Central New York Patriots Message Board GUN CONTROL ISSUES › "We the People" Lawsuit Update

"We the People" Lawsuit Update

Joanne W.
user 9035215
Group Organizer
Syracuse, NY
MARCH 21, 2013


PLAINTIFFS UPDATE - NY SAFE ACT LAWSUIT


DEAR PLAINTIFFS AND PATRIOT FRIENDS:


THANK YOU FOR YOUR INVOLVEMENT, PATIENCE, ENCOURAGEMENT AND SUPPORT!  WE HAVE BEEN WORKING DAY AND NIGHT TO GET EVERYTHING DONE AS WILL BE EXPLAINED BELOW.


PLEASE FORWARD THIS ALONG TO ANYONE WHO YOU FEEL WOULD LIKE TO KNOW WHAT IS TAKING PLACE.


OUR WEB PROGRAMMER IS UPLOADING UPDATES TO THE WEBSITE TODAY AT WWW.WETHEPEOPLEOFNY.ORG­.  PLEASE TAKE THE TIME TO READ THE DOCUMENTS DISCUSSED IN THIS UPDATE SO YOU UNDERSTAND WHAT IS TAKING PLACE.


WE WANT YOU TO LEARN ABOUT THE PROCESS AS MUCH AS THE OUTCOMES! 


HERE IS WHAT HAS HAPPENED SINCE LAST WEDNESDAY'S ORAL ARGUMENTS IN THE NY STATE SUPREME COURT:


1) YOU KNOW THAT JUDGE THOMAS MCNAMARA SAID HE WAS CONSTRAINED TO GIVE US THE PRELIMINARY INJUNCTION WE REQUESTED BECAUSE OF A HIGHER RULING AT THE COURT OF APPEALS.  IMMEDIATELY FOLLOWING THAT DECISION FROM THE BENCH, WE WROTE AND SENT OUT A MEDIA RELEASE WHICH IS ATTACHED (WTP-NY MEDIA ALERT 3-13)


*WE HAVE BEEN ESTABLISHED CONSISTENT CREDIBLE COMMUNICATION WITH THE MEDIA ACROSS THE STATE AND HAVE BEEN RECEIVING VERY GOOD COVERAGE IN BOTH PRINT AND BROADCAST MEDIA.  IN ALL CASES, THESE OUTLETS HAVE BEEN POSTING OUR NEWS ON THEIR WEBSITES.  ADDITIONALLY, MANY NATIONAL MEDIA OUTLETS AND BLOGS ARE FOLLOWING THIS CASE.


**IN CASE YOU DON'T KNOW, IT WILL HELP YOU TO UNDERSTAND THAT THERE ARE THREE LEVELS OF COURTS IN NY STATE. WE BEGAN AT THE LOWEST COURT LEVEL WHICH IS CALLED THE NY STATE SUPREME COURT. THE MID-LEVEL COURT IS THE NY STATE SUPREME COURT - APPELLATE DIVISION - THIRD DEPARTMENT.  THE HIGHEST LEVEL IS CALLED THE COURT OF APPEALS.  WE ARE EXERCISING OUR RIGHT TO APPEAL TO GET THE RELIEF WE ALL SEEK!


ON WEDNESDAY AFTERNOON, WE VISITED THE APPELLATE DIVISION TO CLEAR THE WAY FOR OUR COMING ACTIONS ON THURSDAY AND FRIDAY.  IT WAS AN HONOR TO MEET PROMINENT INDIVIDUALS IN THE APPELLATE DIVISION WHO HAVE KNOWN BOB FOR YEARS IN HIS EFFORTS TO HOLD GOVERNMENT ACCOUNTABLE (LONG BEFORE MOST OF US WERE AWAKE TO THE NEED)!  EVERYWHERE WE GO, THERE IS A TREMENDOUS RESPECT SHOWN FOR HIM.


3) WEDNESDAY NIGHT WAS THE FIRST OF TWO "ALL-NIGHTERS".  BOB PREPARED A MOTION FOR AN ORDER TO SHOW CAUSE; WROTE A MEMORANDUM OF LAW TO SUPPORT THE NEED FOR ONE; AND AN AFFIDAVIT.  ALL DOCUMENTS HAVE TO MEET STRINGENT FORMATTING AND OTHER REQUIREMENTS AND MULTIPLE COPIES HAVE TO BE MADE FOR THE COURT, THE DEFENDANTS AND OUR FILES.


4) THURSDAY MORNING (14TH) WE RECEIVED THE OFFICIAL WRITTEN DECISION FROM JUDGE MCNAMARA BY EMAIL.


WE TOOK HIS SIGNED DECISION TO THE APPELLATE COURT IN ALBANY AND SUBMITTED OUR OFFICIAL MOTION TO SHOW CAUSE WITH THE ACCOMPANYING DOCUMENTS, HOPING THE ACTING JUDGE THERE WOULD AGREE AND SIGN THE ORDER BY FRIDAY. (WE HAVE BEEN DOING EVERYTHING WE CAN TO MOVE THIS THROUGH THE COURT QUICKLY)


5) WE SPENT A SECOND "ALL-NIGHTER" PREPARING THE APPELLATE APPEAL ON THIS CASE INCLUDING THREE COPIES OF A 1652 PAGE RECORD ON APPEAL, A NOTICE OF APPEAL, AN APPELLANT'S BRIEF AND APPENDIX AND AN AGREEMENT THAT BOTH PARTIES STIPULATE TO THE RECORD.


YOU HAVE NO IDEA HOW FORTUNATE WE ALL ARE THAT BOB IS HEADING THIS EFFORT!  HE HAS DONE THESE THINGS BEFORE AND HAD TO WRITE VERY IMPORTANT DOCUMENTS IN A VERY SHORT PERIOD OF TIME!  THE PRESSURE WAS ON US ALL, NOT ONLY FOR CONTENT BUT FOR THE TREMENDOUS XEROXING AND ADMINISTRATIVE EFFORT TO MEET THE COURT REQUIREMENTS.


6) FRIDAY MORNING BOB HAD AN UNEXPECTED DAY SURGERY PROCEDURE IN THE HOSPITAL! (CAN YOU BELIEVE IT!)  BEFORE IT TOOK PLACE VERY EARLY ON FRIDAY AND EVEN WHEN WE WERE WITH HIM IN RECOVERY, HIS ONLY DETERMINATION WAS TO GET TO ALBANY TO FILE THE APPEAL PAPERS.  HE IS NOT A SUMMER SOLDIER :)


WHILE WE WERE IN THE RECOVERY ROOM WITH HIM,  :) I GOT THE EMAIL FROM THE APPELLATE COURT THAT JUDGE EDWARD SPAIN HAD SIGNED THE ORDER TO SHOW CAUSE AND THAT THE STATE HAD TO RESPOND IN WRITING BY MARCH 22.  THIS OF ITSELF IS A GREAT VICTORY, DEAR PATRIOTS!


WITH THIS IN HAND, WE DROVE TO ALBANY AND ACCOMPLISHED THE FOLLOWING ACTIONS BETWEEN 2 AND 5 PM ON FRIDAY:


WE WENT TO THE ATTORNEY GENERAL'S OFFICE AND MET WITH THE ASSISTANT SOLICITOR GENERAL (NOW ASSIGNED TO THE CASE).  WE SERVED THE SIGNED ORDER TO SHOW CAUSE ON HIM ALONG WITH THE RELEVANT DOCUMENTS.


WE THEN WENT THROUGH THE NOTICE OF APPEAL AND RECORD ON APPEAL WE HAD PREPARED THE NIGHT BEFORE, AS THE APPELLATE DIVISION REQUIRES THAT BOTH SIDES SIGN A STIPULATION DOCUMENT SAYING THEY AGREE WITH THE RECORD BEFORE THE APPEAL CAN BE FILED.


THE RECORD ON APPEAL IS SIX VOLUMES -- A TOTAL OF 1652 PAGES AS MENTIONED BEFORE -- AND INCLUDES ALL DOCUMENTS AND SUBMISSIONS FROM THE BEGINNING OF THE CASE ON THRU TO THE TIME IT IS TAKEN UP BY THE APPELLATE COURT.   THIS INCLUDES EACH ONE OF YOUR INDIVIDUAL VERIFICATION FORMS.  MR. PALADINO (NOT RELATED TO CARL) STIPULATED TO THE RECORD.


WE THEN PRESENTED HIM WITH TWO COPIES OF THE APPELLANT'S BRIEF AND APPENDIX.


AFTER WE LEFT HIS OFFICE, WE WENT TO THE CLERK'S OFFICE OF THE APPELLATE DIVISION AND OFFICIALLY FILED OUR APPEAL.  WE PRESENTED ANOTHER COPY OF THE RECORD ON APPEAL (1652 MORE PAGES!) WHICH INCLUDED THE NOTICE OF APPEAL AND BOTH PARTIES' SIGNED STIPULATION TO THE RECORD; PLUS 9 COPIES OF THE APPELLANT'S BRIEF AND APPENDIX.


NO ONE COULD BELIEVE WE HAD ACCOMPLISHED IN TWO DAYS WHAT WOULD NORMALLY TAKE WEEKS. :)


FRIDAY WAS A VERY LONG BUT VERY SATISFYING DAY.  THE APPELLATE JUDGE SIGNED OUR MOTION TO SHOW CAUSE!  WE GOT THE ATTORNEY GENERAL'S OFFICE TO STIPULATE TO THE RECORD IN ONE SITTING (THEY HAVE UP TO 20 DAYS TO DO THIS!) AND WE GOT THE APPEAL FILED!  VICTORY FOR LIBERTY!


UNFORTUNATELY WE THEN SPENT FIVE HOURS IN THE EMERGENCY ROOM ON FRIDAY NIGHT AS BOB REALLY DID PUSH HIMSELF TOO HARD AND THERE WERE SOME COMPLICATIONS.  HOWEVER, HE IS HEALING NOW.


AS I WRITE THIS UPDATE (THURSDAY MARCH 21), WE ARE IN THE CAR GOING TO ALBANY AND NEW YORK CITY TO SERVE THE CON-CON LAWSUIT WE FILED IN NOVEMBER!  THIS LAWSUIT IS A CLASS ACTION SUIT TO PREVENT ANY POLITICIANS OR OTHERS CLOSE TO GOVERNMENT FROM BEING DELEGATES IN ANY FUTURE CONSTITUTIONAL CONVENTION.  GOVERNOR CUOMO, MAYOR BLOOMBERG AND OTHERS ARE BEING SERVED TODAY.  (IF THEY DON'T KNOW IT NOW, THEY WILL SOON KNOW THAT WE THE PEOPLE ARE WAKING UP AND WILL DEFEND THE RULE OF LAW IN NEW YORK STATE!)


SOME OF YOU MAY BE PLAINTIFFS IN THIS CASE AS WELL.  WE DID FILE THE CASE IN LATE NOVEMBER AND HAD INTENDED TO EXPAND THE NUMBER OF PLAINTIFFS BEFORE SERVING IT.  HOWEVER, THE NY SAFE ACT HAS TAKEN OUR ATTENTION IN THESE PAST TWO MONTHS AND NOW WE MUST SERVE IT BEFORE THE TIME TO DO SO EXPIRES.  ANY FUTURE CON-CON IS LIKELY TO ADDRESS THE USE OF THE MESSAGE OF NECESSITY SO THE TIMING IS PERFECT FOR THIS!


ON MONDAY -18TH, WE SENT OUT A MEDIA RELEASE ANNOUNCING THAT THE STATE HAD BEEN ORDERED BY THE APPELLATE COURT TO SHOW CAUSE BY THE 22ND.  (WE DECIDED TO WAIT THROUGH THE WEEKEND TO ANNOUNCE THIS, TO ENSURE BETTER MEDIA COVERAGE AND ATTENTION.)  WE GOT SOME VERY GOOD PRINT AND TELEVISION PICK-UP.  THAT RELEASE IS ATTACHED.


HERE'S A LINK TO ONE OF THE PRINT ARTICLES:


http://poststar.com/news/local/midlevel-appeals-court-orders-state-to-respond-to-ny-safe/article_189e469a-90d0-11e2-a08d-001a4bcf887a.html­


IN ADDITION TO THESE ACTIVITIES, WE HAVE BEEN WORKING TO ORGANIZE A WAY THRU WHICH THE COURT, DEFENDANTS AND WE CAN COMMUNICATE WITH ALL THE PLAINTIFFS EASILY.  WE NOW HAVE A PLAINTIFF EMAIL LIST AS WELL AS A LIST OF PLAINTIFFS WHO WILL NEED TO RECEIVE UPDATES BY MAIL.


WE HAVE ABOUT 20 COUNTIES WITH PLAINTIFF LEADERS WHO HAVE VOLUNTEERED AND NEED TO FILL THOSE POSTS FOR 38 OTHER COUNTIES.  ONCE WE HAVE THE DATABASE COMPLETED, WE WILL FOCUS ON THIS ISSUE.


THAT'S ALL FOR NOW!  IF YOU ARE GOING TO BE IN SYRACUSE AT THE RALLY ON SATURDAY, WE'LL BE THERE AND BOB WILL BE SPEAKING!


THANK YOU FOR ALL YOU ARE DOING FOR THE CAUSE OF LIBERTY!

KEEP UP THE MOMENTUM ON THIS ISSUE!

KNOW IT IS ONE OF MANY, MANY SERIOUS VIOLATIONS OF OUR CONSTITUTIONS!


WE NEED TO GET ORGANIZED SO WE CAN ADDRESS THEM AND RESTORE CONSTITUTIONAL GOVERNANCE IN NEW YORK.


WE THE PEOPLE OF NEW YORK, INC EXISTS FOR THIS PURPOSE! WE CAN ONLY SUCCEED IF ENOUGH OF US STAND TOGETHER.


WE CAN BE AND MUST BE THE VOICE OF OUR STATE AND FEDERAL CONSTITUTIONS!


GOD BLESS YOU, ILLUMINE YOU, PROTECT YOU AND SHOW YOU THE WAY!


JUDITH WHITMORE

DIRECTOR - WE THE PEOPLE OF NEW YORK, INC

honoramerica@gmail.com­

www.wethepeopleofny.org­


*THANK YOU FOR YOUR DONATIONS AND WELCOME TO ALL THE NEW MEMBERS OF WTP-NY!  THOUSANDS OF DOLLARS ARE BEING SPENT ON WEBSITE DEVELOPMENT, COVERING MONTHLY BILLS AND TRAVEL EXPENSES OF THE ORGANIZATION AND COVERING COURT COSTS FOR FILING, PRINTING ETC.   WE COULDN'T DO ANY OF THIS ON YOUR BEHALF WITHOUT YOUR SUPPORT!  IF YOU HAVEN'T RECEIVED A PERSONAL THANK YOU OR WELCOME LETTER FROM US, IT IS COMING SOON.


THERE ARE ONLY 24 HOURS IN EACH DAY :) AND WE HAVE BEEN STRETCHED TO THE MAX.


GOD SAVE OUR CONSTITUTIONS!  SAVE OUR BELOVED AMERICA! AND RESTORE CONSTITUTIONAL GOVERNANCE CARRIED OUT IN DECENCY AND GOOD ORDER!
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