Nomination process challenge lawsuit dismissed

A judge last week dismissed an Article 78 lawsuit filed by Monroe’s Tim Mitts in county supreme court. The lawsuit challenged the validity of the process in which Monroe Supervisor Tony Cardone and others received the Conservative Party’s endorsement in the June primary election.

“Supreme Court Justice Kyle McGovern found the action challenging my clients’ designation to be untimely and without merit,” said attorney Adam Fusco, who represented defendants Cardone, Councilwoman Dorey Moule, council candidate Steven Thau, town justice candidate Yvette Rosario, and Grace White of the Conservative Party. “This is not a good use of my clients’ time, as they went from being Conservative designees in April and to Conservative nominees in July by the will of the voters.”

Mitts said paperwork filed April 3 with the board of elections making Cardone, Moule, Thau and Rosario designees of the Conservative Party should have been dismissed after it had to be re-filed on April 4 by White due to Thau’s address being listed incorrectly.

“The deadline was April 3 and they refiled a day too late,” Mitts told The Photo News after appearing in court on Sept. 9. “Another violation took place with the refiling because it must be done by one of the candidates in the filing. It was refiled by Grace White from the Conservative Party.”

Mitts, who represented himself, acknowledges he did not take legal action within the 14-day deadline from April 3.

“I lost because I was late, but that doesn’t mean I was not right,” he said. “It is important for people to know that Cardone won this because I did not get a chance to make my case due to it being dismissed for being untimely. He won on a technicality. Not on merit.”

Fusco rebutted the assertion.

“The one who didn’t do things properly was Mr. Mitts and that’s why his case was dismissed,” Fusco said. “The idea my client got off on a technicality is not the case, never has been the case, and that was proven in open court. To be honest, I had trouble following his line of logic at times.”

In the June 24 primary for the Conservative line in November’s town supervisor election, Cardone garnered 32 votes to Mitts’ 27. As such, Cardone will appear on the ballot on the Republican and Conservative lines.

Mitts said he has yet to decide if he will run for supervisor as a write-in candidate, endorse a candidate or sit it out.

William Badura, senior assistant county attorney, represented two individuals with the county board of elections in this matter.