When last we tuned in on the Adventures of the Erie County Vichy Greens, they were puppeting for Democratic Party HQ and trying to throw Jim DePasquale out of “their” party. Well, it seems that our intrepid collaborators were not willing to take their beating on a procedural loss (like not filing the necessary legal papers), but had to push their bogus case to the limit. Bad move. Since they insisted, Judge Michalski gave it to them in the face with both barrels. His Honor handed down a sizzling six page decision today which qualifies as “getting beaten like a rented mule.”
Synoptically, the Court ruled that Charley Tarr had standing to bring the action, but that it was not brought timely, since no papers were ever filed with the County Clerk. Even though Judge Michalski could have stopped there, he went further and rendered a decision on the merits. In this portion of the Memorandum and Order, he determined that the cancellation of DePasquale’s Green “enrollment was unjust.” The Court found the record of the Green Party hearing only contained a summary determination which “regurgitated” up the conclusory allegations of Democratic Party candidate Amber Small’s employee, complainant Amanda Huber. The judge wonders in writing whether witnesses were called or whether the evidence was “merely anecdotal.” Michalski just doesn’t know, because nothing was offered by Charley Tarr. Against this complete lack of evidence the Court had an affidavit from DePasquale “clearly manifesting his support for the Green Party platform.” Following a nice application of available case law, the Judge decided that DePasquale may not be stripped of his Green Party enrollment or removed from the ballot. This is a complete, total, thorough and absolute victory for Jim DePasquale who will be the Green Party candidate for the New York State Senate in District 60 on November 8. It is rare to see such a clean sweep decision in Election Law matters. For those unbelievers, here’s the whole decision to read for yourself: depasquale-decision
We will be trying to contact the Vichy Green leaders and their fellow collaborators for follow up comments.