Judge Throws Out Frivolous Lawsuit By Dems

On August 29, 2013 NYS Supreme Court Justice Robert DiBella dismissed the frivolous lawsuit brought by local Democratic Party leaders on behalf of candidates for Westchester County Legislator in their attempt to disenfranchise voters in six legislative districts and prevent Republican candidates from appearing on the ballot for the November election.

The lawsuit challenged Republican candidate petitions from districts 1, 2, 5, 7, 9 and 14. One of the plaintiffs heading the challenge was Peekskill Democratic Party Chairwoman Marina Ciotti on behalf of candidate Duane Jackson who is challenging John G. Testa in the District 1 race. The other incumbent challenged was Bernice Spreckman from Yonkers. The remaining districts named contain challengers projected to have a strong chance of unseating incumbent Democratic legislators.

Judge DiBella made it clear that the proceeding was an attempt to “circumvent” the law and was “untimely” and “oxymoronic.”  He also considered the action to be “without merit.” Additionally, the candidates whose petitions were being challenged were never properly notified of the filing of the suit.

“I have had candidates in the past do some very unsavory and underhanded things to try and get elected,” County Legislator Testa remarked, “but I have never had an opponent actually try to stop the election from taking place so they could win by default,” added Testa. “For the local Peekskill Democratic Party to have a hand in such a despicable attempt to deny voters their constitutional right to vote is unconscionable. They should be ashamed of themselves,” Testa said.

Peter Tripodi, candidate for County Legislator in District 9 said, “Since my involvement in local politics I have never witnessed such a pathetic attempt to disenfranchise voters.  With games like this being played too often by some political operatives, it’s no wonder that many people my age don’t vote or get involved in politics. Despite such distractions I am continuing to take my case to the voters of District 9 showing that my opponent walked out of voting on the budget and how she has been a pawn of party politics since being elected to the legislature.”

Peekskill Republican Committee Chairman, Vincent C. Vesce, added, “ With Westchester’s citizens concerned with so many important issues that affect their daily lives, it is hard to imagine that there are political leaders such as Peekskill’s Democratic Chairwoman who are determined to quash open and fair political debate by filing absurd lawsuits that would essentially nullify an upcoming election. By dismissing this case, justice has prevailed and the voters in Westchester will be all the better for it.”

About Legislator John G. Testa

John G. Testa, a life-long resident of Peekskill, began his first term on the Westchester County Legislature in January 2010. Prior to his successful run for the District 1 Legislative seat, he served 3 terms as Mayor of Peekskill from January 2002 until December 2007. Before becoming mayor he also served a four-year term as a Councilman. From his first days in office Testa worked tirelessly to set the City on the path of economic stability. Peekskill flourished under this plan, increasing the city fund balance to its highest in history. During John’s tenure in office, the NY State Comptroller’s Office named Peekskill one of the most fiscally sound municipalities in the State; independent auditors proclaimed Peekskill as being in its best fiscal condition in over 30 years; and Moody’s Investor Service agreed to upgrade its bond rating, resulting in further savings. The plan he put in place was so successful that it enabled the City of Peekskill to pass three budgets in a row with a 0% tax increase. These fiscal skills will prove valuable to Testa as he works to put the brakes on what has been wildly escalating county spending and unchecked government growth. He has pledged his efforts to work to consolidate services, eliminate wasteful spending and improve efficiency. In addition to the fiscal conservatism that served Peekskill so well, Testa worked to promote the city, attracting investment, jobs and an increased tax base. Over $100 million of private investment came to Peekskill in the forms of new residential construction, retail space, and the redevelopment of historic structures. As Mayor, Testa led a successful battle to stop the unfair and unsafe plan to send sewage to the Peekskill plant from outside the sewage/water district. John’s roots are deep within the soil of Northern Westchester. His father’s family has lived here for more than a century and his mother’s family is nearing that mark. He is proud that he was born in Peekskill and has lived and worked here all his life and, with his wife Nancy raised their two children here.
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1 Response to Judge Throws Out Frivolous Lawsuit By Dems

  1. Pingback: Positively Cheaters | News from County Legislator John G. Testa

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