Oral Arguments Made in New York State Supreme Court Case Against Silver for Using Public Funds in Lopez Settlement

shel-vitoThis an update courtesy of We The People of New York, Inc, regarding the Sheldon Silver (Lopez) case now in State Supreme Court in Albany.

On Friday, October 11, 2013 at 10:30am, Robert L. Schulz, pro so plaintiff, was scheduled to argue against Christopher Massaroni of McNamee, Lochner, Titus & Williams, P.C., attorney for defendant Sheldon Silver. The proceedings were to take place at Albany County Courthouse, 16 Eagle Street, with New York State Supreme Court Justice, the Hon. Kimberly A. O’Connor, presiding.

  • Schulz v. Silver
  • Albany County Index No: 3306-13
  • RJI No. 01-13-111015

The constitutional challenge was initially brought to the Court on June 13, 2013 against Speaker of the New York State Assembly Sheldon Silver for violating Article VII, Section 8 of the New York Constitution by using public funds in the amount of $103,000 as partial settlement of an Agreement executed between Vito J. Lopez and others on or about June 6, 2012.   

Three provisions of the NY Constitution are in question:

  1. The money of the State shall not be given or loaned to or in aid of any private corporation or association, or private undertaking.” Article VII, Section 8.
  2. The Assembly shall determine the rules of its own proceedings.”Article III, Section 9.
  3. The legislature … may appropriate money to pay …claims as shall have been audited and allowed according to law.” Article III, Section 19.

The lawsuit asks the Court to direct Silver to compensate the treasury of the State of New York directly from his personal funds within 20 days from the date of the Court’s Order.

Here is a summary of the case docket to date:

On June 13, 2013, Schulz filed a constitutional challenge against Sheldon Silver.

On August 5, 2013, Silver filed a motion to dismiss the case.  

On August 21, 2013,  Schulz filed our opposition to the motion to dismiss.

On August 28, 2013, Silver filed a reply in further support of motion to dismiss.

On September 9, 2013, Silver filed a motion for oral arguments.

On September 10, 2013, Schulz filed a reply in opposition to oral arguments. 

On September 16, 2013, the Court scheduled oral arguments for October 9. 

On September 18, 2013, Silver requested another date and the re-scheduled oral arguments for October 11.

Click Here to access WTP-NY documents pertaining to this case.  

“Our elected officials take an oath to obey the NY State and federal Constitutions,” said Schulz.  “The prohibition regarding the use of public funds in aid of private undertakings is very clear. Mr. Silver has publicly admitted he did not handle the matter properly. The  money, which belongs to the taxpayers, had no business being used for this purpose and must be put back.”

Plaintiff is also asking the Court to order Silver to pay back the public money he is now using for private representation in this matter.

Updates will be added as we receive them.


We The People of New York, Inc is a 501(c)(4) non-political, not-for-profit statewide organization. Their declared mission is to hold all in government accountable to the Rule of Law, from our State and Federal Constitutions down through our City Charters and Municipal Laws.

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