UPDATED: Judge rules against injunctive relief, Beatriz Wiley remains on the ballot

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This story has been updated with a quote from Joe Garcia, an attorney from Secaucus law firm Chasan, Leyner & Lamparello, who is representing the North Bergen Clerk’s Office:

“We are pleased with today’s ruling. As we have said from the outset of this matter, our only concern has been to protect the interests of the voters,” Garcia said in an email.

“Today’s decision eliminates any potential for voter confusion in the June Primary Election, and ensures that the voters residing in North Bergen’s Ward 4, District 5 will not be denied the benefit of choice in the selection of candidates for Hudson County Democratic Committee.”

Beatriz Wiley

By John Heinis/Hudson County View

Hudson County Superior Court Judge Hector Velasquez has ruled against injunctive relief for Ernesto Vasquez and Gina Miranda-Diaz, so North Bergen Committeewoman Beatriz Wiley – also the wife of West New York Commissioner Count Wiley – will remain on the ballot for the June 2 Democratic Primary election.

“The burden is on the party seeking preliminary injunctive relief to show that he or she has ‘a reasonable probability of success on the merits,” Velasquez wrote in his 15-page judgement.

“That a balancing of the equities and hardships favors injunctive relief, that the movant has no adequate remedy at law and the irreparable injury to be suffered in the absence of the injunctive relief is substantial and imminent; and that the public interest will not be harmed.”

After noting that bills and taxes filings are reviewed by the court “in determining domicile,” Velasquez explains that “it is textbook law that courts will not entertain matters in which plaintiffs do not have sufficient legal standing.

Garcia argued that the plaintiffs had no standing since they are not candidates and are not registered to vote in Beatriz Wiley’s district.

Velasquez states that after reviewing the case, he agreed with Garcia’s argument, in part because the complaint “demonstrates that the challenge is to the nominating petition itself.”

Julio Morejon, the attorney representing Beatriz Wiley, as well as John Visconi, the attorney representing Vasquez and Gina-Miranda Diaz, did not immediately return calls seeking comment, but this story will be updated in the event comment is given.

A full copy of the ruling can be read here.

11 COMMENTS

  1. How come we don’t hear fat frank or pablo now? Is it because the only one here that actually committed voter fraud was roque? What a joke this administration is.

  2. So the judge made a ruling today on the first of several Wiley cases that will be coming up.Lets analyze the ruling real quick.So the Wiley people are claiming a victory,when in reality the truth that came out is very damming and proves that the Count is a fraud and a lier.The judge ruled that Counts wife can remain in the election as a committee woman because in his mind he believes she lives there.On video taped court proceeding and deposition his wife said that she lives in the north bergen house a couple of days out of the week.On video she claimed that she sleeps in the basement and showers in the morning in the upstairs tenants apartment of the 1 family house.Who the hell would believe this load of crap.what married couple would do this.What a joke,she goes to sleep and leaves her husband alone in another house one town away.Forget the courts,and take a look at public perception.What person in their right mind would believe such a story.Then it also came out that they have not claimed the rental property income on their taxes as well as Wiley did not disclose the property or his business on his elected official disclosure forms….My people of WNY PANDORAS BOX IS OPEN….I WILL GET THE VIDEO VERY SOON AND POST IT SO YOU CAN SEE THE LIES FOR YOURSELF

  3. “My people of WNY”??? WTF are you talking to? We are not your people. You don’t live in this town. Go home to Sayerville, you phony.

    Hey, Frank, why don’t you talk about Roque’s election fraud? Let’s talk about your lies and his lies and Pablo’s lies.
    Go home, you big fat phony. You’re nothing but a troublemaker. Go ruin your own town.

  4. Im the trouble maker,but your the one calling me names and insulting me…huh…WNY is my town no matter where I may be in life,I will always be from WNY.I’m sure you have no clue of what that means but if you wanna talk in person and stop hiding behind fake names let me know,im in WNY everyday….Im very easy to find too….

  5. You insult everyone in this town with your lies and your hypocrisy so don’t get offended when people insult you back.
    WNY is not your town anymore than it is Roque’s. Two phony hypocrites, two vultures making money off this town. Go home.

  6. YOU GUYS HAVE SOME REAL GOOD IMAGINATION,OR MAYBE YOUR JUST VERY SCREWED UP IN THE HEAD.THERES GOTTA BE SOME KIND OF SHORT CIRCUIT UP THERE.WHEN I BRING UP ANYTHING I BACK IT UP WITH PROOF,MAYBE THATS WHAT GETS YOU SO UPSET,AND ON THE OTHER HAND EVERYTHING THAT COMES OUT THE WILEY CAMP IS IETHER ANCIENT OR ASSUMPTION AND WELL STRAIGHT UP LIES…SO WHERES CHOQUI,I HEAR HE IS IN FLORIDA AND IS SELLING HIS HOUSE….ABANDON SHIPPPPPPPPP,ITS SINKING………

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