ross v state of n.y

Ross v State of New York2021 NY Slip Op 32094(U)

September 8, 2021Supreme Court, Niagara County

Docket Number: Index No. E174521/2021Judge: Frank A. Sedita

Cases posted with a "30000" identifier, i.e., 2013 NY SlipOp 30001(U), are republished from various New York

State and local government sources, including the NewYork State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for officialpublication.

FILED: NIAGARA COUNTY CLERK 09/09/2021 10:51 AM INDEX NO. E174521/2021

NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 09/09/2021

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Presiding Justice: Hon. Frank A. Sedita,J.S.C.

STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA

WILLIAM L. ROSS,JOSHUA WALKER, NIAGARA COUNTY COMMITTEE OF THE CONSERVATIVE PARTY OF THE STATE OF NEW YORK, CONSERVATIVE PARTY OF THE STATE OF NEW YORK, and GERARD KASSAR,

Plaintiffs,

vs.

STATE OF NEW YORK, BOARD OF ELECTIONS OF THE STATE OF NEW YORK, GOVERNOR OF THE STATE OF NEW YORK, SENATE OF THE STATE OF NEW YORK, MAJORITY LEADER and PRESIDENT PRO TEMPORE OF THE SENATE OF THE STATE OF NEW YORK., MINORITY LEADER OF THE SENATE OF THE STATE OF NEW YORK, ASSEMBLY OF THE STATE OF NEW YORK, MAJORITY LEADER OF THE ASSEMBLY OF THE STATE OF NEW YORK, MINORITY LEADER OF THE ASSEMBLY OF THE STATE OF NEW YORK; SPEAKER OF THE ASSEMBLY OF THE STATE OF NEW YORK, and NIAGARA COUNTY BOARD OF ELECTIONS,

Defendants.

At a Special Term of the Supreme Court of the State of New York, in and for the County of Niagara at the Courthouse located at 775 3rd

Street Niagara Falls, New York 14301 on the 6th day of September, 2021

Index No. El 74521 /2021

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ORDER

WHEREAS, Plaintiffs, William L. Ross, Joshua Walker, iagara County Committee of the

Conservative Party of the State of ew York, Conservative Party of the State of New York and

Gerard Kassar having moved this Court an Order: declaring the S.8015-D / A.10833 now Chapter

139 of the Laws of 2020 ("Statute"), unconstitutional and for such other and further relief as the

Court deems just and proper ("Summary Judgment Motion") (Motion Sequence No. 1); and

Defendants the Minority Leader of the Senate and the Minority Leader of the Assembly

("Minority Leader Defendants") having cross-moved this Court for an Order: (1) realigning Minority

Leader Defendants with the Plaintiffs in the above-captioned proceeding; and (2) granting summary

judgment to the Plaintiffs together with such other, further and different relief as the Court may

deem to be just and proper ("Minority Leader Defendants ' Motion") (Motion Sequence No. 4); and

Defendant Lora Allen as Democratic Elections Commissioner of the Niagara County Board

of Elections ("Defendant Allen") having moved this Court for an Order dismissing Plaintiffs'

Verified Complaint ("Motion to Dismiss") (Motion Sequence No. 2); and

Defendants State of New York, Governor of the State of ew York, Senate of the State of

New York, Majority Leader and President Pro Tempore of the Senate of the State of New York, the

Assembly of the State of New York, the Majority Leader of the Assembly of the State of New York

and the Speaker of the Assembly of the State of New York ("Majority Defendants") having moved

this Court for an Order declaring the Statute constitutional and for an Order dismissing the

Complaint ("Motion for Declaratory Judgment") (Motion Sequence No. 3); and

This matter having come before this Court in person on September 3, 2021, and Woods

Oviatt Gilman LLP (William F. Savino, Esq., of counsel and Andrea K DiLuglio, Esq., of counsel)

having appeared on behalf of the Plaintiffs William L. Ross, Joshua Walker, Niagara County

Committee of the Conservative Party of the State of New York, Conservative Party of the State of

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New York and Gerard Kassar; the ew York State Office of the Attorney General's Office, Buffalo

Regional Office (Ryan L. Belka, Esq., of counsel), having appeared for Defendants State of New

York, Governor of the State of New York, Senate of the State of ew York, Majority Leader and

President Pro Tempore of the Senate of the State of ew York, the Assembly of the State of New

York, the Majority Leader of the Assembly of the State of New York, and the Speaker of the

Assembly of the State of New York; Messina Perillo & Hill, LLP O ohn Ciampoli, Esq., of counsel)

having appeared for Defendants the Minority Leader of the Senate and the Minority Leader of the

Assembly; and John J. DelMonte, Esq. having appeared remotely for Defendant Lora Allen as

Democratic Commissioner of the N iagara County Board of Elections; and Adam Fusco , Esq.

having appeared remotely for Defendant Jennifer Sandona to as the Republican Commissioner of the

Niagara County Board of Elections, and due deliberation having been had and for the reasons given

on the record at the close of argument;

NOW upon the reading of Plaintiffs' otice of Motion dated June 24, 2021, the Affirmation

of William F. Savino, Esq., dated June 24, 2021, with exhibits attached thereto in Support of

Plaintiffs' Summary Judgment Motion; the Affirmation of Ryan L. Belka, Esq., sworn to on the 26th

day of July, 2021, with exhibits attached thereto, in opposition to Plaintiffs' Summary Judgment

Motion; Minority Leader Defendants' Notice of Cross-Motion dated July 26, 2021; Affirmation of

John Ciampoli, Esq. , date July 26, 2021, in support of the Minority Leader Defendants' Motion;

Defendant Allen's Notice of Motion dated June 24, 2021, Affirmation of John J. DelMonte, Esq.,

dated.June 24, 2021, with exhibits attached thereto, in Support of Defendant Allen's Motion to

Dismiss; Affirmation of John J. DelMonte, Esq., dated July 25, 2021 in further support of

Defendant Allen's Motion to Dismiss and in opposition to Plaintiffs' Summary Judgment Motion;

Majority Defendants' Notice of Motion dated June 24, 2021; Affirmation of Ryan L. Belka, Esq.,

sworn to on the 24th day of June, 2021, with exhibits attached thereto, in support of Majority

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Defendants' Motion for Declaratory Judgment; Affirmation of William F. Savino, Esq., dated July

26, 2021, with exhibits attached thereto, in Opposition to Majority Defendants' Motion of

Declaratory Judgment; Affirmation of Ryan L. Belka, Esq., sworn to on the 10th Day of August,

2021, in Opposition to Minority Leader Defendants' Cross-Motion, and the Reply Affirmation of

Ryan L. Belka; Esq., sworn to on the 10th day of August, 2021, in further support of the Majority

Defendants' Motion for Declaratory Judgment; it is hereby

ORDERED that Plaintiffs' ummary Judgment Motion is hereby DENIED; and it is

further

ORDERED that the Majority Defendants' Motion for Declaratory Judgment is hereby

GRANTED and Election Law § 8-400(1)(b) is declared valid and constitutional; and it is further

ORDERED that Defendant Allen's Motion to Dismiss is GRANTED, and it is further

ORDERED that that portion of Minority Leader Defendants' Motion seeking realignment

is hereby GRANTED and that portion of the Minority Leader Defendants' Motion for see

summary judgment is hereby DENIED.

E TERED:

:,

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September 8, 2021

ross v state of n.y

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