TOWN OF NEWBURGH – Supervisor Gil Piaquadio has notified Mary Lou Carolan that he is recognizing Paul Ruggiero as a Newburgh Town Councilmember, removing her from office.
Carolan’s attorney, Michael Treybich, plans to fight the move. Earlier this month, the Orange County Board of Elections (BOE) certified Ruggiero, a Republican, as the winner of the council race by one vote over Carolan, following litigation that has continued since November.
“The Town maintains that the individual certified as the winner by the Board of Elections must be seated,” Piaquadio said. “And in this instance, a Supreme Court Judge has issued a ruling.”
Carolan expected to remain in office, pending her appeal, which will be heard by the Supreme Court, Appellate Division, Second Department on May 8. The Appellate Division would likely render a decision very quickly.
In a letter to Carolan, Piaquadio wrote that, although there is an appeal pending, the Appellate Division, Second Department, has not issued a temporary restraining order.
“Accordingly, in accordance with the Order currently in effect, and based on legal advice, the Town of Newburgh Government must recognize Paul Ruggerio as having been duly elected as a Town councilmember, with full right to the office and its emoluments,” Piaquadio added.
The Supervisor noted that if a stay is issued or the Appellate Division reverses the order of Judge Sherri Eisenpress, he will act accordingly. According to Piaquadio, action by the Attorney General to remove Carolan from office is not required pursuant to Executive Law Section 63-b.
“Ms. Carolan is the sworn and serving member of the Town Council until she resigns, is removed by the attorney general, or the term expires,” Treybich said. “This doesn’t include the provision that Mr. Piaquadio cites to has been interpreted by the Courts to give standing solely to the Attorney General to remove an usurper.”
Treybich said that he would file an Article 78 imminently in Orange County Supreme Court. An Article 78 is a legal action used to challenge decisions, actions, or inaction by government agencies, public bodies, or officials.
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