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Adamczyk Off the Ballot Again

Today, the 4th Appellate Division of the New York State Supreme Court tossed Larry Adamczyk off the ballot for the Deomcratic primary for the Fillmore District seat in Buffalo Commons Council. Which I suppose means this is the last we’ll hear from his campaign, unless he’s already paid for and mailed another flyer.

Adamczyk was removed from contention because, by his own admission, he had not lived long enough in the district to qualify as a candidate. He appealed his disqualification, however, and Judge Donna Siwek reinstated him, ruling that, because it was a reapportionment year in which district boundaries changed, the city charter’s residency requirement should not obtain.

The Appellate Court ruled that the charter’s requirements for candidates were constitutional and did not provide any relief regarding reapportionment years, that the Erie County Board of Election did not exceed its authority in disqualifying Adamczyk, and that in nay case Adamczyk’s prior place of residence rendered the argument moot: He lived in the Delaware District, at an address that would not have been located in either the Fillmore District, into which his new residence was reapportioned, or the Ellicott District, where it was located prior to reapportionment—where, as a sponsored candidate of Mayor Byron Brown, he certainly never would have been a candidate, since he then would have been challenging the mayor’s ally, Darius Pridgen.

The court did not rule that last part. That was me. Here’s the court’s decision.

So the two candidates left in the Fillmore District are the incumbent, Council President Dave Franczyk, and community activist Sam Herbert.

  • Peter A Reese

    What does the phrase “in nay case” mean? Is that Latin?

  • Peter A Reese

    The oral argument of this case was great. One of the best I have seen in an election case. The Justices earned their money. Mike Kuzma and Tim LoVallo were great. There are at least a half dozen interesting issues in this case and I wish the decision was longer. One of the best points involved when a candidate is “elected”. Seems simple, but it isn’t and the courts of NY don’t seem to have ruled definitively. Probably not election day (11/8/11) and it seems to be an uncertain date between November 16 and December 3. Date depends on actions taken by the local Bd of Elections.

  • Samuel A. Herbert

    Ding, Ding, Ding,let’s get ready to rumble. I been waiting four year’s for this come back, to knock David A. Franczyk out of the Fillmore District. It’s time after 25 year’s for real change.The day’s of the CAREER PROFESSIONAL POLITICIANS is over;never again should we allow their selfish head to rise up.For the past forty year’s i live in the Fillmore District, under the leadership of Mr. Franczyk,our neighborhoods are dieing and crying for new leadership with vision. Ray Charles,Stevie Wonder, and Helen Keller, can take a walking tour of the Fillmore District, and all would agree they see no positive development on Buffalo Eastside,David A. Franczyk dead man walking boss, he must be removed!

  • Mike Dantonio

    “Ray Charles,Stevie Wonder, and Helen Keller, can take a walking tour of the Fillmore District, and all would agree they see no positive development” – Good one Sam – and Best of Luck!

    But for now you better get the Lion,the Tin Man and the Scare Crow together because – even though the house landed on the Wicked Witch of the East – Ding Ding Ding, you’ve fallen asleep in the poppy fields if you think you can beat the Wizard…

  • Betty Jean Grant

    Sam, stay positive, let the other candidates dish out the mud, if that is what they wish to do, but do not let them pull you out of your comfort zone. That,unfortunately, is what politicians do best; smear and attack each other.

  • Derrick Johnson

    Hey, Politican Betty Jean Grant,
    Is the County Government going to do anything to protect us from hydrofracking? They have built a way station in East Aurora to transport the benzene-water to Niagara Falls where they plan on dumping it into our river

  • James Drenning

    The Common Council races should be about “who has the best ideas on protecting the People of Buffalo from the hydrofrackers!”

  • Lancey Howard

    Stay Positive?! How can anybody Stay Positive when Andrew Cuomo’s about to wreck Buffalo’s water supply? New York City’s water supply is protected and so is Syracuse’s.

    Why can’t Grisanti or Maziarz protect Buffalo’s and Niagara Falls?

    What are you doing about this Betty Jean?

    And where are Franczyk and Herbert on this disaster-in-waiting?

  • Richard Kern

    Am I wrong in assuming that the inane 4:30 AM post by “Samuel A Herbert” was a stupid joke by an impersonator?

    If it is indeed by the ‘real’ Mr Herbert, he should be ashamed. There are many serious issues in the (new, gerrymandered) Fillmore District, including Mr Franczyk’s many years in office as the original Fillmore District has fallen in steep decline.

    Meanwhile, Mr Herbert has run unsuccssfully for every office in sight, while doing littl visible ablout his devastatd neighborhood. Is Mr Herbert part of the solution, . . or a pathetic joke?

  • Samuel A. Herbert

    Thank you Betty Jean Greant from this moment on i will stay positive, and learn more about HIGHDROFRACKER. However the time of the CAREER PROFESSIONAL POLITICIAN after 25 year’s of David A. Franczyk leadership in the same seat is over. One can not stop what is meant to happen. Desperate people do desperate things: Mr. Franczyk i expect will use extreme measure’s in an attempt to escape DEFEAT. To you Mr. Richard Kern, i’m from old school” if at first you don’t succeed try, try, again”. Oh, about is spelled without a (L). Public infor-2007 i pulled over 40%, 721 Democrat’s came out and voted for real change in the Fillmore District. Mr. Mike Dantonio you get my point, and thank you for your comment. My friend Betty Jean Grant again i will stay positive. DAVID A. FRANCZYK IS A CAREER PROFESSIONAL POLITICIAN WHO MUST GO. MR. KERN MY DEVASTATED NEIGHBORHOOD IS A PRODUCT OF YOUR BOY DAVID LEADERSHIP IN THE FILLMORE DISTRICT. YES I’M PART OF THE SOLUTION. PEACE AND LOVE TO YOU ALL.

  • Samuel A. Herbert

    Mr. Kern Insane is spell with a (S)my friend lol.

  • Max

    The take on Mr. Franczyk’s tenure here depicts the contradictions of political expectations in Buffalo and our nation generally. Over the time he’s represented the Fillmore District, the East Side has been subject to a cycle of decline which started before his arrival and will continue after his departure. The forces of that decline are largely irreversible and would have occurred regardless of who held his seat yet there are those who lay blame for all of the District’s ills on him. That very same phenomena occurs on the national scale, where one party or the other blames its opponents for all which ails our country. It’s a tiring thing to witness in lieu putting remedies on the table for those ailments.

  • James Drenning

    The Common Council races should be about “who has the best ideas on protecting the People of Buffalo from the hydrofrackers!”

  • Samuel A. Herbert

    To Mr, James Drenning, you are so right one of the main issue in the Common Council race, protecting the people of Buffalo drinking water, and New York State from Hydro-Fracking. I know there talk of developing of the Marsellus Shale to proceed. I worked at Roswell Park Cancer Inst for 30 years, and learn alot about contaminats, known toxic carcinogens pollutants, and the signifient impact on our health. Industrial gas development process has resulted in contamination of surface and ground waters in the states that allowing high volume of Hydro-Fracking spills, blowouts and impact, have been documented in many states. Such as one county Sublette,WY they have rampant fracking, their air pollution is worse then LA, and Bradford county PA. Familys of Dimok,PA their drinking water is contaminated with heavy metals and methane.I for one will keep my eyes open and my ears to the ground, no question we need energy, but we cannot and should not choose between energy and clean H20. We on the Common Council in Buffalo MUST maintain healthy communitys, we must asure that our water is protected. I do know the EPA is conducting a study of the impact of Hydro-Fracking and it should be ready in 2012. Scientific resarch must be use to infrom the people of New York State of all rules and regulations. Mr. Drenning im on it trust me when i tell you. Thank you Sr.