| Jastrzemski v Public Campaign Fin. & Election Commn. of the State of N.Y. |
| 2020 NY Slip Op 50869(U) [68 Misc 3d 1205(A)] |
| Decided on March 12, 2020 |
| Supreme Court, Niagara County |
| Boniello, III, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Joseph Jastrzemski, as Candidate for the Office of Niagara County Clerk and
as Voter and Taxpayer of Niagara County and New York State; COLIN J.
SCHMITT, as Candidate for the Office of New York State Assembly and as Voter
and Taxpayer of Orange County and New York State; JOSHUA WALKER, as Voter
and Taxpayer of Niagara County and New York State; WILLIAM L. ROSS, as
Acting Chairman and Member of the Niagara County Committee of the
Conservative Party of the State of New York, and as Voter and Taxpayer of
Niagara County and New York State; NIAGARA COUNTY COMMITTEE OF THE
CONSERVATIVE PARTY OF THE STATE OF NEW YORK; CONSERVATIVE
PARTY OF THE STATE
OF NEW YORK; GERARD KASSAR, as Chairman and Member of the Conservative
Party
of the State of New York and as Voter and Taxpayer of Kings County and New
York State, Plaintiffs,
against The Public Campaign Financing and Election Commission of the State of New York; MYLAN DENERSTEIN, JAY JACOBS, DeNORA GETACHEW, JOHN NONNA, ROSANNA VARGAS, CRYSTAL RODRIGUEZ, HENRY BERGER, DAVID PREVITE and KIMBERLY GALVIN, as Commissioners of the Public Campaign Finance and Election Commission of the State of New York; THE STATE OF NEW YORK; THE BOARD OF ELECTIONS OF THE STATE OF NEW YORK; PETER S. KOSINSKI, DOUGLAS A. KELLNER, ANDREW J. SPANO, and GREGORY P. PETERSON, as Commissioners of the Board of Elections of the State of New York; GOVERNOR OF THE STATE OF NEW YORK; THE ASSEMBLY OF THE STATE OF NEW YORK; SPEAKER OF THE ASSEMBLY OF THE STATE OF NEW YORK; MINORITY LEADER OF THE ASSEMBLY OF THE STATE OF NEW YORK; THE SENATE OF THE STATE OF NEW YORK; MAJORITY LEADER OF THE SENATE OF THE STATE OF NEW YORK; MINORITY LEADER OF THE SENATE OF THE STATE OF NEW YORK; and NIAGARA COUNTY BOARD OF ELECTIONS, Defendants. |
DECISION & ORDER
By Notice of Motion, Defendants The Assembly of the State of New York, the Speaker of the Assembly of the State of New York Hon. Carl E. Heastie; The New York State Senate, the Senate Majority Leader Hon. Andrea Stewart-Cousins; The Public Campaign Financing and Election Commission; Mylan Denerstein, Jay Jacobs, Denora Getachew, John Nonna, Rosanna Vargas, Crystal Rodriguez, Henry Berger as Commissioners of the Public Campaign Financing and Election Commission; The State of New York; Douglas A. Kellner and Andrew J. Spano as Commissioners of the Board of Elections of the State of New York; and Niagara County Board of Elections (hereinafter and collectively, the "Moving Defendants") moved to dismiss the Plaintiffs' Complaint pursuant to various provisions of CPLR § 3211. In response, Defendants David Previte and Kimberly Galvin as Commissioners of the Public Campaign Financing and Election Commission, Assembly Minority Leader Hon. William A. Barclay (replacing Brian Kolb) and Senate Minority Leader Hon. John J. Flanagan (hereinafter and collectively, the "Minority Defendants") have cross-moved for Summary Judgment on their Cross-Claims which was adopted and joined in by Defendants Peter S. Kosinski and Gregory P. Peterson as Commissioners of the Board of Elections of the State of New York and Plaintiffs herein seeking a declaratory judgment, as a matter of law, that Part XXX of the Laws of 2019, Chapter 59 (hereinafter, the "Statute") is unconstitutional in all respects. In addition, the Court granted the Government Justice Center, Inc.'s application for leave to participate in this proceeding as amicus curiae on December 10, 2019.
This matter is a companion action to the Hurley v Public Campaign Fin. & Election Commn. (2020 NY Slip Op 20183) action under Index Number E169547/2019. Further, this case's procedural history was identical to the Hurley action with oral argument of the above referenced Motions also being heard on December 12, 2019.
For the reasons stated in this Court's Decision and Order, in the Hurley action under Index Number E169547/2019, the Motions for Summary Judgment Dismissing the Complaint by the Moving Defendants herein are denied. The Court reiterates that the Statute is an improper [*2]and unconstitutional delegation of legislative authority to the Public Campaign Financing and Election Commission of the State of New York. As a result, the Court awards summary judgment to the Plaintiffs (see, CPLR § 3212 [b]; Estate of Giffune v Kavanagh, 302 AD2d 878 [4th Dept 2003]).
The signing of this Decision and Order shall not constitute notice of entry under CPLR 2220. Counsel is not relieved from the applicable provisions of this rule with regard to service of notice of entry.
This Decision shall constitute the Order of this Court and shall be filed as such.