 2010. The commissioners went into executive session for "personnel matters" immediately at the start of their 1:30 P.M. regularly scheduled weekly meeting. Gonzalez, the $173,000 per year executive director of the City's Elections Board, was seen by some as the "fall guy" for the difficulties in this September's Primary election.

The reasons for his discharge are not entirely clear--it is a long story about repeated foul ups. Gonzalez, who had the technical knowledge but was not perceived as the person for the job, got his position earlier this year in a political deal with both the Bronx Democratic and Bronx Republican "regular" organizations' support. There is also a complaint against Gonzalez with the N.Y.C. Department of Investigations about how a Queens Special election (to be voted on at the same time as the up-coming General) ballot lay-out was set up. And there is the unanswered question ("We don't divulge information about personnel matters taken up in executive session" said Fred Umane [Rep.-Manh.], the most senior of the commissioners) why Gonzalez was fired the week before the November 2nd General election.

The vote to terminate Gonzalez's employment was: Nancy Mottola-Schacher [Rep.-Brooklyn], Michael Ryan [Dem.-S.I.], John Sipp [Rep.-S.I.], Gregory Soumas [Dem.-Manh.], Judith Stupp [Rep.-Queens], and Frederic Umane [Rep.-Manh.] voted in favor (six votes required to carry the motion). Abstaining were: Juan Carlos Polanco [Rep.-Bronx], Naomi Barrera [Dem.-Bronx], Julie Dent [Dem.-Brooklyn], and Jose Araujo [Dem.-Queens].

In addition, the police officers, who have the keys to open the scanners, will arrive at 5 A.M. on the day of election according to Police Commissioner Kelly. [The keys to open the scanners are all keyed alike!] For the Primary election, the N.Y.P.D. election day instruction booklet told the officers to report to the polling sites at 5:30 A.M., a fact your correspondent brought to the attention of the Commissioners of Elections last month, which resulted in a meeting of Board of Elections officials and high-ranking police brass.

The scanners and equipment are being trucked out starting today to the polling sites, so that polls ought to open on time. For the Sept. 14th Primary election the Board had only two days because the initial testing of scanners took longer than expected. And Staten Island voting machine technicians are assisting the Manhattan techs with getting the equipment ready (!).

The Flacks Report 22 October 2010

2010-10-22T15:07:00.010-04:00

"Pete" Grannis Fired by Gov.---General Election Ballot Proposals---Polls to Open on Time?---Keith Wright Strikes Out This Year---Daily News Editorial on Elections Board
*************************************************
"Pete" Grannis Fired by Gov.
Alexander "Pete" Grannis, the N.Y. State Department of Environmental Conservation Commissioner and one of our best environmentalists and public servants, was fired yesterday by the Accidental Governor. Read all about it:

http://adirondackdailyenterprise.com/page/content.detail/id/521010/DEC-commissioner-Grannis-fired.html?nav=5008

General Election Ballot Proposals

ITEMS TO BE PLACED ON THE NOVEMBER 2, 2010, BALLOT
BY THE N.Y.C. CHARTER REVISION COMMISSION:

Term Limits

Under existing charter provisions, as amended by a local law enacted by the Council in, 2008, City Council members and other elected City officials may currently serve up to three consecutive four year terms. Previously, a law enacted by voter initiative in 1993 established a limit of two four year terms for elected officials. In order to allow the electorate to choose between a two-term and a three-term limit, the Commission determined to place a proposal on the ballot to reduce the current limit of three consecutive terms for elected City officials to two consecutive full terms. Additionally, the proposal would prohibit the City Council from altering the term limit of incumbent elected officials; and provide that the proposed changes to two terms would apply to officials first elected to office after November 5, 2013.

Reducing Signature Requirements for Petitions

Voter turnout in City elections is dramatically low with only 26% of registered New Yorkers having voted in the last mayoral election. While the Commission explored a number of provisions designed to increase voter turnout, most of these would require a change in state law or the State Constitution. Some measures within the City’s jurisdiction to enact can apply only to city elections. Since virtually all city elections occur at the same time and place as state elections, the differing voting requirements present the potential for massive voter confusion. The Commission has, however, proposed a measure permitted under state law to enable candidates for City elections to get onto the ballot with a reduced number of petition signatures. The proposal reduces from 7,500 to 3,750 the number of signatures necessary to gain access to a party primary for the Mayor, Comptroller, and Public Advocate; reduces from 4,000 to 2,000 the number of signatures necessary to gain access to a party primary for Borough Presidents; and reduces from 900 to 450 the number of signatures necessary for Council members to gain access to a party primary, or to 2,700 for access to the general election ballot for independent candidates.

Consolidating the Voter Assistance Commission (VAC) and the Campaign Finance Board (CFB) and Changing the terms of CFB Board Members

The Commission is proposing to consolidate the Voter Assistance Commission with the CFB (it is now a free standing entity); restructure its membership; rename it the “Voter Assistance Advisory Committee”; and redefine certain administrative functions and responsibilities of both entities. CFB has a well-established and managed operative framework through which VAC’s impact can be enhanced. VAC already works with CFB in producing the Voters Guide and the Video Voters Guide. CFB would appoint the voter assistance coordinator and be responsible for carrying out the voter assistance functions currently listed in the Charter with the advice and assistance of VAC. The proposal will also move the commencement date for CFB members from April 1 to January 1.

Require the Disclosure of Independent Campaign Contributions

In recent years, independent expenditures by individuals or entities not working in tandem with declared candidates have become an increasingly significant part of election- related spending in New York City. To provide the public with more information about these expenditures and enhance the extensive disclosure already required of persons or entities that expend or contribute monies in conjunction with identified candidates for city office, the Commission proposes to amend the City’s renowned Campaign Finance law to require disclosure of expenditures by persons or entities who are acting independently of candidates. (This proposal involves disclosure only and does not set new contribution and expenditure limits for candidates.) The Commission’s proposal will require any individual or entity making a contribution or expenditure of $1000 or more endorsing a candidate or referendum, independent of that candidate or the proponent of the referendum, to disclose the expenditure to the CFB; require any entity similarly making a contribution of $5,000 or more to disclose the sources of the funds: and require that literature or advertisements funded by individuals or entities making independent expenditures identify the name of the individual or entity making the expenditure.

Amendments to Chapter 68, Conflicts of Interest

The Commission proposes two reforms to the Charter to increase accountability among City employees, and to prevent corruption and abuse. The Commission proposes to increase penalties for violation of the City’s conflicts of interest law and to establish mandatory training for city employees. The first penalty proposal recommends that penalties for a single conflict of interest violation be raised from a maximum of $10,000 to a maximum of $25,000. The current fine schedule has not been updated or adjusted for inflation since 1988 and it will give the Conflicts of Interest Board (“COIB”) more flexibility to finely calibrate its penalties and thereby signal the relative importance of the proscriptions in the conflicts law. The second proposal authorizes disgorgement of gains obtained as a result of any conflict of interest violation. The Commission expects that these two provisions will have a deterrent effect on conflicts of interest violations. Finally, the Commission offers a proposal that mandates that all city employees be trained in the City’s Conflict of Interest provisions within 60 days of the commencement of city employment and periodically thereafter. While the COIB has been systematically training city employees, this proposal clarifies that all employees must be trained and requires agencies to develop plans for providing training. The training may be in person or online.

Consolidating Administrative Tribunals

Adjudication of administrative violations currently take place at more than a dozen separate tribunals operated under different procedures and with differently qualified administrative law judges. This proposal provides for administrative consolidation of tribunals to streamline operations and create procedural norms. Many adjudicatory hearings are now held in-house at the regulating agency, and have been open to the perception that they lack the appearance of impartiality and independence. This proposal arose out of a 2005 Charter proposal to set a code of conduct for administrative law judges mirroring the rules applicable to state court judges. The proposal would authorize the Mayor to transfer adjudicatory functions of various tribunals to a single tribunal or agency; authorize the Mayor to convene a committee to evaluate and make recommendations regarding consolidation; authorize the Office of Administrative Trials and Hearings to handle the appointment of administrative law judges; and require a public hearing with notice before the mayor’s orders and directives go into effect. Finally, the Commission proposes the enhancement of the adjudicatory functions of the Department of Consumer Affairs by authorizing the Department to hold impartial hearings for violations of the laws the Department enforces. Currently violations of all Consumer Protection laws not related to licensed entities are adjudicated in State Court.

Reviewing Reporting Requirements and Advisory Bodies

The Commission is proposing a mechanism to review the more than 175 reports and advisory bodies established by the Charter to determine if such reports and advisory bodies are currently useful or redundant and ineffective. Many reports have become unnecessary and may be a waste of time and resources for agencies in a time of fiscal austerity. The proposal establishes a Commission on Reporting and Advisory Bodies chaired by the Mayor’s Director of Operations and additionally comprised of the City Council Speaker and two other Council members chosen by the Speaker, the Corporation Counsel, and the director of the Office of Management and Budget and the Department of Information Technology and Telecommunications. The proposal also requires the Commission on Reporting and Advisory Bodies to notify and consider input from the groups and organizations subject to or affected by these reports or advisory bodies before deciding to retain, waive in whole or in part, or dissolve a requirement or an advisory body, subject to review by the Council The new legislation would establish factors for the Commission on Reporting and Advisory Boards to consider when reviewing a reporting requirement or advisory body. The proposal also imposes a three-year waiting period before the Commission may review a new reporting requirement; and does not affect the power of the Council to repeal, limit, extend, or enhance a reporting requirement or advisory body.

Fair Share

The City’s Fair Share law was established with the goal of distributing the burdens and benefits of city facilities among local communities. In order to give more transparency to “fair share” decisions, the Commission proposes to amend Section 204(d) of the Charter to require that the map and explanatory text published by the Department of City Planning also include the locations of state and federal transportation and solid waste management facilities, as well as private transportation and waste management facilities which act as the city’s counterpart in providing a public service.

Polls to Open On Time?

On Election day, Tues., 2nd Nov., 2010, do allow extra time to vote because of the new system. Commentators don't see much hope for improvement over September's fiasco, and what with the increased numbers of voters from all parties and a gubernatorial election year, that extra time you allot yourself will be welcome. And do not let the election workers insert your ballot into the scanner. They are not to do so unless asked.

The polls should open on time at 6 a.m. because both the election day workers and the police are to report an hour earlier at 5 a.m. In the September Primary, the police, who bring the keys which open the scanners, arrived late at their previously customary time of 5:30 a.m.. because the N.Y.P.D. manual was not changed to reflect the earlier reporting time! This gross over-sight was brought to the attention of the Board of Elections Commissioners at their weekly full board meeting by your correspondent. Board personnel subsequently met with the Police Dept. to correct the matter.

Keith Wright Strikes Out This Year

County Leader Keith Wright struck out this year. He failed to get his candidates picked for judgeships for a County-wide and a district Civil Court seats or Supreme Court seats.

Daily News Editorial on Elections Board

Elections by dummies: Primary Day voting botch was even worse than we thought
Editorials: Wednesday, October 20th, 2010

Turns out that the disgusted New York City poll worker featured recently in these columns was too kind in estimating the idiot factor at the Board of Elections.
This was the gentleman who told the board at a public meeting that 15% of his colleagues had skipped or failed a basic competency test - and that one sat through the training class with his tongue hanging out beneath glazed eyes.

Well, a study out yesterday from state Controller Tom DiNapoli includes a survey showing that fully 43% of the workers entrusted to operate the machinery of democracy got no training, never completed the training or flunked the open-book test. And they weren't the only dim bulbs.

DiNapoli also found that Board of Elections honchos set different passing scores in different boroughs - accepting as few as 15 of 25 correct answers in the Bronx, Manhattan and Queens, 16 in Brooklyn and 20 on Staten Island.

Test graders in Manhattan even botched the task by using an answer key with multiple errors.

With geniuses like this in charge, it's no wonder the rollout of newfangled voting machines on Sept. 14 was such a fiasco.

DiNapoli found hundreds of polling stations that opened late, some by as much as 2-1/2 hours; at least 700 cases of equipment failure, and dozens more incidents in which poll workers steered voters wrong and violated their privacy.

All this is the responsibility of the board's executive director, George Gonzalez, who has loudly protested that the election went just fine. Heaven help the voters in November.

The Flacks Report [15 Oct. 10]

2010-10-15T23:07:00.016-04:00

Moulton Named Supervising Judge---A Precis on This Year’s Manhattan Judicial Convention---A Short Humorous Piece on Judges Salaries and Outside Jobs---New Interim Civil Court Judges—Marian Schuman, R.I.P.
* * * * * * * * * * * * * * *
Moulton Named Supervising Judge

Civil Court Judge and Acting Supreme Court Justice Peter H. Moulton becomes the supervising judge of the N.Y. County Civil Court starting next month. He replaces Jeffrey Oing, who was nominated for State Supreme Court at last month’s judicial convention.

This Year’s Manhattan Judicial Convention

Here is a precis on this year’s Manhattan (N.Y. County) judicial nominating convention. (An amplified article will be published in The Flacks Report later this year.)

Alan Flacks Reports to the Three Parks Independent Democrats:

First Judicial District Convention Results for 2010

Cynthia Kern, Jeffrey Oing, and Matthew Cooper were designated at the Sept. 21, 2010, Democratic First Judicial District (Manhattan) nominating convention to fill three vacancies on the State Supreme Court trial bench. They were among the twelve lower court N.Y.C. Civil Court judges who were considered by the delegates.

As chair of this year’s delegation from the 69th Assembly District, I am sad to report that there was no actual vote (as opposed to prior conventions) because the convention was orchestrated “Soviet style.” By the night of the convention--after a week or more of “horse trading”--the three leading candidates were Kern, Oing, and Cooper who had a majority of the delegates pledged to them. What followed was a “dog-and-pony” show: all twelve panel-screened candidates were nominated; each had a nominating and seconding speech; then each spoke briefly, and nine withdrew in favor of Kern, Oing, and Cooper. Those nine were: Saliann Scarpulla, Ellen Gesmer, Debra James, Analisa Torres, Anil Singh, Deborah Kaplan, Arthur Engoron, George Silver, and Manuel Jacobo Mendez Olivero.

Three candidates (Kern, Scarpulla, and Gesmer) were found “most highly qualified” by two prior screening panels and placed their names before the convention this year. The nine “most highly qualified” of the nineteen applicants this year, in order of the panel vote, were James, Torres, Oing, Singh, Kaplan, Cooper, Engoron, Silver, and Mendez.

The real-politic was that County Leader Keith Wright was not a “player” this year as his candidates failed to win, place, or show. Oing was backed by Assembly Speaker Sheldon Silver. Cooper was pushed by Jerrold Nadler. And Kern had the support of Tom Duane.

A Short Humorous Piece on Judges Salaries and Outside Jobs. By Emily Jane Goodman

Just when we hapless judges who haven't had a pay raise or cost of living increase for a dozen years, were giving up hope, we've been granted some relief. New York's chief judge has lifted the almost total ban on members of the judiciary earning outside income.

We've had some limited rights -- an honorarium for a lecture at a public institution, let's say, or performing a wedding ceremony for a maximum of $100 -- but there has been zero tolerance for toiling for pay in the private sector, albeit on our own time. Even Judge Judy had to leave the bench to become "Judge Judy."

Even if our salaries (which range from $119,000 to $136,700 -- and yes, our $5,000 expense stipend was doubled this year) are higher than those of most Americans, they're far lower than first-year lawyers who haven't yet been admitted to the Bar. And it really smarts to be ranked 50th in the nation for judicial compensation. Lifting the ban is a real game changer even if we still cannot practice law -- which is pretty much all we know how to do.

Still, I'm not tempted to copy the judge who back in the '70s protested the stagnant compensation of that era by selling hot dogs at the old Yankee Stadium. I don't do outdoor work.

As I started my search, I discovered that all the good jobs are listed online. I'm hardly computer savvy and job applicants must be fluent in HTML, Unicode and Photoshop.

Yet, how can I explain on computer forms or to interviewers what I've been doing for the last 25-plus years? I can't say I've been home raising children all that time. Or that I've been in jail. Or even rehab. So how about bartending?

Admittedly I have no experience, but I'm pretty sure that if I could memorize the Uniform Commercial Code, I could master the secrets of a dirty martini. Waiting to meet a friend, I did inquire at one Greenwich Village spot, but was told I'm too short. Too short? I wondered if that violates the Americans with Disabilities Act. Probably not because it seems that when they talk about "top shelf" liquor, they really mean top shelf -- which I couldn't reach.

A couple of the few remaining small stores in my Manhattan neighborhood have signs in English and Spanish seeking salespeople with retail experience. I do have a great deal of retail experience, but it's all been on the purchasing end.

Further down Broadway, the marquee at the multiplex announces, "We are always hiring... ." But the computer application had little boxes asking date of birth beginning with 1985. That meant if I was actually hired to sell or collect tickets, or dish out tubs of popcorn, I'd be taking the job from an unemployed teenager or student. So I did not press "Send."

Next I thought of Filene's Basement. I could walk to work on Saturdays and Sundays, without interfering with my day job, and save my minimum hourly wage. But one of my colleagues chastised me, saying that would be very demeaning to her. Well, then, how about the perfume counter at Saks? More upscale, but they're not hiring until the holiday season.

Still looking, I called a friend who, while serving as a judge for about 20 years, has kept active the taxi driver's license he used while in law school 40 years ago. Judges driving cabs has been a prohibited activity, but all that's changed now. Unfortunately for me, though, that license is one piece of paper I never got.

A job at Barnes & Noble would satisfy my craving for books, but could it put me into the middle of a proxy fight? Teaching would seem a natural option and I did apply to teach an undergraduate college course. I wasn't even considered, since the other piece of paper I do not have is a Ph.D.

I won't be selling hot dogs. But I can now sell my fascinating life story to a television network; I can safely deposit any advance for my book on marriage and divorce; maybe even appear in commercials as a judge of whatever's being advertised. Or if JLo backs out, perhaps I can be a judge on American Idol. After all, it's only one night a week and it pays well. The rest of the time I'll be working for the public, dispensing justice at the county courthouse.
---------------------------------------------------------------------------
Emily Jane Goodman is a state Supreme Court justice in New York County. She frequently writes about the law. This originally appeared in the Albany, N.Y., TimesUnion.com on 1st Oct., 2010.

New Interim Civil Court Judges

Mayor Mike appointed four interim Civil Court judges in Manhattan to serve until year’s end: Fernando Silva, Joanne Quinones (who used to clerk for Matt Cooper), Charles Troia, and John Zoll. The hearing by the Mayor’s Advisory Committee on the Judiciary took but 20 minutes. The wonder is why Hiz Honor would appoint people now to serve for just a few months.

Marian Schuman R.I.P.

Marian Schuman Was Always There for C.F.D.
By Joan Paylo

Marian Schuman, a founding member of Community Free Democrats and a loyal member for more than 40 years, passed away on Saturday after a long and valiant battle with cancer. A memorial service was held on September 26th, 2010.

A CFD Board Member, Marian was one of the recipients of the first Ivan Merber Outstanding Member Award at CFD's gala 30th Anniversary Dinner in 2000.

Although she began her career as a creative textile designer, Marian found a second calling at the Board of Elections, where her penchant for detail made her an invaluable employee. She brought the same perseverance, curiosity and energy to our club in so many ways. She particularly took responsibility for running club endorsement and elections procedures. Year after year, she ran for and won the position of Judicial Delegate, which she took seriously.

Marian believed in supporting her beliefs with action and was a strong addition to any peace or human rights march that CFD participated in. Of course she was a relentless petitioner, rabidly supporting candidates she believed in. In the past few years, she helped out in Assemblymember Rosenthal's office, answering phones and facilitating constituent services.

Marian stood up for what she believed in and wasn't afraid to speak out for issues and people. Although she could be relentless, she also had a great sense of irony and humor about herself. She loved to laugh.

In her last years and after her first bout with a pre-cancerous condition, Marian decided she would allow herself to enjoy life a bit more. During one petitioning period a few years ago, Marian called me to say that she wouldn't be getting many signatures that year. In fact, she said, she was calling from the stool in front of a slot machine in Vegas, and she laughed so hard then that she almost fell off her seat! This is the perfect example of Marian's loyalty to CFD and to the Democratic Party. She called her District Leader from Vegas, because the need for petition signatures, and their importance, was gnawing at her.

Just as Marian's perspective and outspoken opinions could be a breath of fresh air in a debate, she also loved the fresh air and was athletic. She rode her bike until recently and was an avid tennis player. For that reason, she was a vocal defender of the Central Park Tennis Courts and other park and environmental issues. She loved to rest in the sweetness of the West Side Community Garden to take a break from petitioning on a hot day. In her last years, she was determined to see as many friends and experience as much travel and indoor and outdoor music performances as she could.

One of Marian's best stories was of her three-week trip to Cuba about 10 years ago. She came down with an awful head cold while there, but never stopped singing the praises of the very professional free clinic and the woman doctor who treated and "cured" her, making it possible for her to enjoy her vacation.

Marian was single and had no children. Cousins, who include at least one medical doctor, have assisted her during her illness.

I, for one, will miss Marian's gruff feistiness and her bottomless commitment to fight for what she loved and believed in. Greatness, I suppose, runs on a scale. In the relatively small CFD universe, at least, Marian was a truly great, and irreplaceable, woman.

************************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34
http://www.TheFlacksReport.blogspot.com/

Michael L. Katz Chosen for Manhattan Civil Court Vacancy

2010-10-07T20:31:00.004-04:00

Extra! 7 October 2010
Michael Lee Katz was chosen to-night as the Democratic candidate for a N.Y.C. Manhattan Civil Court vacancy. Katz was selected unanimously as the two other leading candidates, Erica McDaniel Edwards and Paul Allan Goetz, withdrew because Katz had garnered the support of the majority of Party district leaders.

The selection of Katz took place at a very short meeting of the New York County Democratic Party's executive committee (comprised of the district leaders) held at County Headquarters in Manhattan. The vacancy for a County-wide Civil Court seat materialized for the November General election when incumbent Civil Court Judge Matthew Cooper was designated at the Party's Sept. 21st judicial convention for a seat on the State Supreme Court.

Katz is a law clerk to a State Supreme Court Justice. Edwards is a lawyer in a Harlem law firm and was the candidate of County Leader Assemblyman Keith Wright. Goetz, a N.Y.C. Asst. Corporation Counsel, had support in the gay community.

October Pumpkins

2010-10-05T18:51:00.019-04:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * *
7th October, 2010, this Thursday, at 6 o'clock P.M. The New York County Regular Democratic Committee executive committee (the district leaders [sic]) meet in plenary session to choose a candidate to appear on the November General election ballot for the County-wide Civil Court seat from which Matthew Cooper declined because of his nomination to the State Supreme Court trial bench at the First Judicial District's convention on the 21st inst. This meeting is open to the public. 461 Park Ave. S. @ E. 30th Str., Manh.

12th October, 2010, Tues., 6:30 - 8 P.M. City Hall newspaper's rising political stars under 40. Woolworth Tower Kitchen, Woolworth Bldg. (Barclay @ B'way). Open Bar.

14th October, 2010, Thursday, 5:30 P.M. until 7:30 P.M. Fund-raiser for Tom Duane. Leslie/Lohman Art, 26 Wooster Str. (betw. Grand & Canal Sts.). [Subways to Canal Str.] Info., ring: (646) 265+70.82. $

18th October, 2010, Monday, 6 to 8 P.M. Fund-raiser for Micah Kellner. Chez Ellenson, 360 E. 88th Str. - Apt. 21-A, Manh. (917) 250+17.48. $

22nd October, 2010, Friday at 8 A.M. City Law breakfast forum. The 2010 N.Y.C. Charter Revision Commission Recommendations. Speaker: Matthew Goldstein, Chair, Charter Revision Commission. N.Y. Law School, 185 West B'way (betw. Worth & Leonard Sts.) - 2nd Fl.

23rd October, 2010, Saturday at 7 P.M. Palm Beach County Dem. Party annual dinner. Palm Beach convention center. Info.: Mark Alan Siegel, (561) 212-80.35. $

25th October, 2010, Monday, from 5:30 to 7:30 P.M. Downtown Independent Democrats Fall fund-raiser at La Mela, 167 Mulberry Str. (betw. Broome & Grand), Little Italy. Info.: (212) SPring 7 - 15.98. $

Hold the dates:

18th November, 2010, Thursday at 6 P.M. N.Y. County Regular Democratic organization cocktail party. Ritz Carlton (Battery Park), Two West Str. Repondez s'il vous plait (646) 214 + 33.97. $

5th December, 2010, afternoon. Three Parks Ind. Dems., Inc., holiday party. All welcome.

16th December, 2010, Thursday.
_________________________________________

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.

*******************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.

Reminder: NY County Exec. Cttee. to Choose Civil Court Judge

2010-10-04T19:21:00.005-04:00

County Exec. Committee to Meet to Pick Judge

This meeting is open to the public. You are urged to contact your district leaders as to whom you support as they represent you.

The New York County Regular Democratic Party's executive committee (comprised of all the district leaders) shall meet this Thursday evening, 7th October, 2010, at 6 P.M. at the County office (461 Park Ave. S. at E. 30th Str.) to select a replacement on the November General election ballot for Civil Court Judge (a N.Y. County-wide seat). This vacancy materialized when incumbent Civil Court Judge Matthew Cooper declined the nomination because he was designated at the Party's Sept. 21st judicial convention for a seat on the State Supreme Court.

The leading contenders for the seat are: Michael Lee Katz, law clerk to B. Ruth Kapnick, J.S.C.; Erika McDaniel Edwards, an attorney in the law firm reputed to do legal work for County Leader Wright; and Paul Allan Goetz, a lawyer who works for Michael Cardozo.

Katz, "always a bridesmaid, but never a bride," is the fave of the Lex. club and Eastsiders. Edwards, who is the choice of the County Leader (and was his choice earlier for Civil Court), "resides" in the same office suite as Keith Wright's chief-of-staff and co-law chair and also his Supreme Court panel administrator. Goetz, who is an assistant corporation counsel for commercial and real estate litigation, has support in the gay community. All were reported as qualified earlier this year by the Party's Civil Court screening panel.

The Flacks Report "July" 2010 - Up-dated for Sept. 2010

2010-09-29T22:35:00.016-04:00

County Leader: Controlling the Panel?---Most Find Dems Too Liberal---County Exec. to Meet Thurs., Oct. 7th, to Select a Replacement for Matt Cooper---Another Petition Printer---Betsey and Peter---Skurnik Reports on Board of Election Petition Challenges---New NYC Board of Elections Deputy Executive Director---Joseph Force Crater
**********************************************
County Leader: Controlling the Panel?

It appears that the Keith Wright, the new County Leader, is deviating from his predecessor Denny Farrell, in attempting to control the Party’s Supreme Court Screening Panel. Without authority, Wright appointed the panel’s administrator, and has once again put the Jewish Lawyers Guild--neither a legal nor community group, but a religious fraternal organization--on the panel. Both moves were made over the objections of his own judiciary committee. More later as the story develops.

Most Find Dems too Liberal

A near-record majority of Americans believe the Democratic Party is "too liberal." That's according to a new Gallup Poll (14 June 10) that finds 49 percent of Americans believe Democrats have moved too far left. That number is up 10 points since 2008 and just 1 point shy of the all-time record set in 1994 when Democrats lost control of Congress. According to the poll, 38 percent now believe the Dems' views are "about right"—a 12 point decrease since 2008.

By comparison, 40 percent of those surveyed believe Republicans are "too conservative"—down 3 points since '08—and 41 percent believe the party's views are "about right." That number marks a 7 percent increase in the last two years.

Why the sudden reversal of fortunes? Democrats are losing the support of so-called independent and swing voters. According to Gallup, 52 percent of independent voters say Democrats are "too liberal," compared to 40 percent two years ago. It's unclear how the same voting bloc feels about Republicans. While the poll cites no specific data on this question, it reports that independents' views on the GOP has been largely consistent over the past two years.

—By Holly Bailey, senior political writer for Yahoo! News

County Exec. Committee to Meet to Pick Judge

The New York County Regular Democratic Party's executive committee (comprised of all the district leaders) shall meet next Thursday evening, 7th October, 2010, at 6 P.M. at the County office (461 Park Ave. S. at E. 30th Str.) to select a replacement on the November General election ballot for Civil Court Judge (a N.Y. County-wide seat). This vacancy materialized when incumbent Civil Court Judge Matthew Cooper declined the nomination because he was designated at the Party's Sept. 21st judicial convention for a seat on the State Supreme Court.

The leading contenders for the seat are: Michael Lee Katz, law clerk to B. Ruth Kapnick, J.S.C.; Erika McDaniel Edwards, an attorney in the law firm reputed to do legal work for County Leader Wright; and Paul Allan Goetz, a lawyer who works for Michael Cardozo.

Katz, "always a bridesmaid, but never a bride," is the fave of the Lex. club and Eastsiders. Edwards, who is the choice of the County Leader (and was his choice earlier for Civil Court), "resides" in the same office suite as Keith Wright's chief-of-staff and co-law chair and also his Supreme Court panel administrator. Goetz, who is an assistant corporation counsel for commercial and real estate litigation, has support in the gay community. All were reported as qualified earlier this year by the Party's Civil Court screening panel.

The meeting is open to the public. You are urged to contact your district leaders as to whom you support.

Another Petition Printer

Attorney Sarah Steiner has started a petition preparing and printing business in addition to her election law practice. She is at 401 East 74th Street, N.Y.C. 10021, and her telephone number is (917) 776+51.75.

Betsey and Peter

Betsey Ball and Peter Cutler were married on 3rd July, 2010, in Buffalo, New York, the bride's home town. The bridegroom works for the Buffalo City Mayor. Betsey always wanted to marry on the Fourth of July, which this year fell on a Sunday. Because the priest had masses to conduct, he requested that the couple hold the wedding ceremony the day before. The reception was at the Buffalo Country Club. The theme? Independence Day, of course: Red, White, and Blue bunting, flags, pinwheels, fireworks, favors. Red velvet cake with white icing and blue decoration. But best of all were the cards to indicate one's table at the reception. The tables were not numbered or lettered, but each had the name of a signer of the Declaration of Independence! Nice touch. Mazel Tov Betsey and Peter!

Skurnik Reports on Some Board of Elections Petition Challanges

At the risk of receiving comments that I’m once again subtly defending the indefensible, I’m presenting a report on the first 3 days of hearings on petition challenges at the New York City Board of Elections.

There were a few cases still to be heard, and some cases will be heard in court, so this report is not the final word.

Once again, it seemed to me, that there were many less challenges involving “technicalities” than in most years. Most candidates who were removed from the ballot did not appear to defend their petitions, which seems to me to mean they simply did not file enough signatures from registered voters – for example a State Senate candidate in Brooklyn’s petitions contained a total of 89 signatures when 1,000 were required.

Among of the more significant decisions made by the Board was the removal from the ballot of two incumbent Democratic District Leaders. This is the first time that I remember something like this happening.

One of the two was former Councilman Kendall Stewart from Brooklyn, who did not defend his petition. I assume the earlier report on Room 8 about Councilman Stewart’s health was a major factor in this.

The other was Martha Flores-Vasquez from Flushing, who was removed because her petition left out the word Female and only listed the position sought as Democrat District Leader when separate votes are cast for Male & Female. I leave it for others to debate whether this is a “technicality” or not.

Two other Queens candidates for Democratic District Leader were removed because they do not live in the districts in which they were running. They argued that District Leaders only have to live in their districts on Primary Day but the Board disagreed.

A few candidates were removed because their petitions contained candidates for different Assembly Districts in the same petition. This was considered a violation until a few years ago when the Appellate Court allowed it. Last year, the law was changed to once ago disallow this. I suspect that the candidates did not know the law had changed. I know that I didn’t know.

Two other cases of candidates being removed seem to have some possible significance to this year’s elections. In one case, Francisco Tirado, a Community Board District Manager, who was one of 3 candidates opposing State Senator Pedro Espada in the Democratic Primary was removed for lack of signatures and did not appear to defend.

In the other, John Tabacco, a former City Council candidate and registered member of the Independence Party, who is attempting to challenge Congressman Mike McMahon for the IP line. Mr. Tabacco did appear to defend his petitions and there were a number of technical issues raised. He is now in court trying to get back on the ballot.

New N.Y.C. Board of Elections Deputy Executive Director

For background on the new N.Y.C. Deputy Executive Director, see:

http://savinobio.blogspot.com/
http://www.wikio.com/article/52028473
http://www.nypost.com/p/news/regional/item_ohSWM7GuMLdKxMda89aR1H;jsessionid=0A6B6B59C32E20C1CF838F982F055B1B
http://www.villagevoice.com/2010-08-25/columns/anything-goes-at-nyc-s-bizarro-world-elections-board

It has been reported that the N.Y.C. Department of Investigation, the Mayor, and the Corp. Counsel are furious about Dawn Sandow’s promotion after D.O.I. apparently documented her false registration. Why haven't "Reform" district leaders in Manhattan been speaking out about Manhattan Dem. Commissioner Greg Soumas approving this deal brokered by Stanley Schlein?

http://www.villagevoice.com/2008-12-24/columns/stanley-schlein-rides-again/

Joseph Force Crater?

http://www.youtube.com/watch?v=N1dNYaZ3L50
http://www.youtube.com/watch?v=iJCTdhakjTE
http://www.youtube.com/watch?v=kh91z7m9nMI
http://www.youtube.com/watch?v=2n1_1hcB34U

**************************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.
From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34
http://www.TheFlacksReport.blogspot.com/

October 2010 Selected Events

2010-09-29T16:18:00.012-04:00

[Those events requesting contributions are indicated by $.]
* * * * * * * * * *
2nd October, 2010, Saturday. B.M.A.'s First Sat. Night until 11 P.M. Go, now that you have some time off from politics. For travel directions and events (and remember that the regular galleries are open, too), link to:
http://www.brooklynmuseum.org/visit/first_saturdays.php

7th October, 2010, Thursday, at 6 o'clock P.M. The New York County Regular Democratic Committee executive committee (the district leaders [sic]) meet in plenary session to choose a candidate to appear on the November General election ballot for the County-wide Civil Court seat from which Matthew Cooper declined because of his nomination to the State Supreme Court trial bench at the First Judicial District's convention on the 21st inst. This meeting is open to the public. 461 Park Ave. S. @ E. 30th Str., Manh.

18th October, 2010, Monday, 6 to 8 P.M. Fund-raiser for Micah Kellner. Chez Ellenson, 360 E. 88th Str. - Apt. 21-A, Manh. (917) 250+17.48. $

22nd October, 2010, Friday at 8 A.M. City Law breakfast forum. The 2010 N.Y.C. Charter Revision Commission Recommendations. Speaker: Matthew Goldstein, C.U.N.Y. Chancellor. N.Y. Law School, 185 West B'way (betw. Worth & Leonard Sts.) - 2nd Fl.

23rd October, 2010, Saturday at 7 P.M. Palm Beach County Dem. Party annual dinner. Palm Beach convention center. Info.: Mark Alan Siegel, (561) 212-80.35. $
___________________________________________
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.

Marian Schuman in Memoriam

2010-09-25T19:32:00.004-04:00

A memorial service for Marian Schuman, a founding member of Community Free Democrats, and an indefatigable campaigner and organizer, will be held this Sunday, 26th September, 2010, at 1 o'clock P.M. at the home of her cousin Ann, 520 West 19th Street (near 10th Ave.) - Apt. #2-B, Manhattan. You are welcome to make a brief statement at the service.

Results: Dem. 1st Jud. Dist. Nominating Convention

2010-09-22T19:12:00.011-04:00

In short, last night's Democratic Party's Judicial Nominating Convention for Justice of the State Supreme Court, First Judicial District (three vacancies), designated the following for the November, 2010, General Election ballot.(Further details to follow later when The Flacks Report resumes.)

Jeffrey Oing.......Matthew Cooper.......Cynthia Kern

Odds-on favorites for next year: Manny Mendez (¿Porque no Analisa Torres?) and Ellen Gesmer. And a Civil Court spot for Lex. Club favorite Michael Lee Katz.

Sept. 2010 Events & Receptions - Revised

2010-09-18T15:52:00.011-04:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * *
16th September, 2010, Thursday, from 5:30 P.M. to 9 P.M. Reception for Anil Singh. Chez Singh, 230 West 105th Str. – Apt. #13-A, just East off B’way.

19th September, 2010, Sunday:
Jeffrey Oing, 11 A.M. to 1 P.M. Grand Harmony Restaurant, 98 Mott Str. (betw. Canal & Hester).

Saliann Scarpulla, 1 P.M. to 4 P.M. Chez Nichols, 161 West 15th Str. (@ 7th Ave. ), suite #3-H. [ 7th Ave. IRT to 14th Str.]

George Silver, 1 P.M. to 4:30 P.M. Chez Moses, 610 West End Ave. @ W. 91st Str. – Apt. #5-C.

Analisa Torres, 3 P.M. to 6 P.M. Chez Zimmerman, 106 W. 119th Str. (betw. Lenox & 7th Aves.).

Cynthia Kern, 3 P.M. to 6 P.M. Woolworth Tower Kitchen restaurant, rez-de-chaussee, Cass Gilbert's Woolworth Building.

Deborah Kaplan, 5:30 P.M. to 8 P.M. Rooftop Lounge, The Winston Churchill, 300 E. 40th Str. @ 2nd Ave.

20th September, 2010, Monday:
Matthew Cooper, 5:30 P.M. to 7:30 P.M. Teamsters Local 237, 216 W. 14th Str. (betw. 7th & 8th Aves.).

Debra James, 6 P.M. to 8 P.M. Sylvia’s, 328 Lenox Ave. @ W. 126th Str. [ 7th Ave. exp. to W. 1-2-5 Str.]

21st September, 2010, Tuesday. 5:30 P.M. First Judicial District nominating convention. Harlem Hospital , Lenox Ave. @ W. 135th Str. (subway: IRT 7th Ave. 2 or 3 exp. to 135th Str.). The convention is open to the public.

22nd September, 2010, Wednesday. Hold the date: Lex. Club forum.

23rd September, 2010, Thursday, from 7:15 P.M. until 10 P.M. Jim Owles Liberal Dem. Club fund-raiser. Chez Green, 43 E. 19th Str. (betw. B'way & Park Ave. S. ), Apt. # 3. For info., call: (212) SI-1-36.77. $
__________________________________
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.

Manh. Dem. Supreme Court Picks

2010-09-08T16:54:00.005-04:00

Wright's Panel Reports
The Regular Democratic Organization's secret Keith Wright Panel for the State Supreme Court vacancies in the First Judicial District (Manhattan) reported the following nine lower court judges of the nineteen applicants as the "most highly qualified" for the positions.

Anil Singh

Analisa Torres

Matthew Cooper

Jeffrey Oing

Arthur Engoron

Deborah Kaplan

Debra James

George Silver

Jacobo Olivero

Reminder: Forum to hear these candidates and the "2/4" candidates (Saliann Scarpulla, Ellen Gesmer, Cynthia Kern) is Wednesday, 15th Sept,, '10, at Goddard-Riverside, Columbus Ave. @ W. 88th Str., Manh., at 7 o'clock P.M. (The judicial nominating convention is the following week ,Tues., 21st inst.).

September Advance Sheets

2010-09-06T09:12:00.007-04:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * *
7th September, 2010, Tuesday. 6 to 8 P.M. New York County Regular Democratic Organization cocktail party. S.I.E.U. Local 32B-J, 101 Sixth Ave. (betw. Grand & Watts Sts.) - 22nd floor. Info.: (212) MUrray Hill 7 - 65.40. $

CANCELLED:
8th September, 2010, Wednesday, 8:30 A.M. Dem. A.G. candidate forum. A.B.C.N.Y., 42 W. 44th Str. (betw. 5th & 6th Aves.).

11th September, 2010, Saturday, starting at 11:30 A.M. N.A.A.C.P. Mid-Manhattan Branch's annual luncheon at Marina del Rey in the Throgs Neck section of The Broncks. Info.: (212) RIverside 9 -23.23. $

12th September, 2010, Sunday. 4 to 7 P.M. Chelsea "Reform" Democratic Club BBQ. "Frying Pan," Pier 66 (W. 26th Str. @ the W. Side Hway.). $

12th September, 2010, Sunday. 5 to 8 P.M. Park-River Ind. Dems. fund-praiser. O'Neal's 79th Str. Boat Basin restaurant. Info.: (917) 887+93.99. $

14th September, 2010, Tuesday. 6 A.M. to 9 P.M. Democratic Primary election. Please allow yourself extra time because the new voting system is alien to all, AND we will be voting on paper ballots (unless you elect to use the "B.M.D." [Ballot Marking Device]).

15th September, 2010, Wednesday, 6:30 P.M. C.F.D Judiciary Committee Forum to hear and to question the candidates running for the three vacancies in the State Supreme Court's 1st Judicial District (Manhattan). Goddard-Riverside Phelps Ho., 593 Columbus Ave. @ W. 88th Str.

15th September, 2010, Wednesday. 5 P.M. to 8 P.M. Reception for Ellen Gesmer. Chez Carter, 65 West 13th Str. (just East of 6th Ave.), suite #10-B.

19th September, 2010, Sunday. Receptions: Saliann Scarpulla, 1 P.M. to 4 P.M. Chez Nichols, 161 West 15th Str. (@ 7th Ave.), suite #3-H. [7th Ave. IRT to 14th Str.]; and Cynthia Kern, 3 P.M. to 6 P.M. Woolworth Tower Kitchen restaurant, rez-de-chaussee, Cass Gilbert's Woolworth Building.

21st September, 2010, Tuesday. 5:30 P.M. First Judicial District nominating convention. Harlem Hospital, Lenox Ave. @ W. 135th Str. (subway: IRT 7th Ave. 2 or 3 exp. to 135th Str.).
_______________________________________________

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 Doldrums of Summer

2010-08-24T19:29:00.009-04:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * *
20th August, 2010, Friday. Last day to register to vote for the Sept. 14th Primary (must be post-marked or delivered in person).

25th August, 2010, Wednesday, 2 to 4 P.M. O.C.A. mandatory judicial campaign ethics training for all individuals seeking State-paid elective judicial office. Their campaign staff may also attend. N.Y. State Supreme Court, 60 Centre Str., Manh. Info.: (212) HAnover 8 - 25.99.

27th August, 2010, Friday, 8 A.M. City Law break-fast. Judith Kaye on juvenile justice: "Now is the Moment." New York Law School, 185 W. B'way (betw. Worth & Leonard).

Selected Events (July 2010)

2010-07-26T17:52:00.005-04:00

[Events which request contributions are indicated by $.]
* * * * *
26th July, 2010, Monday, from six to eight post meridian. New York Civic's Mid-summer "net-working" event at Mike O'Neal's 79th Str. Boat Basin Café on the River Hudson. (You do have to pay for your drinks; try the hamburgers.)

29th July, 2010, Thursday, 5:30 P.M. to 8 P.M. Three Parks Ind. Dems. "pot-luck" picnic in Central Park. The pond in the Park @ W. 103rd Str. off C.P.W. All welcome. Kindly bring comestibles or potables to share.

Advance Sheets:

6th August, 2010, Friday, 7 P.M. till. Martin Luther King Jr. Dem. Club fund-raiser. Cathedral Parkway Towers Plaza, 125 W. 109th Str. (betw. Amst. & Col. Aves.), Manh. (212) RIverside 9 - 1100 $

25th August, 2010, Wednesday, 2 to 4 P.M. O.C.A. mandatory judicial campaign ethics training for all individuals seeking State-paid elective judicial office. Their campaign staff may also attend. N.Y. State Supreme Court, 60 Centre Str., Manh. Info.: (212) HAnover 8 - 25.99.

27th August, 2010, Friday, 8 A.M. City Law break-fast. Judith Kaye on juvenile justice: "Now is the Moment." New York Law School, 185 W. B'way (betw. Worth & Leonard).

7th September, 2010, Tuesday. New York County Regular Democratic Organization cocktail party. $

11th September, 2010, Saturday, starting at 11:30 A.M. N.A.A.C.P. Mid-Manhattan Branch's annual luncheon at Marina del Rey in the Throgs Neck section of The Broncks. Info.: (212) RIverside 9 -23.23. $

12th September, 2010, Sunday. Park-River Ind. Dems. fund-raiser. O'Neal's 79th Str. Boat Basin restaurant. $

14th September, 2010, Tues. Democratic Primaryelection.
_______________________________________________

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.

Mid-Summer Nights

2010-07-16T16:18:00.016-04:00

Selected Events [Events which request contributions are indicated by $.]
* * * * *
3rd July, 2010, Saturday. Elizabeth Ann Ball marries Peter Kelly Cutler, in Tonawanda, N.Y. Proper!

3rd July, 2010, Saturday evening. First Saturday Night at the Brooklyn Museum of Art, E'ern Pkway., Bklyn.

7th July, 2010, Wednesday, 7:30 P.M. Eric Schneiderman for A.G. fund-raiser. Chez Davis et Taylor, 229 W. 12th Str., Manh. (212) CHelsea 2 - 53.01. $

12th July, 2010, Monday, 6 P.M. Summer soiree fund-raiser for Jerrold Louis Nadler, M.C. Pier 66 @ W. 26th Str., Manh. Info.: (212) 352+03.70. $

12th July, 2010, Monday, 6 P.M. Summer party for D.A. Cyrus Vance. Rare Bar & Grill, 303 Lex. Ave. @ E. 37th Str., Manh. (212) 228+52.22. $

14th July, 2010, Wednesday (Bastille Day, Juliette), 6 P.M. Liz Krueger fund-raiser. Opia Rest. & Lounge, 130 E. 57th Str., Manh. (646) 415+90.21. $

~_/)_~
18th July, 2010, Sunday eve. N.Y.C. Friends of Clearwater, Inc., annual sail. Lots o' fun! Jonathan Rubin, former president of N.Y.C. Friends of Clearwater says"The NYC Friends of Clearwater, Inc. Annual Sail costs are $5 for the Annual Sail plus $20 for membership ($15 low-income) if you aren't already a member. We meet Sunday, July 18, 2010, at 5:30 pm near the Boat Basin at 79th Street. We ask participants to bring food (fruit or dish) for 5 people. It is a really enjoyable experience where the relaxation of the water, camaraderie, song, quiet of the river, and meal is had by all. Persons participating bring friends and make new friends."
Please link to for details:
http://nycfriendsofclearwater.org/annualsail.htm

21st July, 2010, Wednesday, 6 o'clock P.M. Citizens Union N.Y.S. Atty. Gen. Dem. candidates forum. C.U.N.Y. Grad. Center recital hall, 365 Fifth Ave. @ 34th Str.

29th July, 2010, Thursday, 5:30 P.M. to 8 P.M. Three Parks Ind. Dems. "pot-luck" picnic in Central Park. The pond in the Park @ W. 103rd Str. off C.P.W. All welcome. Kindly bring comestibles or potables to share.
_____________________________________________

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.

"June Bugs" Up-dated

2010-07-08T19:55:00.015-04:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * * * * * * * *
16th June, 2010, Wednesday, 6 P.M.-on. N.A.A.C.P. Mid-Manhattan Br. annual B.B.Q. Roy Wilkins Center, 270 W. 96th Str. (betw. B'way & W.E.A.). [Culpa mea for not telling you in time, but here is advance notice of the super-duper annual luncheon--which every pol & "wannabie" attends. So be sure to mark this in your calendar now! Saturday, Sept. 11th, '10, at the Marina del Rey, Throgs Neck.]

17th June, 2010, 6 P.M. Fund-raiser for Eric Schneiderman. Info. : (212) CHelsea 2 - 53.01. $

DO NOT GO:
21st June, 2010, Monday, at 8 A.M. N.Y.S. Attorney General Dem. Primary forum: Rice, Schneiderman, Dinallo, Coffey, Brodsky. Sponsored by City Hall News. 1221 6th Ave. (48th - 49th Sts.), 50th Fl. $ Thrice we've telephoned to inquire why they are asking for money for this forum and where the money is going. We have gotten no response. We hear the candidates for free at our various clubs. Go instead to Citizens Union's free candidate forum on Wed., 21st prox., q.v.

21st June, 2010, Monday, from 4 to 8 P.M. Gale Brewer's Summer Solstice music programme. Community Garden, W. 84th Str. & Amst. Ave.

21st June, 2010, Monday, 6:30 P.M. N.Y.C.L.A. Cyberspace Law Committee. "Blogging, Internet Advertising, & the F.T.C." Jonathan Bick, Internet law and e-commerce lawyer. N.Y.C.L.A. Board rm., 14 Vesey Str. (betw. B'way & Church).

21st June, 2010, Monday, at 7 P.M. C.F.D. Judiciary Forum. Interview with members of prior Party screening panels. Goddard-Riverside Community Center, 593 Col. Ave. @ W. 88th Str.

24th June, 2010, Thursday from 6 to 8 P.M. Fund-raiser for Linda Beth Rosenthal, M.A. Chez Max, 37 W. 65th Str. - 7th fl. (betw. C.P.W. & Col. Ave.). Marcia Dickstein (917) 664+45.41 or Joan Dean (212) PLaza 7-38.08. $

24th June, 2010, Thursday, at 7:30 P.M. Hands-on demonstration by personnel from the N.Y.C. Board of Elections of the new electronic voting machines. Goddard-Riverside Community center, 593 Col. Ave. @ W. 88th Str.

26th June, 2010, Saturday, 2 until 4 P.M. Summer garden party fund-raiser for Carolyn Maloney, M.C., chez Maloney, 49 E. 92nd Str. (betw. Mad. & 5th Aves.). (212) 228+52.22. $

28th June, 2010, Sunday. Cocktails at 6 P.M.; dinner at 7:30 P.M. Metro. Black Bar Assn. fund-raiser. Steiner Studios, Stage 6. 15 Washington Ave., Bklyn. Navy Yard. Ring Dakota Ramseur at (212) WOrth 4 - 16.45. $
_______________________________________________

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.

Manhattan 2010 Civil Court County-wide Races

2010-06-14T20:27:00.002-04:00

Here is the latest on the candidates for the 2010 New York County Democratic Party County-wide Civil Court seats. Sabrina Bebe Kraus, who was considering running for a County-wide Civil Court vacancy in Manhattan, announced at a joint meeting of the Ansonia Independent Democrats and the Park-River Independent Democrats that she is not a candidate. [She subsequently sent a letter to this effect to all the district leaders.]

Verena Celestene Powell was also considering jumping in the race; but, in an Email on June 4th, she said that "[she] is not running this year."

Businessman and solo practitioner (immigration, L&T, discrimination cases) Richard Realmuto, from Washington Heights, told us that he is running for the County-wide Civil Court vacancy number 4, the same seat County-endorsed David Benjamin Cohen is seeking. Matthew Frederic Cooper, standing for re-election, and Leticia Maria Ramirez are running unopposed for County-wide seats vacancy numbers 3 and 5 respectively.

Voice of the People

2010-06-06T10:08:00.001-04:00

New York Daily News
Voice of the People for Sunday, June 6, 2010
Letters to The Editor

Boss Rule

Brooklyn Democrats aren't the only ones to act autocratically in selecting judges. In Manhattan, as reform fades away, the New York County Democratic executive committee district leaders made an endorsement on May 27 for the county-wide Civil Court vacancies. Under party rules, the executive committee may only endorse panel-screened candidates for countywide judicial seats. They adhered to this, but nevertheless, under the new leader, the endorsement was a sham, orchestrated Soviet-style, and made a mockery of democracy as each candidate was allowed one minute to speak. There wasn't even the appearance of propriety. In a welcome comparison, a forum by five downtown Democratic clubs later that night let candidates talk at length and take questions.

Alan Flacks, Manhattan

The Flacks Report [30 May 2010]

2010-05-31T23:28:00.032-04:00

Correction---Handell Rides Again---The New Class---An Illegitimate Panel?---County Endorses for Civil Court---Rangel Has a Problem---Bob Healy
*******************************************
Correction

In our last issue, we reported on P.R.I.D. members who lived in Elana Kagan's building, 320 West End Ave. Two of my usually reliable sources erred and confused 320 W.E.A. with 320 W. 87th Str. (Ted Weiss & Jerry Goldfeder lived on W. 87th). It was not Felix Frankfurter who lived across the street, but Charles Evans Hughes who was a Supreme Court Chief Justice and a Republican candidate for President. Time didn't allow for fact-checking last century's rent rolls, and we regret the error. Culpa Mea.

Handell Rides Again

Master petition printer Alan Handell has a new home. He is now with Content Critical, which acquired Astoria Graphics. Content Critical's address is:
800 Central Blvd., Carlstadt, N.J. 07072. (212) WAtkins 4-5400.

Here's how one may reach Handell:
* landline direct: (201) 528+27.85
* cell. 'phone: (646) 373+67.97
* Email: Alan.Handell@ContentCritcal.com

The New York City office is still located at 225 Varick Str. @ Houston Str. - 5th floor.
* (212) 886+96.72 ["petition line"]
* Email: Petitions@ContentCritical.com

The New Class

In the past few years, and especially this year, we have seen a "new class" of lawyers applying to our Party's screening panel for Civil Court Judge. No longer are the applicants primarily from the private sector; we see many applicants from within the court system, which was not the case historically.

In this Republican-caused recession, who could afford a cut in pay leaving private practice for the public sector, especially if one has children in schools from expensive pre-kindergarten to post-grad. programmes. This doesn't mean that people don't want to perform public service, and no doubt a few might covet the kovod (honor) of being a judge. The change is due to the salary situation. Yes, people still want to be judges, but only those lawyers who are used to low pay and can tolerate its permanency.

Further, the late Len Lerner, a lawyer respected by the entire Manhattan bench, noted that in New York County, we've established a practice of promoting people from the lower courts to the State trial bench, so that we should take a closer look at whom we are putting on the Civil Court. He preferred litigators. He said being a law clerk or ALJ, one had the case "handed" to one, and didn't have to marshal the law and facts for the judge as a trial attorney has to do.

An Illegitimate Panel?

Once again, our Party's judicial screening panel for Civil Court had an improper panelist, lawyer Evan M. Goldberg, named by the president of the Jewish Lawyers Guild (J.L.G.) which is neither a community organization nor a bar association. The County's judiciary committee voted not to ask that organization's head to designate a panelist. This is the second time this has happened.

How did this occur, your correspondent queried Curtis Arluck, the judiciary committee chair. Well, the J.L.G. asked to be on the panel, Arluck responded, adding that he (Arluck) told them that they must first obtain approval of the judiciary committee members by e-mail. But that was not done, sez he, so I (Arluck) gave the O.K. But, Curtis, sez I, you did not have that authority. I know, he responded. . . . A shadow was cast on the panel because of the inclusion of a individual who clearly did not belong there.

County "Endorses" for Civil Court

The N.Y. County Democratic executive committee (the district leaders) made an endorsement on May 27th, 2010, for the County-wide vacancies. Under the County rules, the executive committee may only endorse for County-wide judicial seats and only panel-screened candidates whose names were published previously and are re-printed here for your convenience.

Screening Panels Report---24 May 2010

Candidates for Manhattan Civil Court judgeships were reported this evening by the New York County Democratic Party screening panel and the local screening panel for the East Side's 9th Civil Court District.

* Anthony Cannataro (law clerk to J.S.C. Lottie Wilkins)

* Sabrina Bebe Kraus (a Brooklyn Housing Court Judge, and formerly with Borah, Goldstein, . . . and Kucker & Bruh)
* Gerald Lebovits (a noted Manhattan Housing Court Judge) were found most highly qualified of the applicants to the local Ninth District (vacancy #9) screening panel according to Lex. Club District Leader Lawrence Rosenstock.

The "County's" screening panel [for two Countywide "open" seats and for two "open" seats in the First and Fifth Civil Court Districts (vacancies #4, 5, 7, & 8, respectively)] found the following twelve, in alphabetical order, the "most highly qualified" of the twenty-four applicants said Judiciary Committee Chair Curtis Arluck.

* The aforementioned Anthony Cannataro
* David Benjamin Cohen (a Manhattan Housing Court Judge)
* Melissa Anne Crane (law clerk to App. Div. 1st Dept. Justice Karla Moskowitz)
* Erika McDaniel Edwards (a p.i. accident, criminal defense, and estates litigator with Donaldson, Chilliest & McDaniel)
* Carol Ruth Feinman (an Administrative Law Judge with the N.Y. State Office of Temporary & Disability Assistance)
* Paul Allan Goetz (a N.Y.C. Asst. Corp. Counsel for commercial and real estate litigation)
* Michael Katz (law clerk to J.S.C. B. Ruth Kapnick)
* Sabrina Bebe Kraus, q.v. supra
* Gerald Lebovits, q.v. supra
* Kelly Ann O'Neill Levy (law clerk to App. Term 1st Jud. Dist. Justice Sherry Klein Heitler)
* Leticia Maria Ramirez (law clerk to Civ. Ct. Judge Jose Padilla, Jr.)
* Jeanette Rodriguez-Morick (a business, anti-trust, white-collar crime lawyer with Thompson Hine, and a former Bronx A.D.A.).

In addition, two incumbent Civil Court Judges standing un-opposed for re-election, Matthew Frederic Cooper (vacancy #3, a County-wide seat) and Joan Mary Kenney (vacancy #6, First Civil Court District), were approved as "meriting continuation in office."

This executive committee endorsement was a sham, orchestrated Soviet-style, and made a mockery of democracy because each candidate was allowed one minute to speak. There wasn't even the appearance of propriety. [Later that night, a five-club forum let the candidates speak for as long as they wished and also answer questions.]

The buzz was that David Cohen was Assembly Speaker Sheldon Silver's candidate. Erika McDaniel Edwards was also rumored to be County Leader Keith Wright's pick for the second seat. However, in a surprising up-set, Edwards (who shares office space with Keith Wright's chief-of-staff and whose firm has done legal work in the past for Wright) lost to Leticia Ramirez, whose campaign manager Martin Meltzer attributed her victory to Letitia's getting out there early and working hard to meet the clubs and leaders (and for whom Carter Avery made many calls). And of David Cohen, it was said that he is a good Housing Court judge and had his own base of support, so that he could have made it without Silver's support. Matthew Cooper was unanimously endorsed.

That screening panel reported out so late (its original target date was May 1st), that most clubs couldn't make an endorsement for County-wide or the District seats. Many clubs have scheduled an early June endorsement meeting.

One club, the Three Parks Ind. Dems., met on Wed., the 26th, and endorsed Matt Cooper for re-election and David Cohen and Leticia Ramirez for the County slots, and Kelly Anne O'Neill Levy for the Upper West Side District #5 seat. The vote was:

* Kelly O'Neil Levy . . . . 79*
* Scattered . . . . . . . . 16
* No endorsement . . . 05

* Matthew Cooper . . . .58*
* No endorsement . . . 16

* David Cohen . . . . . . .28*
* Leticia Ramirez . . . . .24*
* Michael Katz . . . . . . .23
* Anthony Cannataro . .21
* Jeanette Rodriguez-Morick . 19
* Paul Goetz . . . . . . . . 14
* Erika McD. Edwards . .12
* Melissa Crane . . . . . . 09
* Sabrina Kraus . . . . . .08
* No endorsement . . . . 08

All County-endorsed candidates are running un-opposed, and in the district court seats as of this writing it looks like Kelly O'Neill Levy in the 5th, and Joan Kenney (running for re-election) and Carol Feinman in the 1st, and Gerald Lebovits in the 9th are also un-opposed. No Manhattan Primaries for Civil Court. Is this good for the Party? (It isn't for the printers.)

Rangel Has a Problem

Harlem, we have a problem. At the Three Parks club, mentioned above, all legislative candidates were endorsed on the first ballot except the 15th C.D. where Charlie Rangel received the endorsement on the third ballot. The vote was:

First Ballot:
Charles Rangel . . . . . . 48
Jonathan Tasini . . . . . .28
No endorsement . . . . . 13
Joyce Johnson . . . . . . .04
Adam C. Powell, IV . . . 02
Vincent Morgan . . . . . .01

Second Ballot:
Charles Rangel . . . . . .33
Jonathan Tasini . . . . . 28
No endorsement . . . . 06

Third Ballot:
Charles Rangel . . . . . .46
No endorsement . . . . .18

Two winters ago, new Ways and Means chair Rangel was welcomed at Three Parks like the conquering hero. Why this sea change in regard to the Congressmember inquired Three Parks member Renna Draynel of Board member Elizabeth Krob Kellner? Liz answered in one word: Ethics.

Bob Healy

It's been exactly one year since political maven Bob Healy died. While none of us is indispensable--and after we're gone, few recall us as life does go on--no one has replaced him as the photographic memory storehouse of the outer Boroughs' judicial races.

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

From ALAN FLACKS at: alphlax@yahoo.com
Tele.: (212) 840+12.34

June Bugs

2010-05-30T14:18:00.023-04:00

Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * * * * * * * * *
1st June, 2010, Tuesday, 6 to 8 P.M. Ballot Access Issues. Forum "How to Get on the Ballot--and Stay on the Ballot." Fordham U. Law School, 140 W. 62nd Str. (off Col. Ave.) - Rm. 204. Lecturer: Jerry Goldfeder, Esq., author of treatise Goldfeder's Modern Election Law, has practiced election law for 25 yrs. Free. All welcome. [CLE credits pending.]

2nd June, 2010, Wednesday, 5:30 P.M. "To Be or Not to Be." Left-winger Mark Green, Ken Knuckles, Eric Lane, Marty Markowitz, and right-winger Peter Vallone (pere) speak on Is there a need for a Public Advocate and "Beeps." Baruch College libe, 151 E. 25th Str. - 7th Fl.

5th June, 2010, Saturday after 5 P.M. until 11 P.M. The Brooklyn Museum of Art's First Saturday Night programme. In addition to the special events (link to: http://www.brooklynmuseum.org/visit/first_saturdays.php ), the Museum's regular galleries are open. There is no admission charge. IRT to Eastern Parkway station.

8th June, 2010, Tuesday. First day of petitioning.

21st June, 2010, Monday, from 4 to 8 P.M. Gale Brewer's Summer Solstice music programme. Community Garden, W. 84th Str. & Amst. Ave.

28th June, 2010, Sunday. Cocktails at 6 P.M.; dinner at 7:30 P.M. Metro. Black Bar Assn. fund-raiser. Steiner Studios, Stage 6. 15 Washington Ave., Bklyn. Navy Yard. Ring Dakota Ramseur at (212) WOrth 4 - 16.45. $
-----------------------------------------------
~_/)_~
18th July, 2010, Sunday eve. N.Y.C. Friends of Clearwater, Inc., annual sail. Lots o' fun!
____________________________
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.
****************************************
Now is the winter of our fiscal discontent
made glorious summer by this son of Mario.

Civil Court Screening Panels Report

2010-05-25T07:21:00.009-04:00

FLASH---24 May 2010

Candidates for Manhattan Civil Court judgeships were reported this evening by the New York County Democratic Party screening panel and the local screening panel for the East Side's 9th Civil Court District.

Anthony Cannataro (law clerk to J.S.C. Lottie Wilkins), Sabrina Bebe Kraus (a Brooklyn Housing Court Judge, and formerly with Borah, Goldstein, . . . and Kucker & Bruh), and Gerald Lebovits (a noted Manhattan Housing Court Judge) were found most highly qualified of the applicants to the local Ninth District (vacancy #9) screening panel according to Lex. Club District Leader Lawrence Rosenstock.

The "County's" screening panel [for two Countywide "open" seats and for two "open" seats in the First and Fifth Civil Court Districts (vacancies #4, 5, 7, & 8, respectively)] found the following twelve, in alphabetical order, the "most highly qualified" of the twenty-four applicants said Judiciary Committee Chair Curtis Arluck.

The aforementioned Anthony Cannataro, David Benjamin Cohen (a Manhattan Housing Court Judge), Melissa Anne Crane (law clerk to App. Div. 1st Dept. Justice Karla Moskowitz), Erika McDaniel Edwards (a p.i. accident, criminal defense, and estates litigator with Donaldson, Chilliest & McDaniel), Carol Ruth Feinman (an Administrative Law Judge with the N.Y. State Office of Temporary & Disability Assistance), Paul Allan Goetz (a N.Y.C. Asst. Corp. Counsel for commercial and real estate litigation).

Also Michael Katz (law clerk to J.S.C. B. Ruth Kapnick), Sabrina Bebe Kraus, Gerald Lebovits, Kelly Ann O'Neill Levy (law clerk to App. Term 1st Jud. Dist. Justice Sherry Klein Heitler), Leticia Maria Ramirez (law clerk to Civ. Ct. Judge Jose Padilla, Jr.), and Jeanette Rodriguez-Morick (a business, anti-trust, white-collar crime lawyer with Thompson Hine, and a former Bronx A.D.A.).

In addition, two incumbent Civil Court Judges standing un-opposed for re-election, Matthew Frederic Cooper (vacancy #3, a County-wide seat) and Joan Mary Kenney (vacancy #6, First Civil Court District), were approved as "meriting continuation in office."

The Flacks Report [14 May 2010]

2010-05-14T09:58:00.007-04:00

Charlie King---"Family & Friends"---City Hall "Free" Breakfast Fora---Condolences---9th Dist. Screening Panel---Elena Kagan

Charlie King

Charlie King tells this reporter, that, yes, he'll be working on the Cuomo for Gov. campaign [The Flacks Report, 25 Apr. '10]; however, if Cuomo moves into the Statehouse, he (Charlie) will not be joining his administration. "I like my independence."

"Family & Friends"

A.D.A. Daniel Cort, prosecutor of Nora Anderson, and Julia Cort, law clerk to Joan Madden. Robert Tembeckjian, administrator of the N.Y.State Commission on Judicial Conduct, and Barbara Ross, investigative reporter for the New York Daily News. John Werner, Chief Clerk, N.Y. County Supreme Court Civil branch, and Laura Werner, asst. N. Y. State Atty. Gen. in the Charities Bureau. Bernard Fried, Supreme Court Justice (Commercial Div.), and Nina Gershon, U.S. Dist. Ct. Judge, E.D.N.Y. Former N.Y.S. Court of Claims judge Joan Carey and Special Referee (Nassau County) husband Thomas Dana. Former Appellate Division (2nd Dept.) Justice Stephen Crane and daughter Melissa Crane, law clerk to Assoc. Justice, Appellate Division (1st Dept.) Karla Moskowitz. First Dept. Appellate Division Justice Dianne Renwick and husband Bronx D.A. Robert Johnson. Supreme Court Justices LeLand DeGrasse and Carole Huff. State Supreme Court Justice Carol Robinson Edmead and sister Cheryl Gonzales, Kings County Housing Court Judge.

City Hall "Free" Breakfast Fora

City Hall newspaper has, over the years, held interesting and informative breakfast fora without charge. This year the newspaper has abandoned its "freebie," now charging $65 a person. Can "coffee-and" be that expensive? Are the speakers receiving an honorarium?

Condolences

Condolences to Lisa Ann Sokoloff on the death of her mother. Speedy recovery to Judy Lauren Richheimer of C.'R.'D.C. and condolences to the family and friends of the late Harry Weider of 504 Dems, both hit by cars whilst crossing the streets of New York.

Ninth Civil Court District Democratic Party Screening Panel

Here are the panelists serving on the local 9th Civil Court Dist. screening panel. The Ninth District boundaries, f.y.i., are 7th Ave. to Lex. Ave from E. 14th Str. to E. 96th Str. (It also includes all of Central Park.)

Howard Suh, Esq.
Kaye Scholer
(Designated by: Asian American Bar Association)

Matthew Galluzzo, Esq.
Galluzzo & Johnson
(Designated by: Columbian Lawyers Association)

Jeffrey Brooks, Esq.
(Designated by: Gay Men’s Health Crisis)

Alan L. Newton
(Designated by: NAACP Mid-Manhattan Branch)

Roberta Ashkin, Esq.Ashkin Law
(Designated by: New York State Trial Lawyers Association)

Mark Yagerman, Esq.
Smith Mazure Director Wilkins Young & Yagerman PC
(Designated by: Benjamin N. Cardozo School of Law)

Ken Jockers
(Designated by: Hudson Guild)

Lucienne Bloch
(Designated by: Civitas Citizen, Inc.)

Panel Administrator:
Andrew Timothy Houghton, Esq.
Sedgwick, Detert, Moran, & Arnold
Tel.: (212) 898+40.36

Elena Kagan

What you may not know about Elena Kagan is that when she lived at 320 West End Avenue, current and former tenants were Ted Weiss, Jerry Goldfeder, Al Handell, Ann O'Shea, Jerry Koenig, and Mary Geissman, P.R.I.D. members who probably "worked her over" (along with her parents) to shape her liberal views. [Wouldn't that group (Weiss, Goldfeder, Handell, O'Shea, Koening, Geissman, and Elena, Bob, & Gloria Kagan) make a great Supreme Court!] And Felix Frankfurter once lived across the street at 325 W.E.A.

May Flowers

2010-05-09T13:40:00.028-04:00

Selected Events
[Events which request contributions are indicated by $.]
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12th May, 2010, Wednesday, 6 P.M. E.D.S.T. N.Y. County Dem. County Cttee. executive committee meeting to endorse for State-wide offices. County H.Q., 461 Park Ave. S. @ E. 31st Str. - 10th Floor.

13th May, 2010, Thursday, 6:30 to 8:30 P.M. Lenox Hill Democratic Club fund-raiser. Nat'l Arts Club, 15 Gramercy Park S. Info.: Heather Kim Leifer, (212) REgent 4 - 12.91. $

16th May, 2010, Sunday, 10 A.M. until 2 P.M. Free skin cancer screening. Roosevelt Hospital, 425 W. 59th Str. (betw. 9th & 10th Aves.).

16th May, 2010, Sunday, 8-11 P.M. Jim Owles Liberal Democratic Club fund-raiser. Elmo's Rest., 156 Seventh Ave. (betw. W. 19th & W. 20th Sts.), Manh. Info.: (212) Silvester 1 - 36.77. $

17th May, 2010, Monday, 5:30 P.M. to 8 P.M. Gale Brewer Open House at her district office, 563 Columbus Ave. @ W. 87th Str.

20th May, 2010, Thurs., at 7 P.M. Fred Samuel Dem. Club fund-raiser dinner-dance. Alhambra Ballroom, 2116 ACP, Jr. Blvd. (7th Ave. @ W. 126th Str.). (212) MOnument 2 - 31.68. $

23rd May, 2010, Sunday, 1 - 4 P.M. Village Reform Democratic Club fund-raiser at Le Souk Harem, 519 Fiorello LaGuardia Place. For info., ring (212) 995 + VRDC. $

24th May, 2010, Monday. Both the N.Y. County Democratic Party's screening panel and the local 9th Civil Court District screening panel issue their reports. Three days later, the County's executive committee (Party district leaders) will make their endorsement for two County-wide Civil Court seats. [If recent history is any guide, this endorsement has lost meaning (cf. endorsements of Tingling and Katz, inter al.) and serves mainly to force good candidates out of the race.]

Please Note the later starting time!
27th May, 2010, Thursday, at 8 P.M. Civil Court Judge candidates forum hosted by D.I.D., V.I.D., V.R.D.C., C.'R.'D.C. & Stonewall Democratic clubs. Independence Plaza community room, 310 Greenwich Str. @ Duane Str. (2 blocks N. of Chambers Str.) in the triangle below Canal. Subway: IND & 7th Ave. IRT to Chambers Str. [walk W. to Greenwich, then N. 2 blocks] All are welcome.
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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.