A state appeals court upheld acting state Supreme Court Justice Peter Corning's order that 38 people are not members of the Cayuga County Independence Party.

Corning's Sept. 1 decision was affirmed Friday by the state Appellate Division, Fourth Department.

Four justices affirmed Corning's decision, noting in their decision that there

was sufficient evidence of

a “concerted effort by respondents to take control of the

Cayuga County Independence Party.”

The justices said that the evidence included all 38 enrolling in a short period of time between June and October 2005, petitioning to be members of the party committee and having some relationship to respondent James Morrissey, warden of Butler Correctional Facility. Morrissey was the first respondent to transfer from the Republican Party to the Independence Party.

Cayuga County Independence Party Chair Frederick Farrell, acting as his own attorney, successfully secured the dismissal of the 38 people's membership in the party ahead of the Sept. 12 primary election for spots on the Independence Party county committee.

Farrell argued that they were not sympathetic to the party's ideals.

Two justices dissented in Friday's decision.

They wrote a dissent that was much lengthier than the affirming decision.

They wrote that the respondents' argument was correct there was not sufficient evi-

dence for Farrell and other

party officials to justly determine that the 38 were not in sympathy with the Independence Party and should not be members.

The justices said it was incorrect to determine the respondents did not have an interest in circulating or signing

petitions for Independence Party candidates when more than

20 percent of the respondents - eight of 38 - signed petitions for party candidates for Cayuga County Court Judge

and Cayuga County Sheriff in 2006.

The justices noted the candidates were also running as Democratic Party candidates, which undermined the argument that the respondents were only participating in the Independence Party to help the Republican Party.

They further noted Morrissey's daughters, Kathleen Holm and Susan Reilley, were

two of the respondents who signed petitions, further undermining the evidence of party raiding.

Staff writer Amaris Elliott-Engel can be reached at

253-5311 ext. 282 or at amaris.elliot-engel@lee.net