A New York state judge dismissed a lawsuit alleging voter fraud in the tiny upstate hamlet of Fleischmanns, but said the case is now being investigated by law enforcement, according to a court document.
The lawsuit — alleging that dozens of voters who did not live in the village illegally cast absentee ballots for two trustee seats in a March 15 election — was dismissed largely on technical grounds, Judge Brian Burns wrote in his March 26 decision .May.
The case, first reported by The Post, alleged that a group of Orthodox Jews attempted to fraudulently “take over” Fleischmann’s government in order to partially enforce zoning and development laws that favored their projects.
“The Court finds that the petitioner’s allegations of voter fraud are serious in nature and does not dismiss his petition lightly,” Burns wrote.
But he said he had no choice.
“Although New York election law does not permit a full review of the allegations in civil court in these particular circumstances, the allegations appear to be actively being investigated by various law enforcement agencies,” Burns wrote.
The lawsuit requested that the winning candidates — Aaron Goldring and Yesmin Sarabia — be removed from office pending a thorough investigation, but that request, Burns said, “fell outside the jurisdiction of this court.”
Only the Attorney General can impeach elected officials, he added.
The two candidates who lost the election, Elizabeth Hughes and Daniel Halpren, who filed suit could still get justice, their attorney Daniel Belzil told The Post.
“We are now more optimistic than ever that these authorities will act to protect our fundamental democratic rights and prosecute those responsible for the crimes of false registration, illegal voting and other crimes so this never happens again in New York State.” ‘ Belzil said in a statement.
Belzil is based at Fleischmanns and normally represents policyholders.
“The court found that because our village has already sworn in the candidates, these candidates can now only be removed from office in another process by the Attorney General, nothing more,” added Belzil. “Judge Burns clearly appreciated the seriousness of what happened in our village and ‘put the ball in the court’ of county and state agencies to investigate.”
A spokesman for the New York Attorney General confirmed to The Post that they are “investigating the matter” at the Fleischmanns.
Goldring and Sarabia’s attorney, James Curran, did not respond to comment.
https://nypost.com/2022/05/28/fleischmanns-ny-voter-fraud-case-dismissed/ Fleischmann’s, NY voter fraud case dismissed