Lockport Union-Sun & Journal Online

Courts

August 12, 2012

Witryol suit booted

(Continued)

Lockport Union-Sun & Journal —

Housh admitted that the New York State Board of Elections had not been properly served in that the agency did not receive the petition until July 27.

“The board of elections was served late,” Housh said. “That’s true.”

But he argued that because the petition had been filed on time that the case should be allowed to go forward, in part because the board of elections is not a relevant party in the case.

“If you order the board of elections to [throw out Moriarity’s petition of designation] it doesn’t matter whether they are a party to this or not,” Housh told Panepinto.

Ciampoli disputed Housh’s claim that the board of elections is not a relevant party.

“If you issue an order telling them what to do then they are still entitled to due process,” Ciampoli said.

But Housh, again, disagreed.

“The board of elections is not a necessary party because they are not aggrieved and they have no authority to rule on this case,” Housh said. “Only this court does.”

The attorneys also argued the merit of the case. Ciampoli and Wojtaszek suggested that it should also be dismissed because Housh had provided no evidence of the alleged fraud and that all allegations were based on information and belief, which cannot be used in fraud cases.

To prove fraud, Housh would have had to provide lists of specific signatures and affidavits with those people claiming that they had never signed and would never sign a petition for that particular candidate, Ciampoli said. He described the Witryol suit as a “fishing expedition.”

“Simply put the fraud hasn’t been sufficiently plead,” Ciampoli said. “It’s not specific and we don’t know what it is.”

Ciampoli said that while Witryol and Housh may believe the alleged fraud to be real and that it was part of some larger Republican conspiracy to manipulate the minor party line, they failed to provide sufficient proof in their pleadings.

Text Only
Courts
Featured Ads
Photos


Twitter Updates
Follow us on twitter
Front page
AP Video
Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Palestinians and Israeli Soldiers Clash Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kerry: No Deal Yet on 7-Day Gaza Truce Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow Gaza Residents Mourn Dead Amid Airstrikes Raw: Deadly Tornado Hits Virginia Campground Ohio State Marching Band Chief Fired After Probe Raw: Big Rig Stuck in Illinois Swamp Cumberbatch Brings 'Penguins' to Comic-Con Raw: Air Algerie Crash Site in Mali Power to Be Restored After Wash. Wildfire Crashed Air Algerie Plane Found in Mali Israel Mulls Ceasefire Amid Gaza Offensive
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Palestinians and Israeli Soldiers Clash Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kerry: No Deal Yet on 7-Day Gaza Truce Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow Gaza Residents Mourn Dead Amid Airstrikes Raw: Deadly Tornado Hits Virginia Campground Ohio State Marching Band Chief Fired After Probe Raw: Big Rig Stuck in Illinois Swamp Cumberbatch Brings 'Penguins' to Comic-Con Raw: Air Algerie Crash Site in Mali Power to Be Restored After Wash. Wildfire Crashed Air Algerie Plane Found in Mali Israel Mulls Ceasefire Amid Gaza Offensive
Seasonal Content
Helium debate
Helium
Section Teases

Seasonal Content
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.