Paladino Legal Recourse Possibilities - Dennis Vacco


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Joining us now is it Dennis bako serving as the attorney for Carl Paladino is he goes through the appeal process a replacement for Paladino is being named to the school board. Tonight's formally sworn in but Dennis as far as the appeal goes. Where does that stand. Well part of mourning a writer Susan via VP it was so tumbling forward notwithstanding. The denial of our request for a temporary restraining order. I'd Monday. Via. Decision of the court that go to the merits of our appeal whatsoever. There is emotion and opinion for the court but by school board's lawyer and by the assistant attorney general outlook in the commissioner. Changed the venue of the case from Oslo where we brought our lawsuit. But Albany. That issue first needs to be resolved before we move I'm finally to the mayor of our appeal. Well but we feel very strongly about B yet the regular appeal we believed that commissioner Syria. Made several actual legal errors in her decision. All of which will warrant overturning that decision in due course. Dennis does a new board member taking Carol seat complicate this. Us Lynette actually that was part of my argument in the courtroom on Monday as I tried to convince the court debt there was no harm to. Of the board of education with eight active members today a supermajority if you will that restricts. That to leave that she'd taken a would have bring any harm to other school board courts functioning. But it would in the in the future when we prevail on this appeal it may complicate matters because elders a and appointed officials that he named Kyle seat. So mired in the court was essentially that's an unnecessary complication. That we don't have to impose on this case that the case at this time obviously the judge disagreed with meaning but I do think that we will prevail on the appeal and will. I have to figure out how we get Carol receded in his seat. How long might that entire process take it or is it too early to tell. Well it it it isn't I mean I can't give you precise. Deadline but. Of this process is at least at the trial court staged it is a relatively streamlined. It might be some limited discovery because we have asked for a declaratory judgment. As part of our articles civic hybrid proceeding. Not only seeking to overturn the commissioners so a decision could she get to wall on them and a lump. Was there arbitrary capricious and her assessment of the facts but we're also cheated their corporate judgment that she got it wrong on the meetings walk. And that if for that matter the board of education has routinely violated you'll meet well it's like I would expect that the at least the trial court level. Could happen you know we could see the ruling sometime between now and into the years that sooner. And whatever happens I would fully expect. That when we prevail that the board of education because they haven't given us quite up and cost taxpayers. Tens of thousands of dollars now more. That they will let appeal it sold did he kill process will take a little bit longer because the schedule of the appellate division is. Is difficult chew up to predict. Now during that time has Paladino really able to stay up on the business of the board. Well I think he stayed up on the business orders as everyone of us do in terms of you know now that he's set. Been replaced Reza connect you to be replaced or that or be privy to what happens in executive session for instance. Which seems to be good motors operandi of the the majority of the board elected secret sessions where they go into executive session to keep what they do from. The public view so he will be as much in the dark as most of the public when the board goes into executive session which we believe is his. Oh wait too frequently and wait to illegal. Dennis when you argued this Monday for the stage you were denied the stay. Should that matter has even been heard by a judge can of Pinto who was a former school board member herself and while on the board was brought up on ethics charges at one time. Well this is I'm that they get into that you know I think that every judge has cute side at a case by case basis whether that they can be fair and objective. Judge pin pin on knew that she was a board member. She knew that her husband was an elected official play I'm. Oh who got elected with. Substantial support from of the New York State united teachers are a union. So you watched her decision was that she could hear the case. That's water over the dam at this point in time so we're moving forward. Aren't it is Dennis bako attorney representing Carl Paladino. In this ongoing appeal after he was removed from the buffalo school board.