Here We Go Again

Once again, disgraced former Republican County Chairman, Robin Yess, has decided to level an attack against me.  Most of the attack was utter nonsense.  There are a few points to which I must respond.

First, Robin claims that the Fornino case is not precedent because it has not been published in the official legal books.  According to her, courts cannot not even consider the case because it is not precedent unless it is formally published.

The term "precedent" is defined by Black's Legal dictionary as: "An adjudged case or decision of a court of justice, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law."

Funny -- there is nothing in that definition that states that decisions of the court that are not published in books cannot be used as precedent or authority.  The reason is that any decision on the merits of an issue may be cited as authority or precedent.

In this particular case, the decision is from the same court, i.e. NY Supreme Court in and for the County of Ulster.  It is therefore considered binding precedent on  "an identical or similar case afterwards arising or a similar question of law".  The only question would be whether the court would consider it similar.

Please refrain from giving legal opinions, Robin.  You are neither trained nor qualified to do so.

Second, I take no position on whether a candidate is viable or not.  The question was whether the petitions were proper as a matter of law.  I believe there was a strong argument that they were not based upon the case law of the State of New York.  I stand by that opinion.  Viability of a candidate is decided by the voters once a candidate legally obtains a spot on the ballot. 

Third, your attacks against the Republican party members have nothing to do with fiscal conservatism.  You resigned as Republican County Chairman rather than face a vote of no confidence by the County Committee.  That threatened vote had nothing to do with "fiscal conservatism".  That vote had to do with the job you did as County Chairman.

When you resigned, you told anyone that would listen that you thought Len Bernardo was somehow behind the effort to remove you.  Thus, out of petty thoughts of vengeance, you launched this continuous effort to attack and destroy any of the Republicans you perceived as being part of the effort to remove you.  You have even started supporting Mike Hein despite saying on more than one occasion that Hein needed to go as County Executive.

If you want to continue these petty attacks, go ahead.  As you pointed out, the First Amendment protects your right to speak.  Do not however insult people's intelligence and claim that you are doing so out of some noble calling.  It is blatantly untrue.  The fact that you have teamed up with the duo from Kerhonkson to spread your poison penmanship reveals a complete lack of nobility in anything you may do.

Finally, you ask, ". . . is there any reason you (referring to me) cannot make your point and express your opinion without name calling?"

I speak the truth.  If the truth is insulting to you, then the fault lies with you not the truth teller.  Moreover, take a look at your own website.  You have a picture of Terry Bernardo superimposed on a nut.  You accuse the Independence Party of "blackmail", a crime.  Your site is full of nasty and personal insults against various different people.

 Just remember, I did not start commenting about you.  For reasons that are still unknown, you started taking shots at me because I agreed to let my name be used to give the party more time to find an opponent against Kevin.  I previously ignored all of your nonsense.  You take a shot at me though and I will respond with the harsh reality of truth.  Clearly, you just love to dish it out, but cannot take it when someone responds with the harsh and painful truth.