__________________________________________ JANE BONNER.

an Aggrieved Candidate,

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK

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Index No.: 11-24047 Petitioner, -against-

SUFFOLK COUNTY BOARD OF ELECTIONS
Respondents, and

NOTICE OF ENTRY RAYMOND D. NEGRON,
Respondent. For an order pursuant to Election Law Sections 16-100 and 16-102, invalidating the Republican Designating Petition of Respondent Negron purporting to name him as a candidate for the Public Office of Council Member, Council District 2, Town of Brookhaven, At the Primary Election to be held on the 13th day of September, 2011

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SIRS: PLEASE TAKE NOTICE that annexed hereto is a true copy of a Notice of Entry of an Order of the Supreme Court of the State of New York, County of Suffolk, which was duly entered with the Clerk of said Court on August 12, 2011. Dated: Rocky Point, New York August 15,2011 STEVEN E. LOSQUADRO, P.C.

S~ ~ADRO,ESQ. Attorney for Petitioner 649 Route 25A, Suite 4 Rocky Point, N.Y. 11778 To: Raymond D. Negron, Esq. Attorney Pro Se 234 North Country Road Mount Sinai, New York 11766 Suffolk County Attorney Attorney for Respondent Suffolk County Board of Elections 100 Veterans Memorial Highway Hauppauge, New York 11788

INDEX No. 11-24047 SUPREME COURT - STATE OF NEW YORK LAS PART 6 - SUFFOLK COUNTY PRESE N T: Hon. Gary J. Weber MOTION DATE July 27, 2011 Acting Justice of the Supreme Court Motion Seq # 001

In the Matter of the Application of JANE BONNER, an Aggrieved Candidate, Petitioner, -againstSUFFOLK COUNTY BOARD OF ELECTIONS, Respondents, and R.,LI,.YMOND D. NEGRON, Respondent. For an order pursuant to Election Law Sections 16-100 and 16-102, invalidating the Republican Designating Petition of Respondent Negron purporting to name him as a candidate for the Public Office of Council Member, Council District 2, Town of Brookhaven, at the Primary Election to be held on the 13 rh day of September, 2011. STEVEN E. LOSQUADRO, ESQ. and WILLlA.M DlJFFY, ESQ. Attorneys for Petitioner JANE BONNER 649 Route 25A, Suite 4 Rocky Point, New York 11778

CHRlSTINE MALAFI Suffolk County Attorney by: LEONARD G. KAPSALIS, ESQ. Assistant County Attorney Attorney for Respondent Suffolk County Board of Elections H. Lee Dennison Building 100 Veterans Memorial Highway P.O Box 6100 Hauppauge, New York 11788-0099 Rl\YMGNTI D. :Nt:GRON, ESQ. Attorney Pro Se 234 North Country Road Mount Sinai, New York 11766

BACKGROUND This is a Petition brought on by Order to Show Cause pursuant to Election Law Section 16-102 seeking the invalidation of a designating petition naming Raymond D. Negron as a candidate for the nomination of the Republican Party for the Public Office of Council Member, 2nd Town District, Town of Brookhaven (described in the subject petition as Brookhaven Town Board, Ward 2). I have the orig.nal Order to Show Cause dated July 27,2011 and returnable August 2, 2011 together with its supporting papers dated July 26,2011. I also have the "Reply/Answer of the Respondent Raymond Negron dated August 1,2011, by Raymond D. Negron, Esq. (The Page 1 of 4

Respondent Raymond D. Negron is an attorney and represents himself), as well as the Verified Answer of the Suffolk County Board of Elections by Leonard G. Kapsalis, Esq. and the Verified Return of the Suffolk County Board of Elections dated July 29,2011 which has been marked as Petitioner's Exhibit #1. The Court held a hearing on the matter on August 5, 2011, August 9, 2011, August 10, 2011 and August 12,2011. This proceeding has been brought by a rival candidate for the same position, one Jane Bonner, (hereinafter "The Petitioner") as against the Respondent, the said Raymond D. Negron (hereinafter "the Respondent"). A large number of the pages and signatures contained in the Petition were witnessed by the Respondent in his capacity as a notary public. It would appear that there is presently pending at the Suffolk County Board of Elections a Commissioner's Ruling concerning this same Designating Petition. However, no judicial proceeding has been b .ought before this Court relative to that aspect of the matter. THE TESTIF):'lNG WITNESSES The Petitioner called the following witnesses:
1.

2. 3. 4. 5. 6. 7.

Raymond D. Negron (The Respondent) William Kennedy Lucille Palermo Mark Slavis Patricia Marelli Lawrence Marelli Matthew Sabatello

The Respondent called the following two witnesses on August 12, 2011:
1.

2.

Raymond D. Negron Ernest Frances

The Respondent testified as follows on August 5, 2011: "Did you have a specific way that you got them (the signers) to sign the Petition? No, just objectively speaking I would like their signature to qualify to run for Town Board". Page 2 of 4

';

William Kennedy testified that he was a signer of the Petition at page 107, line 10 as was his wife, Nancy Kennedy at page 107, line 9. Mr. Kennedy testified to the effect that the Respondent did not really ask information or invoke any ceremony beyond asking he and his wife to sign the Petition. The testimony of Lucille Palermo (signer at page 106, line 3), Mark Slavis (signer at page 115, line 2), Patricia Marelli (signer at page 42, line 7) and Lawrence Marelli (signer at page 42, line 8) was all to the same effect. The Court also heard testimony from one Matthew Sabatello, but his testimony touched on another unrelated and, I think, under the circumstances, irrelevant topic. The Court finds the testimony of all of the witnesses to have been credible in so far as it is quoted and summarized as above. FTh1DIN"G OF FACT
An examination of the Designating Petition reveals that the Respondent is his capacity as a notary public collected large numbers of signatures within relatively short periods of time.

This, together with the credible testimony above described leads the Court to conclude that the Respondent, as a general practice, did not go beyond the mere solicitation of signatures from the signers of this Designating Petition when he gathered them in his capacity as a notary public. CONCLUSIONS OF LAW The signatures ol tained by the Respondent-Candidate in his capacity as a notary public were-not obtained in conformity with Election Law Section 6-132 and are invalid. In the Matter of Lebron v. Clyne,65A.D.3rd 801, 883 N.Y.S.2d 833 (2009) the Appellate Division, Third Department held, in part, "The signatories were not sworn, questioned about the statements contained in the petition or asked to affirm the truth of the information set forth therein. Nor did the notaries public and commissioners of deeds make any effort to obtain from the signatories either an affirmation or acknowledgment as to the truthfulness of their statements (see Election Law Section 6-132 [3J; Matter of Liebler v. Friedman, 54 AD3d 697, 697-698 [2008J; Matter of lmre v. Johnson, 54 AD3d 427,428 [2008]. Thus, Supreme Court properly invalidated the petitions." Petitioner has proved that the Respondent Candidate himself witnessed 6 signatures in violation of Election Law Section 6-132.

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In Drace v. Sadegh and the Westchester County Board of Elections 844 N.Y.S.2d 314, 43 A.D.3rd 2481 (2nd Dept. 2007), the Appellate Division, Second Department held that a Designating Petition "may be invalidated when there is a finding that the candidate has participated in or is chargeable with knowledge of fraud in procuring signatures for a Designating Petition, even if there is a sufficient number of signatures independently of those fraudulently procurred. " Particularly damaging in this regard is the Respondent-Candidate's own testimony relative to the method employed by him in obtaining signatures which clearly did not meet the standards established either statutorily by Election Law Section 6-132 or the decided case law pertaining to it. The remaining contentions of the parties are either without merit or moot. ORDER The petition is granted and the Designating Petition is invalidated; and it is further ORDERED, That the Designating Petition filed with the Suffolk County Board of Elections designating Raymond D. Negron as a Republican Party candidate for public office of Councilman, Town of Brookhaven, 2nd District, is invalid and the Suffolk County Board of Elections is directed to refrain from placing his name on the ballot for that office in the Primary Election to be held on September 13,2011, and it is further ORDERED, that Petitioner's attorney serve a copy of this memorandum decision and order with notice of er .try on all counsel as soon as may be practicable; and it is further ORDERED, that this memorandum decision and order shall constitute the order of the Court. Dated: August 12,2011

Gary J. Weber, Acting J.S.C. Final Disposition - Scan

For the sake of expedited Appellate review the Exhibits introduced by the parties have been included with the Court file.

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JANE BONNER, an Aggrieved Candidate, Index No.: 11-24047 Petitioner, -againstSUFFOLK COUNTY BOARD OF ELECTIONS Respondents, and

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK

RAYMOND D. NEGRON, Respondent. For an order pursuant to Election Law Sections 16-100 and 16-102, invalidating the Republican Designating Petition of Respondent Negron purporting to name him as a candidate for the Public Office of Council Member, Council District 2, Town of Brookhaven, At the Primary Election to be held on the 13th day of September, 2011

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NOTICE OF ENTRY

STEVEN E. LOSQUADRO, BY:

P.e.

STEVEN E. LOSQUADRO, ESQ. ATTORNEY FOR PETITIONER Office and Post Office address, Telephone

649 Route 25A Rocky Point, New York 11778 (631)-744-9070

Yours, etc. Steven E. Losquadro, P.C.

STEVEN

E. LOSQUADRO