A New York state judge dismissed a trial alleging voter fraud in the small upstate hamlet of Fleischman, but said the matter was now being investigated by law enforcement agencies, according to a court document. .
The lawsuit – which alleged that voters who did not live in the village illegally cast absentee ballots in the March 15 election for two trustee seats – were technically dismissed, Judge Brian Burns ruled in his May 26 ruling. wrote.
The case, first reported by The Post, alleged that a group of Orthodox Jews were trying to fraudulently “take control” of Fleischmann’s government by pushing zoning and development laws in favor of his projects. was for.
“The Court notes that the petitioner’s allegations of election fraud are serious in nature and does not dismiss their petition lightly,” Burns wrote.
But he said he had no choice.
“Although New York election law, in these particular circumstances, does not permit a full review of the allegations in civil court, it appears that the allegations are being actively investigated by various law enforcement agencies,” Burns wrote.
The suit called for the winning candidates — Aaron Goldring and Yasmin Sarabia — to be removed from office until a thorough investigation is complete, but that request, Burns said, “falls outside the authority of this court.” Gone.”
He said that only the state attorney general can remove elected officials from office.
The two candidates, Elizabeth Hughes and Daniel Halpern, who lost the election, and filed suit, may still get justice, their attorney Daniel Belzill told The Post.
“We are more optimistic than ever that these agencies will act to protect our fundamental democratic rights and prosecute those responsible for the crimes of false registration, illegal voting and other crimes so that this happens again in New York State. never be.” Belzil said in a statement.
Belzil is a resident of Fleischmanns and generally represents insurance policy holders.
“The court found that since our village had already administered oath to candidates, these candidates can now only be removed from office by the attorney general in a separate proceeding, and nothing else,” Belzil said. “Judge Burns unequivocally appreciates the seriousness of what happened in our village and is “putting the ball on the court” of county and state agencies to investigate.
A spokesman for the New York Attorney General’s office confirmed to The Post that it was “looking into the matter” at Fleischman.
Goldring and Sarabia’s attorney, James Curran, did not respond for comment.