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Going Where
the Commission to Investigate Public Corruption & Preet Did NOT:
New York's Election Law, Cross-Endorsements,
& Sham Third Parties
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* *
CJA's challenge to judicial cross-endorsement &
judge-trading deals -- 1990-1991
CASTRACAN v. COLAVITA
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SUPREME COURT - ALBANY COUNTY
(Index#:
6056/90)
Order
to Show Cause, signed September 26, 1990 by Westchester County Supreme
Court Justice Louis C. Palella, with
Verified Petition of Mario Castracan &
Vincent Bonelli
Exhibit A: Republican Certificate of Nomination
Exhibit B: Democratic Certificate of Nomination
Exhibit
C: Objections to the Republican Party Certificate of Nomination,
Exhibit
D: Objections to the Democratic Party Certificate of Nomination
Exhibit
E: Specifications to Objections to Republican Certificate
Exhibit F: Specifications to Objections to Democratic Certificate
Exhibit G: Three-Year Judge Trading Deal
Eye-Witness Affidavit
of Vincent Bonelli, October 14, 1990
Eye-Witness Affidavit
of Eli Vigliano, Esq., October 14, 1990
Eye-Witness Affirmation
of David Cohen, Esq., October 5, 1990
Petitioners' Affidavits of Service (8)
Verified Answer & Objections in Point of Law of Respondent Colavita,
October 11, 1990
Verified Answer of Respondents Mehiel, Westchester Co. Democratic Committee
& Weingarten, October 10, 1990
Petitioners'
Notice of Rejection of Defectively-Verified Pleading of Respondent Mehiel, Westchester Co.
Democratic Committee & Weingarten, served October 12, 1990
Verified Answer of Respondent Brevetti
Verified Answer & Cross-Motion of Respondent Nicolai,
October 10, 1990
Verified
Answer of Respondent Miller, October 11, 1990
Verified Answer of Respondent Emanuelli, October 10, 1990
Verified Answer of NYS Board of Elections
Verified Answer of Westchester Co. Board of Elections, October 11, 1990
Verified
Answer & Objections in Point of Law of Respondent Parisi
Affirmation in Opposition of Respondent Mehiel, Westchester Co. Democratic
Committee, & Weingarten
Motion to Dismiss of Respondent Miller,
supporting affirmation of Miller,
supporting affirmation of Dranoff
Decision of Albany County Supreme Court Justice Lawrence Kahn, dated October
16, 1990, so-ordered October 17, 1990
APPELLATE
DIVISION, THIRD DEPARTMENT
(Appeal #62134)
PETITIONERS-APPELLANTS'
NOTICE OF APPEAL,
October 17, 1990
PETITIONERS-APPELLANTS'
BRIEF,
October
16, 1990
Cover
Table
of Contents
Brief
PETITIONERS-APPELLANTS'
RECORD ON APPEAL:
Cover
and Table of Contents
PETITIONERS-APPELLANTS'
ORDER TO SHOW CAUSE FOR A PREFERENCE OF THE APPEAL, signed October 22,
1990, WITH DORIS SASSOWER'S SUPPORTING AFFIRMATION
Exhibit A: Doris Sassower's October 19, 1990 letter to Clerk, Appellate
Division, 3rd Dept.
Exhibit B: Clerk's October 19, 1990 letter to Doris Sassower
New York State Board of Election's Cross-Motion, October 25, 1990
Exhibit D: NYS Board of Election's 1990 Candidates List for
General Election
Miller's Cross-Motion, October 25, 1990
Westchester Board of Election's Opposing Affirmation, October 25, 1990
Opposing Affirmation on behalf of Emanuelli, October 28, 1990
Exhibit A: NYS Board of Election's May 25, 1990 letter to Eli Vigliano
Opposing Affirmation on behalf of Nicolai, October 25, 1990
Opposing Affirmation on behalf of Mehiel, Weingarten, & Westchester Co.
Democratic Committee, October 23, 1990
DORIS SASSOWER'S AFFIRMATION IN REPLY AND IN OPPOSITION TO CROSS-MOTIONS,
October 28, 1990
Exhibit
A: New York League of Women Voters' Alert, "Cross-Endorsement
Case Should be Heard"
Exhibit
B: Eli Vigliano's November 1, 1989 letter to Governor Cuomo
Exhibit
C: NYS Board of Elections' October 17, 1990 letter to Vigliano
Exhibit D: returned envelopes: May 25, 1990, June 12, 1990
Exhibit E: "Six Judicial Seats Are on Nov. 6 Ballot", NYT, 10/28/90
Exhibit F: 1990
ballot & illustrative modified ballot
AFFIRMATION OF ELI VIGLIANO, October 28, 1990
Appellate Division, 3rd Dept decision, October 30, 1990 (Kane, Casey,
Weiss, Mikoll, Mercure)
NYS Board of Election's October 31, 1990 letter
NYS Board of Election's November 2, 1990 letter
DORIS SASSOWER'S NOVEMBER 2, 1990 LETTER TO CLERK, APPELLATE DIVISION
November 13, 1990 letter from Appellate Division Clerk to Doris Sassower
November 14, 1990 letter from counsel Dranoff to Appellate Division Clerk
Appellate Division, 3rd Dept. decision, November 13, 1990 (Kane,
Casey, Weiss, Mikoll, Mercure)
Respondent New York State Board of Election's Opposing Brief
Exhibit A: Board of Elections' May 25, 1990 Determination
Respondent Westchester Board of Election's December 12, 1990 letter
Respondent Emanuelli's Opposing Brief, December 17, 1990
Respondent Miller's Opposing Brief, December 14, 1990
Respondent Nicolai's Opposing Brief
Respondents Colavita's and Parisi's Opposing Brief
Exhibit 1A: "A surrogate election for 1989 calendar",
Gannett,
Exhibit 1B: "Bush's brother urges DioGuardi to run again",
Gannett, 5/789
Exhibit 1C: "Parties may share judicial candidates", 6/7/89
Exhibit 1D: "Party leaders repackage deal on judges", 8/23/89
Exhibit 2: "NYS Board of Elections' May 25, 1990 letter to Eli
Vigliano, Esq. & determination
Opposing Brief of Respondent Westchester Democratic County Committee,
Mehiel, and Weingarten, December 13, 1990
PETITIONER-APPELLANT'S REPLY BRIEF, January 24, 1991
Exhibit 1: "State Supreme Court justice resigns", Gannett, 8/7/90
Exhibit 2: "Judicial deal survives last-minute shuffle",
Gannett, 8/8/90
Exhibit 3: pp. 22-28 from Sassower's October 28, 1990
affirmation, with exhibits B-D therein
Exhibit 4: Debates in the 1846 constitutional convention
Errata Sheet to
the Reply Brief
PETITIONERS-APPELLANTS'
SUPPLEMENTAL RECORD ON APPEAL:
Cover
&
Table
of Contents
AMICUS
APPLICATION OF NAACP LEGAL DEFENSE AND EDUCATIONAL
FUND
NAACP/LDEF's
February 8, 1991 letter to the Appellate Division
Appellate
Division's February 11, 1991 letter
Appellate
Division's February 21, 1991 decision
NAACP/LDEF's
March 1, 1991 letter
DORIS
L. SASSOWER'S ORAL ARGUMENT BEFORE THE APPELLATE DIVISION
March
21, 1991
Appellate Division's May 2, 1991 Decision/Order (Mahoney, Mikoll,
Levine, Crew III, Harvey)
PETITIONERS-APPELLANTS'
MOTION FOR REARGUMENT/RENEWAL, RECUSAL, LEAVE TO APPEAL TO THE COURT OF
APPEALS, July 25, 1991
Exhibit A: Appellate Division's May 2, 1991 decision/order (Mahoney,
Mikoll, Levine, Crew III, and Harvey)
Exhibit B: Appellate Division's order, dated and entered May 15,
1991
Exhibit
C: October 31, 1990 letter of NYS Board of Elections
Exhibit D: Affidavits of Service for Specifications of Objections
Exhibit E: Multi-party endorsements of Appellate Division panel
Exhibit
F: Doris Sassower's October 19, 1990 letter to Appellate Division
Exhibit
G: Appellate Division's October 19, 1990 letter
PETITIONERS-APPELLANTS'
MEMORANDUM OF LAW IN SUPPORT OF REARGUMENT/RENEWAL, RECUSAL, LEAVE
TO APPEAL TO THE COURT OF APPEALS,
July
25, 1991
Respondent New York State Board of Election's Cross-Motion, August 2, 1991
Respondent Emanuelli's Cross-Motion, August 12, 1991
-- accompanying
Memorandum of Law
Respondent Miller's Affirmation in Opposition & Support of Board of
Election's Cross-Motion, August 8, 1991
-- accompanying
Memorandum of Law
Respondent Nicolai's letter to Appellate Division, Third Dept. Clerk, August
15, 1991
Respondent Colavita's Cross-Motion, August 12, 1991
Respondent Parisi's Cross-Motion, August 12, 1991
ELI
VIGLIANO'S AFFIRMATION IN REPLY AND IN OPPOSITION, August 15, 1991
Exhibit
A: Appendix to Constitutional Provisions in the Record
Exhibit
B: Appellants' Memorandum in Support of Subject Matter Jurisdiction
as of Right
Exhibit
C: Eli Vigliano's July 5, 1991 letter to Court of Appeals
August 22, 1991 letter from Assistant Deputy Clerk to Eli Vigliano, Esq.
DORIS
L. SASSOWER'S OMNIBUS AFFIDAVIT IN OPPOSITION TO RESPONDENT'S
CROSS-MOTION FOR SANCTIONS, September
6, 1991
Exhibit A: August 12, 1991 transcript of the decision of Westchester
County Supreme Court Justice Vincent Gurahian in Sady v. Murphy,
so-ordered August 13, 1991
Exhibit B: August 21, 1991 decision & order of Appellate Division,
2nd Dept in Sady v. Murphy
(Mangano, Thompson, Sullivan,
Lawrence)
Exhibit
C: Eli Vigliano's August 23, 1991 letter to the Judges of the NY Court of Appeals
Exhibit
D: Ct of Appeals' August 28, 1991 order in Sady v. Murphy
Exhibit
E: item from Gannett, 9/12/90
Exhibit
F: September 28, 1990 letter from Rockland County Sheriff
Exhibit
G: "State Supreme Court justice resigns", Gannett, 8/7/90;
"Judicial
deal survives last-minute shuffle", Gannett, 8/8/90
ELI
VIGLIANO'S AFFIRMATION IN REPLY AND IN OPPOSITION TO LATER CROSS-MOTIONS
BY RESPONDENTS OTHER THAN NYS BOARD OF ELECTIONS, September 6,
1991
PETITIONERS-APPELLANTS'
REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO REARGUE OR,
ALTERNATIVELY, FOR LEAVE TO APPEAL TO THE COURT OF APPEALS
Exhibit A: August 12, 1991 letter from Westchester Co. Board of Elections
pertaining to specifications
of objections to conservative party designating petition for Terry Ruderman
to Family Court
Appellate Division's October 17, 1991 Order (Mahoney, Mikoll, Levine, Crew
III, Harvey)
NEW
YORK COURT OF APPEALS
PETITIONER-APPELLANTS' NOTICE OF ENTRY OF ORDER,
June 20, 1991
PETITIONERS-APPELLANTS'
NOTICE OF APPEAL BY DORIS L. SASSOWER, P.C.,
June 20, 1991
June 28, 1991 letter from Respondents Mehiel, Westchester Co. Democratic
Committee, and Weingarten to Court of Appeals Clerk
Eli Vigliano's July 5, 1991 letter to Court of Appeals Clerk
July 2, 1991 letter from Respondent Miller to Court of Appeals Clerk
PETITIONER-APPELLANT'S SIGNED CONSENT TO CHANGE ATTORNEY, July 11, 1991
PETITIONER-APPELLANT'S' NOTICE OF APPEAL, July 11, 1991
PETITIONERS-APPELLANTS'
JURISDICTIONAL STATEMENT,
July 11, 1991
July 16, 1991 letter from Court of Appeals Clerk to Eli Vigliano, Esq.
ELI
VIGLIANO'S letter to the Court of Appeals, transmitting PETITIONERS-APPELLANTS'
MEMORANDUM IN SUPPORT OF SUBJECT MATTER JURISDICTION OF RIGHT,
August
1, 1991
•
Appendix
to Constitutional Provisions in the Record
•
Contents
of Transmitted File
Respondent New York State Board of Election's letter to Eli Vigliano, August
2, 1991, enclosing motion to dismiss the appeal and for sanctions
Respondent New York State Board of Election's Motion for Sanctions, August
2, 1991
Respondent Miller's Affirmation in Support of Motions to Dismiss Notice of
Appeal and for sanctions, August 8, 1991
Letter from Respondent Nicolai supporting Board of Elections motion to
dismiss appeal and for sanctions, August 15, 1991
Letter from Respondent Emanuelli supporting Board of Elections motion to
dismiss appeal and for sanctions, August 20, 1991
Letter from Respondent Board of Elections to Court of Appeals Clerk, August
27, 1991
ELI
VIGLIANO'S AFFIRMATION IN OPPOSITION,
September
7, 1991
Exhibit A: August 12, 1991 transcript of the decision of
Westchester County Supreme Court Justice
Vincent Gurahian in Sady v. Murphy,
so-ordered August 13, 1991
Exhibit
B: Eli Vigliano's July 5, 1991 letter to Court of Appeals
Court of Appeals' October 15, 1991 decision and order
Letter from Respondent Board of Elections to Eli Vigliano, Esq., dated
October 22, 1991
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