On July 19, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
James C Monty,
Jeffrey Luck,
Jerika Manning,
and
Amy Asadourian Senecal,
Brandi Lloyd,
Clinton County Board Of Elections,
Clinton County Democratic Committee,
Mary Dyer,
for Special Proceedings - Election Law
in the District Court of Clinton County.
Preview
FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023
Bupreme (fourt of tig 9tate of Neur §orlt
Appellate Etutsiam Third Iluhtrial Bepartmtut
Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil
[a])
For Court of Original Instance
JERIKA MANNING, JEFFREY STEPHEN LUCK, and JAMES C. MONTY
Date Notice of Appeal Filed
- against -
AMY ASADOURIAN SENECAL,
For Appellate Division
CLINTON COUNTY DEMOCRATIC COMMITTEE, BRANDI LLOYD as Chair,
MARY DYER as Secretary, and CLINTON COUNTY BOARD OF ELECTIONS
O Civil Action O CPLR article 78 Proceeding E Appeal O Transferred Proceeding
O CPLR article 75 Arbitration E Special Proceeding Other O Original Proceedings O CPLR Atticle 78
O O Executive Law § 298
O Habeas Corpus Proceeding
CPLR Article 78
O Eminent Domain O CPLR 5704 Review
O Labor Law 220 or 220-b
PubHe Officers Law § 36
Real Property Tax Law § 1278
O Administrative Review O Business Relationships ¡ Commercial ¡ Contracts
O Declaratory Judgment O Domestic Relations lii Election Law O Estate Matters
O Family Court ¡ Mortgage Foreclosure O Miscellaneous O Prisoner Discipline & Parole
O Real Property ¡ Statutory O Taxation O Torts
(other than foreclosure)
Informational Statement - Civil
1 of 4
FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
O Amended Decree O Determination O Order ¡ Resettled Order
O Amended Judgement ¡ Finding E Order & Judgment D Ruling
¡ Amended Order O Interlocutory Decree O Partial Decree O Other (specify):
E Decision O Interlocutory Judgment ¡ Resettled Decree
¡ Decree O Judgment ¡ Resettled Judgment
Court: Supreme Court County: Clinton
Dated: 08/12/2023 Entered: o8/12/2023
Judge (name in full): Glen T. Bruening Index No.: 2023-00023449
Stage: O Interlocutory E Final O Post-Final Trial: ¡ Yes iiii No If Yes: O Jury ¡ Non-Jury
Prior Unperfected Appeal and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? O Yes G No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Commenced by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
..
court: Choose Court county: Choose County
Judge (name in full): Order of Transfer Date:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
Decision Order & Judgment determining that Certificate of Nomination placing a candidate for Family Court on the General
Election was valid despite the fact that the said party committee had never been constituted under the provisions of Election
Law Sec. 2-104. Also ruling that the Petitioners (who had no standing to contest the Sec. 2404 Constitution of the said
"organization"
committee) had failed to contest same so within ten days of the of said committee in 2022 (see Sec. 16-102
informational Statement - Civil
2 of 4
FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023
Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal
instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 JERIKA MANNING Petitioner Appellant
2 JEFFREY STEPHEN LUCK Petitioner Appellant
3 JAMES C. MONTY Petitioner Appellant
4 AMY ASADOURIAN SENECAL Respondent Respondent
5 CLINTON COUNTY DEMOCRATIC COMMITTEE, BRANDI LLOYD as C Respondent Respondent
6 CLINTON COUNTY BOARD OF ELECTIONS Respondent Respondent
7
8
9
10 __
11
12
13 __ ..._
14
15 . ... .
16
17
18
19
20
Informational Statement - Civil
3 of 4
FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
Se"
himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: John Ciampoli, Esq. / Perillo Hill LLP
Address:285 W. Main Street (203)
City: Sayville State: NY Zip: 11782 Telephone No:5185223548
E-mail Address: clampolilaw@yahoo-com
Attorney Type: E Retained O Assigned O Government ¡ Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):1,2,3
Attorney/Firm Name: James Curran, Esq. / Brown & Weinraub
Address: 76 N. Pearl St., Ste. 3
City: Albany State: NY Zip:12207 Telephone No:5184277350
E-mail Address:icurran@brownweinraub.com
Attorney Type: E Retained O Assigned ¡ Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):1, 2, 3
Attorney/Firm Name: Timothy lawless
Address:9 summit Dr.
City: Peru State: NY Zip: 12972 Telephone No:
E-mail Address:
Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party from table above):5
number(s)
Attorney/Firm Name: Jacqueline M. Kelleher, Esq.
Address: one Cumberland Ave.
City: Plattsburgh State: ny Zip:12901 Telephone No: 518 5614400
E-mail Address:mark@northcountrylaw.com
Attorney Type: O Retained O Assigned M Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):8
Attorney/Firm Name: Mark Schneider, Esq.
Address:57 Court Street
City: Plattsburgh State: NY Zip: 12901 Telephone No:518566-6666
E-mail Address:
Attorney Type: E Retained O Assigned O Government ¡ Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Attorney/Firm Name:
Address:
City: State: Zip: | Telephone No:
E-mail Address:
Attorney Type: O Retained O Assigned ¡ Government O Pro Se ¡ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):
Inforrnational Statement - Civil
4 of 4
Document Filed Date
September 03, 2023
Case Filing Date
July 19, 2023
Category
Special Proceedings - Election Law
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023 Bupreme (fourt of tig 9tate of Neur §orlt Appellate Etutsiam Third Iluhtrial Bepartmtut Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil [a]) For Court of Original Instance JERIKA MANNING, JEFFREY STEPHEN LUCK, and JAMES C. MONTY Date Notice of Appeal Filed - against - AMY ASADOURIAN SENECAL, For Appellate Division CLINTON COUNTY DEMOCRATIC COMMITTEE, BRANDI LLOYD as Chair, MARY DYER as Secretary, and CLINTON COUNTY BOARD OF ELECTIONS O Civil Action O CPLR article 78 Proceeding E Appeal O Transferred Proceeding O CPLR article 75 Arbitration E Special Proceeding Other O Original Proceedings O CPLR Atticle 78 O O Executive Law § 298 O Habeas Corpus Proceeding CPLR Article 78 O Eminent Domain O CPLR 5704 Review O Labor Law 220 or 220-b PubHe Officers Law § 36 Real Property Tax Law § 1278 O Administrative Review O Business Relationships ¡ Commercial ¡ Contracts O Declaratory Judgment O Domestic Relations lii Election Law O Estate Matters O Family Court ¡ Mortgage Foreclosure O Miscellaneous O Prisoner Discipline & Parole O Real Property ¡ Statutory O Taxation O Torts (other than foreclosure) Informational Statement - Civil 1 of 4 FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023 Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. O Amended Decree O Determination O Order ¡ Resettled Order O Amended Judgement ¡ Finding E Order & Judgment D Ruling ¡ Amended Order O Interlocutory Decree O Partial Decree O Other (specify): E Decision O Interlocutory Judgment ¡ Resettled Decree ¡ Decree O Judgment ¡ Resettled Judgment Court: Supreme Court County: Clinton Dated: 08/12/2023 Entered: o8/12/2023 Judge (name in full): Glen T. Bruening Index No.: 2023-00023449 Stage: O Interlocutory E Final O Post-Final Trial: ¡ Yes iiii No If Yes: O Jury ¡ Non-Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? O Yes G No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Commenced by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: .. court: Choose Court county: Choose County Judge (name in full): Order of Transfer Date: Court: Choose Court County: Choose County Judge (name in full): Dated: Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Decision Order & Judgment determining that Certificate of Nomination placing a candidate for Family Court on the General Election was valid despite the fact that the said party committee had never been constituted under the provisions of Election Law Sec. 2-104. Also ruling that the Petitioners (who had no standing to contest the Sec. 2404 Constitution of the said "organization" committee) had failed to contest same so within ten days of the of said committee in 2022 (see Sec. 16-102 informational Statement - Civil 2 of 4 FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 JERIKA MANNING Petitioner Appellant 2 JEFFREY STEPHEN LUCK Petitioner Appellant 3 JAMES C. MONTY Petitioner Appellant 4 AMY ASADOURIAN SENECAL Respondent Respondent 5 CLINTON COUNTY DEMOCRATIC COMMITTEE, BRANDI LLOYD as C Respondent Respondent 6 CLINTON COUNTY BOARD OF ELECTIONS Respondent Respondent 7 8 9 10 __ 11 12 13 __ ..._ 14 15 . ... . 16 17 18 19 20 Informational Statement - Civil 3 of 4 FILED: CLINTON COUNTY CLERK 09/03/2023 01:56 PM INDEX NO. 2023-00023449 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 09/03/2023 Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or Se" himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: John Ciampoli, Esq. / Perillo Hill LLP Address:285 W. Main Street (203) City: Sayville State: NY Zip: 11782 Telephone No:5185223548 E-mail Address: clampolilaw@yahoo-com Attorney Type: E Retained O Assigned O Government ¡ Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):1,2,3 Attorney/Firm Name: James Curran, Esq. / Brown & Weinraub Address: 76 N. Pearl St., Ste. 3 City: Albany State: NY Zip:12207 Telephone No:5184277350 E-mail Address:icurran@brownweinraub.com Attorney Type: E Retained O Assigned ¡ Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):1, 2, 3 Attorney/Firm Name: Timothy lawless Address:9 summit Dr. City: Peru State: NY Zip: 12972 Telephone No: E-mail Address: Attorney Type: E Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party from table above):5 number(s) Attorney/Firm Name: Jacqueline M. Kelleher, Esq. Address: one Cumberland Ave. City: Plattsburgh State: ny Zip:12901 Telephone No: 518 5614400 E-mail Address:mark@northcountrylaw.com Attorney Type: O Retained O Assigned M Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):8 Attorney/Firm Name: Mark Schneider, Esq. Address:57 Court Street City: Plattsburgh State: NY Zip: 12901 Telephone No:518566-6666 E-mail Address: Attorney Type: E Retained O Assigned O Government ¡ Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Attorney/Firm Name: Address: City: State: Zip: | Telephone No: E-mail Address: Attorney Type: O Retained O Assigned ¡ Government O Pro Se ¡ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): Inforrnational Statement - Civil 4 of 4