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#1503774 --- 08/20/17 10:18 PM Re: DA candidate's false residency statements? [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
No conspiring "helpme", Just thought it was interesting that Judge Affronti's office was on the same floor as Judge Ark's and that the Affronti's are donors to Casella's campaign and are related to Mr. Casella. It is what it is.

Remember Casella's first news release where he berated Ms.Gardner for mistakes in her petitions for County Judge? I would call it Karma that he is the one with all the "mistakes" in this contest.
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"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1503786 --- 08/21/17 05:40 AM Re: DA candidate's false residency statements? [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 203
Loc: dresden
Casella's petitions were cleared by the court, Gardner had hers tossed out because she chose a person that was known to get signatures by her handlers. That's your KARMA.

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#1503791 --- 08/21/17 08:17 AM Re: DA candidate's false residency statements? [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
Try re-wording that so it makes some sense.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1503887 --- 08/22/17 02:01 PM Re: DA candidate's false residency statements? [Re: newsman38]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4873
Loc: Fourth Estate
Gardner supporter files with Appellate Division: Parties in the suit expect it to be heard by the Appellate Division Aug. 23, the case being expedited because of the approaching Primary Election date, Sept. 12.

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#1503984 --- 08/23/17 10:09 PM Re: DA candidate's false residency statements? [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
Waiting to read your followup story!
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504011 --- 08/24/17 08:36 AM Casella listed wrong address: court [Re: Mean Gene]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4873
Loc: Fourth Estate
MEMORANDUM AND ORDER

SUPREME COURT OF THE STATE OF NEW YORK: Appellate Division, Fourth Judicial Department

IN THE MATTER OF PENELOPE J. MARCHIONDA,
PETITIONER-APPELLANT,

V

TODD J. CASELLA, CANDIDATE, YATES COUNTY BOARD
OF ELECTIONS, AND ROBERT F. BRECHKO AND AMY J.
DAINES, COMMISSIONERS CONSTITUTING THE BOARD OF
ELECTIONS, RESPONDENTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Yates County (John J.
Ark, J.), entered August 17, 2017 in a proceeding pursuant to the
Election Law. The order denied the petition, validated the
designating petition of respondent Todd J. Casella and directed
respondent Yates County Board of Elections to place respondent Todd J.
Casella’s name on the ballot as a candidate for the office of District
Attorney of Yates County for the Republican Party primary on September
12, 2017.

It is hereby ORDERED that the order so appealed from is
unanimously reversed on the law without costs, the petition is
granted, the designating petition is invalidated, and respondent Yates
County Board of Elections is directed to remove respondent Todd J.
Casella’s name from the ballot as a candidate in the Republican Party
primary election
for the office of District Attorney of Yates County, to be held on September 12, 2017....

we conclude that Supreme Court erred in denying
the petition, validating the designating petition, and ordering that
the Board place Casella’s name on the ballot as a candidate for the
District Attorney of Yates County in the Republican Party primary
election (see Matter of Eisenberg v Strasser, 100 NY2d 590, 591;
Matter of Fernandez v Monegro, 10 AD3d 429, 430). We agree with
Marchionda that she established that Casella did not reside at the
address that he listed as his residence on his designating petition
...Here, the
evidence adduced at the hearing established that Casella had moved
from the address listed on his designating petition months prior to
the petition’s circulation....

we reject Marchionda’s contention that Casella’s
designating petitions for the Independence Party and the Reform Party
must be invalidated because he failed to designate himself as either a
notary public or commissioner of deeds when he notarized various
sheets of those petitions. The failure of Casella to identify himself
as such “constituted a mere technical defect

Entered: August 23, 2017
934
CAE 17-01476
PRESENT: CENTRA, J.P., NEMOYER, TROUTMAN, AND WINSLOW, JJ.







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#1504033 --- 08/24/17 12:34 PM Re: Casella listed wrong address: court [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
Thank you for publishing the decision newsman. Without seeing the paperwork I am guessing he managed to get his address correct on the Independence and reform party filings.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504064 --- 08/24/17 09:26 PM Re: Casella listed wrong address: court [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 203
Loc: dresden
No MG he didn't get the address correct on the Independence and reform party filings, they were invalidated for notary mistakes, the petitioner failed to contest the address on the petitions when she filed her objections to them with Board of Elections if she had Casella would of lost those 2 party lines leaving Gardner the only one running. Petitioner who was coached by Gardner in filing the objections was given "BAD LEGAL ADVISE" therefore leaving Casella on the ballot, they spent a small fortune on their fruitless attempt but failed. Now they will watch the voters of Yates County elect Todd Casella as the next Yates County District Attorney, I just love it when a plan comes together.


Edited by helpme (08/24/17 09:29 PM)

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#1504068 --- 08/24/17 10:30 PM Re: Casella listed wrong address: court [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
Wrong again helpme, I read the objections on those two petitions, same argument was made as the Republican line. Now the Court of Appeals will look at why the other two lines were not treated the same way. I don't know who's plan it was but it appears flawed.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504069 --- 08/24/17 10:52 PM Re: Casella listed wrong address: court [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
helpme, Why didn't your man go out and secure a mere additional 300+ plus signatures to appear on an independent line recently? That would have put him on the ballot no matter what the outcome of the court cases on the other three petitions.

The Answer: Because he would have to put his correct address on the petition and it would contradict his prior petitions and testimony in court.

Then there is the ability to get the required 300+ votes. Apparently he has a counting problem also. He keeps saying they collected a 1,000 votes on his petitions. I guess 700 some is close enough to some one who doesn't want the truth to get in the way of his story.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504074 --- 08/25/17 06:02 AM Re: Casella listed wrong address: court [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 203
Loc: dresden
MG maybe you better read the decision again it doesn't say that, Gardner and her supporter missed their chance to knocked him off all party lines. That's right your little ace in the hole and her partner just paid mucho bucks to their high priced lawyer and for what to take one party line from Casella and leave him with two more, I guess that's what happens when two shade tree lawyers try to do a real lawyers job, they just got Casella elected. I just love it when a plan comes together, don't you mean MG?

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#1504076 --- 08/25/17 07:01 AM Re: Casella listed wrong address: court [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
helpme, perhaps someone can paste those two items originally filed with the Board of Elections. I have read them and the address issue is clearly contested on them both as it was on the Republican line. Either your eyesight is bad or your reading comprehension is lacking!
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504085 --- 08/25/17 11:35 AM Re: Casella listed wrong address: court [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 203
Loc: dresden
MG once again you are wrong the issue of address was not and can not be addressed on the 2 parties, also Casella is going to the Court of Appeals to get the Republican line back which he will, I'm sure when this latest court ruling comes down Val will be singing the blues on some local well built bar. I just love it when a plan comes together.

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#1504100 --- 08/25/17 04:43 PM Re: Casella listed wrong address: court [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
Yep, I am sure Casella planned on using three different addresses on his petitions and having his lawyer not tell the truth before the court. I will be surprised if the Court of Appeals even takes his appeal, a unanimous court ruling based on clear case law is tough to over come.

But then again you always had your own way of interpreting things. Stay calm, let it play out. smile
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504110 --- 08/25/17 07:46 PM Re: Casella listed wrong address: court [Re: Mean Gene]
French Pastry Offline
Junior Member

Registered: 05/15/17
Posts: 14
Well, it appears now Casella doesn't have a leg to stand on!! He is off the Republican line...Maybe now he'll go play in some other sandbox!!

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#1504134 --- 08/26/17 11:19 AM Re: Casella listed wrong address: court [Re: helpme]
Sam the Sham Offline
Senior Member

Registered: 04/14/00
Posts: 674
Loc: USA
Originally Posted By: helpme
Casella is going to the Court of Appeals to get the Republican line back which he will


According to the article on the front page of FL1, Casella stated he will abide by the latest decision and continue his campaign on the third party lines. Are you saying he's lying to the press now?

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#1504138 --- 08/26/17 01:22 PM Re: Casella listed wrong address: court [Re: newsman38]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2744
Loc: Yates County
If that's what he told the press either he is lying or the FL Times is lying. I don't think the FL times has been accused of being fake news!!!

Casella came out of the gate spinning lies and keeps racking them up.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1504141 --- 08/26/17 04:28 PM Re: Casella listed wrong address: court [Re: helpme]
helpme Offline
Member

Registered: 11/15/13
Posts: 203
Loc: dresden
Originally Posted By: helpme
No MG he didn't get the address correct on the Independence and reform party filings, they were invalidated for notary mistakes, the petitioner failed to contest the address on the petitions when she filed her objections to them with Board of Elections if she had Casella would of lost those 2 party lines leaving Gardner the only one running. Petitioner who was coached by Gardner in filing the objections was given "BAD LEGAL ADVISE" therefore leaving Casella on the ballot, they spent a small fortune on their fruitless attempt but failed. Now they will watch the voters of Yates County elect Todd Casella as the next Yates County District Attorney, I just love it when a plan comes together.
UPDATE When Gardner and supporter realized that Casella was still in the race and knowing she didn't have a chance in hell of defeating him they decided to go the Court of Appeals, Casella then counter her and also filed a appeal to win back his Republican line back. I'm sure the best man will prevail.

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#1504142 --- 08/26/17 07:14 PM Re: Casella listed wrong address: court [Re: helpme]
French Pastry Offline
Junior Member

Registered: 05/15/17
Posts: 14
Helpme, you are appropriately named!! Casella doesn't stand a chance!! Exactly what have you been ingesting?!?!

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#1504146 --- 08/26/17 10:29 PM Re: Casella listed wrong address: court [Re: Mean Gene]
gassy one Offline
Senior Member

Registered: 09/27/16
Posts: 1946
Originally Posted By: Mean Gene
If that's what he told the press either he is lying or the FL Times is lying. I don't think the FL times has been accused of being fake news!!!

Casella came out of the gate spinning lies and keeps racking them up.


The appeals court did rule in Casella’s favor on another issue regarding his petitions for the Independence and Reform parties. Marchionda had challenged those petitions as well, saying Casella’s notary public acknowledgments were improper, but Ark ruled the failure constitutes “inconsequential error.”

The appeals court backed that ruling.

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