Weinstock Wins Big in Appellate Court

GREAT NECK, NY (May 17, 2020) The Albany Appellate Court issued a unanimous decision – in favor of Michael Weinstock on Friday afternoon. It was the first case conducted via videoconference, in the history of the Albany courthouse.

Michael Weinstock is a former Brooklyn prosecutor and 9/11 firefighter. He is running for Congress in New York’s Third Congressional District, which includes sections of Queens, Nassau, and Suffolk Counties.

Melanie D’Arrigo is a wellness coach and community activist from Port Washington. D’Arrigo filed numerous legal challenges against Weinstock, trying to knock his name off the ballot.

According to D’Arrigo’s financial disclosure reports, she and her husband have more than a million dollars in mutual funds and trust funds. Her campaign is mostly self-funded.

Both D’arrigo and Weinstock are challenging incumbent Tom Suozzi in the Democratic Primary, which is scheduled for June 23.

Although the courthouses across New York are almost entirely shut down because of the COVID-19 pandemic, D’Arrigo retained Manhattan attorney Arthur Schwartz to try to get Weinstock’s name removed from the ballot. Unfortunately for Ms. D’Arrigo, her strategy had a couple bumps in the road.

D’Arrigo knew that voters would be appalled at the concept of aspiring politicians filing lawsuits during a pandemic, so her campaign tried getting a little bit creative. One of D’arrigo’s supporters filed a lawsuit against Weinstock – and the same supporter also filed a lawsuit against D’Arrigo. The scheme quickly unraveled.

Jay Jacobs, the Chairman of the New York State Democratic party said that D’arrigo’s plan to “play the victim” was “absolutely outrageous,” and he denounced her ploy to “deceive the public.”

D’Arrigo’s legal team stumbled a second time, when they attempted to serve Weinstock with legal papers. In New York, it is illegal to serve legal papers on Sundays, which is considered the day of rest. This law is extended to Saturdays, if the recipient is Jewish and observes the sabbath on Saturdays. People who deliberately serve observant Jews with legal papers on Saturdays can be prosecuted with a misdemeanor.

Schwartz told a reporter for the Jerusalem Post that Weinstock was a “BS Artist” and a “Non-observant Jew.”

During a contentious hearing in State Supreme Court last month, Schwartz told the judge that he was permitted to serve Weinstock with legal papers on a Saturday, because Weinstock was not a “Super Orthodox Jew.” Weinstock strongly objected and the judge sided with Weinstock. Ultimately, the court dismissed the lawsuit after concluding that it was filed one day late.

D’Arrigo promptly filed an appeal and the case went before the New York State Appellate Court. Schwartz continued to represent D’Arrigo and Weinstock represented himself.

Because of COVID-19, the courthouse is closed to the public and the judges are now conducting court business via Skype. On Friday morning, Weinstock’s case was chosen to be the very first case in the history of the Albany Appellate Court to be conducted through video conference.

Schwartz decided to use a less confrontation approach when addressing the five appellate judges. He conceded that Weinstock is an observant Jew, but he told the court that he had no obligation to speak with his client and inquire whether Weinstock might be religious. “I am Jewish and in New York City there are a million of us.”

The Appellate Court affirmed the decision of the lower court and concluded that the lawsuit was filed one day late, and the case was dismissed a second time. It was not a close vote. The decision was 5-0.

“I’m relieved” said Weinstock, after the decision was released. “Melanie D’Arrigo is a very wealthy woman and she’s allowed to spend her money however she wants, but every time she files one of these lawsuits, she not only keeps me from campaigning but she endangers the lives of the Board of Elections staffers who are required to leave their homes and work on her lawsuit.” He also added “I think maybe she’s not the best wellness coach around.”

Read the official decision here: Appellate Division of the Supreme Court of the State of New York