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COUNTY OF RENSSELAER
NORTH GREENBUSH DEMOCRATIC COMMITTEE
ANSWER
MOTION TO DISMISS
AFFIRMATIVE DEFENSES
INDEX No. SC-9043
Plaintiff,
-against-
JEFFREY SPAIN.
Defendant,
The Defendant, Jeffrey Spain by and through his attorney, A. Joshua Ehrlich, Esq., as
and for a Motion to Dismiss, Answer and Affmnative Defenses herein respectfully alleges:
I.
1. The Plaintiff fails to state a cause of action upon which relief can be granted.
2. The Plaintiff North Greenbush Democratic Committee, in its fund raising and
§ 14-100.4 of the Election Law. The committee's receipts and expenditures are
generally governed under Article 14 of the Election Law of New York State. Since this
is an Election Law action, it must be brought pursuant to Article 16, specifically § 16-
100, § 16-102 and § 16-114, of the Election Law or Article 78 of the CPLR. In either
II.
AS AND FOR A SECOND MOTION TO DISMISS
4. The Defendant repeats and realleges each and every allegation contained in
5. There are no parties to this action residing in the City of Rensselaer. In fact all reside in
ill.
7. Defendant repeats and realleges each and every allegation contained in paragraphs
Committe. The Defendant was the Chair from October Of2007 to October of2009.
This action was brought to invole and use the Court in a political dispute s well as an
attempt to punish the defendant for ousting the current leadership two years ago.
9. It has long been held that courts should not intervene or interfere with the internal
workings ofa party (Bloom v. Notaro, 67 N.Y.2d 1048, 1986; Bachmann v. Coyne 99
A.D. 2d 742, 2nd Dept., Iv. den. 61 N.Y.2d 607, 1984; Essenberg v. Kresky, supra).
IV.
10.The Defendant repeats and realleges each and every allegation contained in
accounting. Under the relevant case law, Hellamnv. Ploss, 46A.D 658,(2nd Dept.
County District Court 1974); Kaminsky v. Kahn,20 NY2d 753 (1967); Raabv.Bowrey
Savings Bank, 77 Misc.2d 1054 (NYC Civ. CT.1974); There is no grounds for small
accounting.
v.
AS AND FOR A FIFfH MOTION TO DISMISS
13. The Defendant repeats and realleges each and every allegation contained in
14.In this instance where the North Greenbush Democratic Committee account as turned
over to the Treasurer in 2008, it watf; discovered that several checks were written and (fL-
cashed by the committee principals. A demand ~for documentation was ignored. ~.
15. Essentially, the plaintiffs come into this Court with unclean hands, accusing the
Defendant of doing just ~t they did be~ they turned over control of the acco~
16. Therefore the case should be dismissed.
VI
18. The responrnsible party for control of a political or constituted committee under the
election law is the treasurer (see Article 14, §14-102, §14-104, 4-106, et.seq . New
19. In this case the Treasurer has not been named nor is he a party or witness to anything
in this action. Without his testimony, evidence of the transactions cannot even be
VII.
21. The Defendant repeats and realleges each and every allegation contained III
22.If the funds in question were improperly disbursed, which the defendant maintains
were legal expenditures of the Committee under law, why have the recipients not
23 .Upon information and belief, no demand has been made on the recipients to recover
24.The recipients here would seem to be necessary parties as well and therefore should
vm.
AS AND FOR A EIGHTH MOTION TO DISMISS
26. The Defendant repeats and realleges each and every allegation contained in
committee may be expended for any lawful purpose. Such funds shall not be
29. In the instant case, Mr Spain paid Committee bills and donated money to charity in
accordance with the law and the opinions of the State Board of Elections.
30.Not one cent of the money went for his personal use nor did he profit in any way by
these transactions.
VERIFICATION
STATE OF NEW YORK)
ss.:
COUNTY OF RENSSELAER)
Jeffrey Spain, being duly sworn, deposes and says: that he is the Defendant in the within
proceeding; that he has read the foregoing Amswer, Motion to Dismiss and Affirmative
Defenses and knows the contents thereof; that the same is true to his own knowledge, except as
to matters therein stated on information and belief, and that as to those matters, he believes it to
be true.
~«~
Sworn before me this 8th day of JltIll!My, 2009
A. Joshua Ehrlich
NOTARY PUBLIC STATE OF NEW YORK
02EH5045357
Qualified in Albany County
My Commission Expires July 8, 2011
RENSSELAER CITY COURT
COUNTY OF RENSSELAER
NORTH GREENBUSH DEMOCRATIC COMMITTEE
SUPPLEMENTAL ANSWER
MOTION TO DISMISS
AFFIRMATIVE DEFENSES
INDEX No. SC-9043
Plaintiff,
-against-
JEFFREY SP AlN.
Defendant,
The Defendant, Jeffrey Spain by and through his attorney, A. Joshua Ehrlich, Esq., as
and for a Supplemental Motion to Dismiss, Answer and Affirmative Defenses herein respectfully
alleges:
IX .
SMALL CLAIMS
1. The Defendant repeats and realleges each and every allegation contained in
under Article 14 of the Election Law and the General Associations Law (Book 18A,
corporation, public benefit corporation, school district or school district public library
and no assignee of any small claim shall institute an action or proceeding under this
article, nor shall this article apply to any claim or cause of action brought by an insurer
in its own name or in the name of its insured whether before or after payment to the
insured on the policy." (Book 29A, Part 3 McKinney's 2009, emphasis added)
5. Furthennore, the CPLR and the Unconsolidated Laws indicate that an action of this
nature must be brought in Supreme Court, with all of the necessary index, filing and
service fees and requirements met. In any event, the plaintiffs lack standing to sue in
this Court.
Mailing address
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--------------------:A8 Capitol Station
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