Law Offices of

Alan M. Goldston, Esq.

164 White Road
Scarsdale, New York 10583

Telephone (914) 907-2234

Fax (914) 725-7499
nycounsel@msn.com

March 27, 2015

Hon. Stephan G. Schick, JSC
Sullivan County Supreme Court
Monticello, New York
Re: Roemer v. Prusinski, et al Index No. 590-15
Your Honor:
I enclose a notice of discontinuance with respect to the above matter, being copied
to all respondents today. It will therefore not be necessary for anyone in this matter to
appear on the return date of March 30. We thank the Court for its time in the matter.
On February 27, 2015, the Board of Elections issued a Notice of Determination to
purge the challenged registration of 205 persons claiming Bloomingburg residency.
Thereafter, however, unknown at the time by myself, petitioner Roemer, the petitioners
or their counsel in Francis v. Prusinski, or those who had initiated the challenge, the
County Board of Elections, notwithstanding its own decision, agreed to a request by the
attorney for the Lamm faction, not to implement the mechanics of purging the
registration of dozens of Mr. Lamms clients. Consequently, dozens of ballots were cast
in the March 18, 2015 Village election by persons whom the Board had already ruled
ineligible. Those ballots were merged inseparably with the legitimate votes cast.
Petitioner Roemer is behind on the count by nine votes. The ballots of ineligible
persons substantially exceed that margin, and therefore plainly affected the outcome. If
the Board had simply carried out the mechanical implementation of its February 27
determination, Ms. Roemer would today be the clear winner of this election.
Under these circumstances, however, appellate authority dictates that petitioners
remedy as to this election now rests with the attorney general.

Respectfully submitted,

Alan M. Goldston
Alan M. Goldston, Esq.
Cc:

all counsel (w/ enclosures)

SUPREME COURT OF THE STATE OF NEW YORK

Index No.
590-15
COUNTY OF SULLIVAN
-------------------------------------------------------------x NOTICE OF DISCONTINUANCE
In the Matter of the Application of
Katherine A. Roemer, as candidate for the public
office of Village Trustee of the Village of
Bloomingburg in the Village Election held on March
18, 2015,
Petitioner,
-againstAnn Prusinski and Rodney Gaebel, as Commissioners of
The Sullivan County Board Of Elections, and
Eileen Rogers, as Clerk of the Village of Bloomingburg,
and The Board of Canvassers of returns of the Village Election
of Bloomingburg held on March 18, 2015
and Aaron Rabiner, as candidate for the public office of
Trustee of the Village of Bloomingburg
Respondents
------------------------------------------------------------------------x
Whereas no respondent has answered or appeared herein, and fewer than five days having
elapsed since commencement of this proceeding, and therefore no consent of any other
party or person being required,
PLEASE TAKE NOTICE THAT Petitioner, by her attorney Alan M. Goldston, Esq.,
hereby discontinues this proceeding, with immediate effect.
Dated: March 27, 2015

Alan M. Goldston, Esq.

Alan M. Goldston, Esq.
Attorney for Petitioner Katherine Roemer
164 White Rd.
Scarsdale, NY 10583
914-907-2234
To: Hon. Stephan G. Schick, JSC
Clerk of the Court
All named respondents