Nassau IP
07-08-2005, 02:51 PM
FLASH !!!
The Appellate Division of the New York State Supreme Court took a decisive step towards resolving litigation brought by the ousted Chairman of the Nassau County Independence Party, James L. Kapsis, against the legitimate Nassau County Committee of the Independence Party chaired by Elizabeth J. Peragine. Everyone following the litigation has long since believed that the County Committee would never get a fair trial before Supreme Court Judge Elaine Jackson Stack.
Last year Judge Stack signed more than four Restraining Notices (in cases put before her by Kapsis) that prevented the legitimate Independence Party County Committee from supporting its candidates, one of which opposed Justice Stack's personal Law Secretary - while Kapsis was permitted to bombard Nassau County's mail boxes with a blizzard of un-authorized Independence Party literature, paid for by Democratic supporters.
The Nassau County Independence Party asked Judge Stack to recuse herself from presiding over these cases due to her financial dealings with Kapsis and due to the role that Kapsis played in her 1999 campaign for Nassau County Supreme Court Judge, and for many other circumstances which called into question Judge Stack's impartiality.
The cases before Judge Stack were joined by the New York State Independence Party and its chairman, Frank MacKay, in an effort to stop Kapsis from interfering with Party matters and to bring to an end Kapsis' never ending efforts to undermine the legitimate leadership of the Nassau County Independence Party.
In the motion for recusal of Judge Stack, it was pointing out, among other things, that Judge Stack's campaign committee had sent a $2,000.00 check to the home of Mr. Kapsis. It was also pointed out that Kapsis's attorneys were having ex-parte communications with Judge Stack about issues before her, and that Judge Stack's law secretary was personally working, hand-in-hand, with Kapsis, in connection with her own campaign, while these cases were pending before Judge Stack. All of which created an atmosphere of intense prejudice against the County Committee and the perception that the County Committee would not get a fail trial before Judge Stack.
In a January, 2005 Decision and Order Judge Stack refused to recuse herself. Fortunately, however, in a unanimous decision released yesterday, the Appellate Division's 2nd Department reversed her January, 2005 Decision and ordered her off the cases.
The cases will now be reassigned to a new judge - ending Kapsis's disgraceful claim that his Chairmanship of the Independence Party is: "IN THE BAG".
The Appellate Division sited statements made by the Judge's Law Secretary (now a family court judge) during her induction ceremony which took place during the pending Kapsis litigation before Judge Stack.
Hope Zimmerman, Judge Stack's law secretary, lauded Kapsis for his efforts to get her elected and referred to him as: "the Chairman of the Independence Party" - a fraudulent claim that Kapsis was counting on Judge Stack to legitimize.
In the blizzard of literature sent out by Kapsis, during Judge Stack's law secretary's campaign, Kapsis stated: "Hope Zimmerman is Jackie Stack's Law Secretary"... "That Says it All."
Apparently, the Appellate Division agreed.
See the full Appellate Division Decision
by clicking on the following link:
The Appellate Division of the New York State Supreme Court took a decisive step towards resolving litigation brought by the ousted Chairman of the Nassau County Independence Party, James L. Kapsis, against the legitimate Nassau County Committee of the Independence Party chaired by Elizabeth J. Peragine. Everyone following the litigation has long since believed that the County Committee would never get a fair trial before Supreme Court Judge Elaine Jackson Stack.
Last year Judge Stack signed more than four Restraining Notices (in cases put before her by Kapsis) that prevented the legitimate Independence Party County Committee from supporting its candidates, one of which opposed Justice Stack's personal Law Secretary - while Kapsis was permitted to bombard Nassau County's mail boxes with a blizzard of un-authorized Independence Party literature, paid for by Democratic supporters.
The Nassau County Independence Party asked Judge Stack to recuse herself from presiding over these cases due to her financial dealings with Kapsis and due to the role that Kapsis played in her 1999 campaign for Nassau County Supreme Court Judge, and for many other circumstances which called into question Judge Stack's impartiality.
The cases before Judge Stack were joined by the New York State Independence Party and its chairman, Frank MacKay, in an effort to stop Kapsis from interfering with Party matters and to bring to an end Kapsis' never ending efforts to undermine the legitimate leadership of the Nassau County Independence Party.
In the motion for recusal of Judge Stack, it was pointing out, among other things, that Judge Stack's campaign committee had sent a $2,000.00 check to the home of Mr. Kapsis. It was also pointed out that Kapsis's attorneys were having ex-parte communications with Judge Stack about issues before her, and that Judge Stack's law secretary was personally working, hand-in-hand, with Kapsis, in connection with her own campaign, while these cases were pending before Judge Stack. All of which created an atmosphere of intense prejudice against the County Committee and the perception that the County Committee would not get a fail trial before Judge Stack.
In a January, 2005 Decision and Order Judge Stack refused to recuse herself. Fortunately, however, in a unanimous decision released yesterday, the Appellate Division's 2nd Department reversed her January, 2005 Decision and ordered her off the cases.
The cases will now be reassigned to a new judge - ending Kapsis's disgraceful claim that his Chairmanship of the Independence Party is: "IN THE BAG".
The Appellate Division sited statements made by the Judge's Law Secretary (now a family court judge) during her induction ceremony which took place during the pending Kapsis litigation before Judge Stack.
Hope Zimmerman, Judge Stack's law secretary, lauded Kapsis for his efforts to get her elected and referred to him as: "the Chairman of the Independence Party" - a fraudulent claim that Kapsis was counting on Judge Stack to legitimize.
In the blizzard of literature sent out by Kapsis, during Judge Stack's law secretary's campaign, Kapsis stated: "Hope Zimmerman is Jackie Stack's Law Secretary"... "That Says it All."
Apparently, the Appellate Division agreed.
See the full Appellate Division Decision
by clicking on the following link: