JOHN DEGRACE and ERIC S. BROWN, COMMISSIONERS CONSTITUTING THE NASSAU COUNTY BOARD OF ELECTIONS, Respondents, -_-_-- -_----_-_- -_-_-_---_-~

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---_--_--- -_- - -_-_------~ IN THE MATTER OF THE APPLICATION OF DANIEL FRISA, Aggrieved Candidate and Citizen Objector, Petitioner, - against- Index No ALAN SKORSKZ, CANDIDATE SEEKING THE PUBLIC OFFICE OF REPRESENTATIVE IN CONGRESS th CONGRESSIONAL DISTRICT OF NEW YORK STATE as a designee of the REPUBLICAN AND CONSERVATIVE PARTIES; AND JOHN DEGRACE and ERIC S. BROWN, COMMISSIONERS CONSTITUTING THE NASSAU COUNTY BOARD OF ELECTIONS, Respondents, -_-_-- -_----_-_- -_-_-_---_-~ BEFORE : APPEARANCES : Mineola, New York August, 0 LAWRENCE SCHAFFER, ESQ., Court Referee STEVEN G. LEVENTHAL, P.C. Attorney for Petitioner BY: STEVEN G. LEVENTHAL, ESQ., and JOHN CIAMPOLI, ESQ. SCHAPIRO & REICH, ESQS. Attorneys for Respondent Alan Skorski BY: PERRY S. REICH, ESQ. LORNA GOODMAN, ESQ., COUNTY ATTORNEY Attorney for Respondents DeGrace and Brown, Commissioners, Constituting the Nassau County Board of Elections BY: DENNIS BIANCANELLO, ESQ. Judith Cohen, RPR Official Court Reporter

2 i (The following transpired in open court, after a recess was taken) We are back on the record in the matter of the application of Daniel Frisa versus Alan Skorski, John DeGrace and Eric S. Brown, * respondents in this matter. I understand that counsel have come to a stipulation in this matter. I would ask which 0 counsel is going to place it on the record? Counsel, place it on the record, and everyone listen carefully, as questions may be asked afterwards as to that stipulation with regard to.. each party. Proceed. MR. LEVENTHAL: Your Honor, the parties are e prepared to stipulate that the Board of Elections will be directed to strike Mr. Skorski's name as a candidate for the office of Representative in Congress, Fourth Congressional District, with respect to both the Republican Party and the Conservative Party, and we would ask that this stipulation be submitted to the Judge to be so ordered. for Mr. Skorski? Is there anything further, counsel

3 MR. REICH: So stipulated. And counsel for Mr. Mr. Brown? DeGrace and MR. BIANCANELLO: So stipulated, sir. Okay. First I will ask Mr. Skorski. % Yes. 0 I address this to you. Please state your name and address for the record. Alan Skorski, Laurel Court, West Hempstead, New York. Okay. Do you understand this stipulation? I do, your Honor. Do you have any questions for your attorney with regard to this stipulation? We have -- no. No, sir. And you understand that you will not be on the ballot of the Conservative Party and the Republican Party in the Fourth Congressional District of the State of New York. I do. For the year 0. I do.

4 You understand that. I do. And do you consent to the Court making an order granting that application and to that stipulation? % Sadly, but I do. Okay. Are there any questions 0 i further that counsel for respondent wants to ask his client? MR. REICH: No, your Honor. Counsel for petitioner, any.. further questions. MR. CIAMPOLI: No, nothing further, your Honor. MR. LEVENTHAL: Nothing. Mr. Frisa, please stand. I understand that you are the petitioner, but I would ask that you state your name and address for the record, please. MR. FRISA: Daniel Frisa, The Plain Road, Westbury, New York 0. Okay. You understand the stipulation that was placed on the record? MR. FRISA. Yes.

5 . Okay. And do you have any questions with regard to that? MR. FRISA: No. And do you consent to the Court, making an order granting your application in this matter based upon the stipulation placed on the record? 0 MR. FRISA: Yes, I do. Okay. Be seated. Counsel for Mr. Skorski, do you have any questions for Mr. Frisa? MR. REICH: No.. Counsel for Mr. Frisa, do you have any further questions? MR. LEVENTHAL: No, thank you. Okay. What I will do is make a. L report to Justice Roberto with regard to this stipulation, and granting, therefore granting the application to strike Mr. Skorski from the ballots of the Conservative Party and the Republican Party in the election for the Fourth Congressional District of New York State. Is there anything further? MR. CIAMPOLI: Nothing further, your Honor.

6 I Okay. I want to thank -- and counsel for the Board of Elections, you stated previously you don't have either of the parties here, but you consent on their behalf -- MR. BIANCANELLO: Correct, your Honor. t 0 -- to this stipulation. Is there anything further that needs to be done for the Board of Elections, or you will report this and upon receipt of the order of Justice Roberto you will serve it upon those parties. MR. BIANCANELLO: That should be sufficient. Or it will be served upon you. Okay. I want to thank all counsel for conducting themselves professionally, and Court is adjourned in this matter. Let the record reflect that Exhibits A through E from the Board of Elections have been returned to Mr. Biancanello. A through F? Okay. MR. BIANCANELLO: We do have A through F. Okay. And returning to Mr. Leventhal and. MR. LEVENTHAL: Thank you. Yes, I acknowledge receipt. Okay.

7 I - 0 MR. CIAMPOLI: Thank you. - ooo - CERTIFICATION: I hereby certify that the foregoing is a true and accurate excerpt transcript of my stenographic notes taken on August, 0 in the above matter. * /#&th Cohen, RPR %fficial Court Reporter