Judge Robert Johnson
By Ray O’Hanlon
The judge was having none of it, and allowing some of it.
Bronx Supreme Court Judge, Robert Johnson, has denied requests for injunctive relief filed on behalf of former New York St. Patrick’s Day Parade Committee Chairman, John Dunleavy.
Dunleavy had filed suit against the parade board of directors, chaired by Dr. John Lahey, after a series of moves by the board that resulted in that body taking tighter control of the annual parade and its finances.
On Thursday, December 22, Judge Johnson denied requests for injunctive relief, but additionally ruled that the plaintiff, Mr. Dunleavy, had twenty days to file an amended complaint.
In the meantime, the parade board could continue to organize the 2017 parade without legal impediment.
In a statement, the parade board said: “The New York City St. Patrick’s Day Parade Board of Directors will continue working with the Affiliate Organizations and others to make the 2017 parade a fitting tribute to St. Patrick and a world-class celebration of Irish values.
“This ruling means the Board can continue to fully comply with the best practices for non-profit organizations and to maintain an institution in which Irish-Americans can be proud.”
Attorney for John Dunleavy, Frank Young, said that while the judge had dismissed John Dunleavy’s individual claim, this would have little practical effect because Mr. Dunleavy had already acknowledged that he did not have an individual claim.
Mr. Young said that the judge’s decision would mean that Mr. Dunleavy, though his legal representatives, would still be able to depose Dr. Lahey “and all else involved.”
Subsequently, Attorney Young released a statement on Mr. Dunleavy’s behalf in which the former parade committee chairman welcomed the decision by Judge Johnson, which, according to the statement, also had the effect of denying a motion filed by Dr. Lahey, and Frank Comerford of NBC – who is also a former parade grand marshal – to absolutely dismiss Mr. Dunleavy’s lawsuit.
Said the Dunleavy statement in part: “We especially welcome Judge Johnson’s finding that Dr. Lahey was wrong in his warped interpretation of the bylaws that several members of the Parade Committee were ineligible to serve in their elected capacities because they are not members of the Board.
“As Judge Johnson correctly noted, ‘Section 4 enumerates various criteria for eligibility, and noticeably omits any mention of a requirement that the individual be a member of the Board of Directors.’
“We also welcome a very important finding by Judge Johnson that an affidavit by WPIX Executive Robert Marra ‘raises the possibility that WPIX withdrew its offer due to the Defendants’ collective action.’
“Judge Johnson made it clear that there is a factual question to investigate as to whether Defendants ‘impermissibly exerted their influence to ensure NBC’s retention of broadcasting rights.’”
The statement also highlighted in stark terms the view taken by Mr. Dunleavy of the actions that resulted in his ultimately relinquishing his parade chairmanship.
Continued the statement in part: “We look forward to having Dr. Lahey, Mr. Comerford and other witnesses testify concerning the orchestration of a coup at the illegal Board meeting on June 30, 2015.”
The statement concluded: “Dr. Lahey continues to claim his actions are motivated by his desire to continue to reform the Board to comply with best practices for non-profit organizations.
“However, we believe the evidence will show that Dr. Lahey violated these best practices by undermining the legitimate offer by WPIX to broadcast the Parade at no cost to the Parade Corporation and refusing to comply with the recommendations of the Board’s own auditors that ‘ALL’ contracts for the parade should go out for competitive bidding.”
