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.â€
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.