Conservative Party Chairman Pasquale Curcio gives the victory sign at a recent event after learning the courts have upheld his County leadership oosition.

A decision by a state appeals court last week has overturned an April 6 ruling by Supreme Court Justice Arthur Pitts, leaving the power of the Suffolk County Conservative Party in the hands of its longtime leader Pasquale Curcio of Copiague. Pitts’ decision had been in favor of Curcio’s political rival Daniel Donnelly, who challenged Curcio’s leadership on the basis that an election naming Curcio leader in September was illegal, and that another election minutes later naming Donnelly the leader was legal and binding.

The decision is particularly significant because the Conservative party has yet to nominate its candidates for November, and there are some clear differences between Curcio and Donnelly on who those candidates should be. Specifically, Curcio is a supporter of Republican County District Attorney James Catterson, who is seeking reelection, while Donnelly is not.

"This (appeals court) decision speaks loudly and clearly that the trial court was in error here and the Appellate Court saw through this for what it was: a sham," said Kenneth Auerbach, Curcio’s attorney. "In fact, at the oral argument in the case Judge Krausman asked Mr. Reich (Donnelly’s attorney) if they were being asked to assist him in perpetrating an absolute fraud."

The State Appellate Court maintained that the convention held by Curcio was legal and that his election as County Chairman should stand. Specifically, it supported his contention that a roll call of those voting was not required under the bylaws of the Party. Donnelly maintained that a roll call is necessary since the votes were weighted.

"The Judges said no roll call was not needed," said Perry Reich, Donnelly’s attorney. "I don’t see how you can count weighted votes without a roll call."

"In my opinion what the court did was legislate new law," said Donnelly, who has filed an appeal to the latest ruling. "And I don’t think they can usurp the authority of the state legislators who have said that if there is more than one candidate, you have to have a roll call."

In a last ditch effort, Donnelly is now asking that the courts issue a stay preventing the Board of Elections from certifying Curcio as the leader and preventing him from making key nominations in the upcoming Town and County races.

Auerbach said any appeal is likely to fail since the four-judge appeals panel not only voted unanimously in Curcio’s favor and issued a strong statement that Donnelly’s case was without merit.

The law firmly establishes that except where expressly governed by legislation, the internal organization and authority of a political party is governed by party rules, the judges noted. "Accordingly, it is proper for the chairperson of the convention to utilize a voice vote as submitted.....We further note that the rules require a roll call vote only if such a vote be demanded by individuals in attendance who are entitled to cast at least one half of the votes of the committee. However, the minutes of the convention demonstrate that no such appropriate application for roll call vote was every made."

Reich said his client’s appeal has merit because the appeals court failed to take into account some of the other issues raised in the petition, and to consider all of the parties to the case, including Conservative Jack Pellicano of Deer Park. Pellicano, a Donnelly supporter, had testified and presented evidence before Justice Pitts that he was not adequately served notice of Curcio’s legal challenge against Donnelly’s convention and election.

"We were prepared to go forward with a hearing and to present all of our witnesses and our evidence," said Reich. "We didn’t have the opportunity to do that."

Auerbach said the appeals court didn’t consider those issues because it found the first convention at which Curcio was elected legal.

"Everything after that means nothing," he said.