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Friday, March 6, 2009

Corrupt Administrative Judge Stayed by Appellate Division

Appeals court blocks order for PAC tied to White Plains mayor to open books
The Journal News by Keith Eddings - March 5, 2009

WHITE PLAINS, NEW YORK - An effort by city Democratic leaders to force a local Political Action Committee tied to Mayor Joseph Delfino to make its financial records available stalled last week when an appeals court blocked - at least temporarily - a lower court's order. The Appellate Division issued the stay to give the PAC time to make its case that state Supreme Court Justice Francis Nicolai had usurped the powers of the state Board of Elections. Nicolai ordered the Year 2001 Committee PAC to make its ledgers, bank statements, checking accounts, bills and vouchers available to the Democrats. Guy Parisi, a lawyer for the PAC, said courts cannot rule on disputes over campaign finance before the Board of Elections does. Parisi also argued that forcing the PAC to open its books would endanger "the preservation of the two-party system." He said the documents the Democrats are seeking "relate to internal affairs of a rival political party and are not required to (be) filed with the Board of Elections." The Elections Board requires candidates and political parties and committees to file regular financial disclosure forms detailing their fundraising and spending. It does not require them to file bank statements, bills and other financial documents, but they must keep those documents for five years. 

The Appellate Division delays Nicolai's order until it can fully consider arguments from both sides. To get the stay, Parisi had to convince the court that the PAC was likely to win the case. Tim James, a lawyer for the Democrats, looked for a silver lining. He noted that the court gave Parisi only a month to submit his arguments, which he called "the shortest leash imaginable." "I'm disappointed by the stay, but I feel that the court heard and understood what I was saying when I made the point that the (PAC) is pursuing a strategy of delay designed to stretch this out so that Mayor Delfino can get safely past the next election," he said. Delfino, a Republican, declined to comment. Democratic leader Liz Shollenberger, who is Tim James' wife, and four other Democrats filed the lawsuit in May after The Journal News detailed the PAC's ties to Delfino's campaign organization, Friends of Mayor Joseph Delfino. Delfino and the PAC hold joint fundraisers and have shared a post office box, staff and donor lists.

11 comments:

Anonymous said...

was it the Second Dept that granted the stay? nicolai may be corrupt too but Opening up Campaign Finance Records Especially for Judicial Elections would seem to be a Fundamental First Step Requirement in Cleaning up NY's Corrupt System of Electing Judges.

victim of Nicolai said...

The Appellate Division is wrong to stay anything Nicolai does. Nicolai is King Frank. He does what he wants, when he wants, and to whomever he wants. The law doesn't matter a lick in Judge-less Nicolai's courtroom. Those Appellate Division judges better be careful, Frank Nicolai, and his lawless band of animals in the 9th JD, are very vicious. Frank Nicolai gets mad AND he gets even.

white plains clerk said...

Anonymous is correct-- OPEN ALL THE BOOKS!! but Nicolai went beyond his authority-- something he's quite familiar with and about which he is rarely questioned. I think Nicolai is on his way out. Long over due. Don't let the door hit you on the way out, Frankie boy.

Anonymous said...

Leave Frank Nicolai alone. He's a great man. It matters little that he breaks the law and hangs with known mobsters; he takes care of his friends. And those friends are very loyal to him. For a cash price, of course.

west c.o. said...

No matter what happens to the actual case, Nicolai is still corrupt. The damage he has done in the 9th JD will take years to calculate.

wp atty said...

The 9th J.D> is so bad it will never, never be cleaned up. Frank is a rotten apple.

Anonymous said...

Start the clean up with Westchester. And if Lippman can't do it, bring in federal agents.

Anonymous said...

It's quite awful that certain judges have participated in trashing our system of law and order. It makes you really appreciate the honest judges.

Anonymous said...

to the above...

Truth be told... The reason we do what we do.. is because we hold them in esteem higher than they hold themselves...

Sad really... It shouldn't be this difficult to remove the corrupt judges and heal the system......

fed up said...

Bring in the federal government. It's been done before, when a state system is so bad and corrupt!

Anonymous said...

get rid of judge klein too he is horrible

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               Video of 1st Hearing on Court 'Ethics' Corruption
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