HOW FAR HAVE WE COME?

by Keith A. Robinson, Department Commander

After our highly successful trip to the National Mid Winder Conference in Washington, DC, my wife Carrie and I returned home to Rochester to begin preparation for the upcoming spring travel schedule.

On our way to Hudson Valley in March for the SEC, I along with the DAV Department of New York Auxiliary Commander Diane Wisnesky, visited the Albany VAMC. We met with the Director and members of the Lt. Vibert O. Fryer Chapter #88 from Schenectady. The lunch they provided to us afterwards was superb.

After a very successful SEC meeting at the Hudson Valley Resort in Kerhonkson, the DAVA Department Commander Diane Wisnesky and I were off again to visit some more of our VA Medical Centers. We toured Castle Point and met with members of Castle Point Chapter #144 to discuss issues and concerns. A great lunch was provided by them on our way down to Montrose. We met with the Director of both facilities at Montrose and received a tour of the facility. Joining us for these visits was our Department Jr. Vice Commander Deane Springstead and his wife.

We met with Congressman Tom Reynolds at a veterans workshop he conducted in the Town of Greece with some members of our Department Commanders Legislative Action Team which had been assembled during our National Midwinter Conference in Washington, DC. Among the team were PDC Ron Tears and Joanna Nichols, Adjutant of DAV Chapter #4 in Canandaigua.

I was invited to speak at a VFW County Council Awards Ceremony in Rochester were I delivered the messages brought forward by our National Commander Brad Barton during the Joint Legislative Committee session held in Washington, DC.

Next, I made a presentation on behalf of the the DAV Department of NY at the CARES Commission LAP meeting at the VAMC Canandaigua.

We attended the National Commanders Testimonial Dinner in Portland, Oregon with our Department Adjutant Sidney Siller and Prosper Sodano along with my wife Carrie and Shirley Siller. It was a moving testimonial to a dedicated disabled veteran who has selflessly fought for the betterment of all disabled veterans and their families.

I was also asked to speak at a National Day of Prayer Ceremony at the Lifetime Assistance Center in Henrietta, NY. My wife Carrie and I were very moved to see over 60 developmentally disabled adults plus their families and caregivers come together to express their love of God and Country.

From there it was off again to Long Island to attend the Department of New York's 86th Anniversary Gala at the El Caribe in Brooklyn. Prosper Sodano outdid himself in the menu items he provided at the affair. I am told we had over 520 people in attendance breaking all previous records. If you did not attend, you missed a truly spectacular event. Please try to place it on your calendar for next May. You will be glad you did.

Then, it was time to visit the New York City area VA Medical Centers with our Department Auxiliary Commander Diane Wisnesky. We toured Brooklyn , met with the Director there and then went on to tour St. Albans. The following day we toured Manhattan in the morning. In the afternoon I met with the Associate Director at the Bronx VAMC along with members of the Abe Wolkofsky-Bronx County Chapter #23. After a short tour of the facility, we held a discussion of issues beneficial to the DAV and the medical center.

My home Chapter, Monroe County Powers Chapter #15 in Rochester, held a Department Commander's Homecoming celebration along with their annual Peter Adema Awards dinner. With over 80 people in attendance, the Chapter felt it was a success and asked me to thank all who made the trip to Rochester to celebrate with us.

It was then time to visit VAMC Buffalo where we met with the Director and discussed issues of mutual benefit along with our Department Auxiliary Commander Diane Wisnesky. I then traveled on to the Batavia VAMC to speak with the Director there and tour that facility.

I have yet to visit the Bath and Canandaigua VAMC's, but I will be there to visit them before the Department Convention in mid-June.

I hope, as many of you as possible, will attend the Department Convention in June. It is not too late to make arrangements to attend. Please remember to elect your Chapter Delegates and send in the Credential Forms ASAP.

We hope to see you all there.

FOLLOWING THE BOOK

by Sidney Siller, Sr., PDC, Department Adjutant

The "Ten Commandments;" "The Holy Bible;" "The Constitution of the United States;" the Military Academy's "Honor Codes;" and "Army and Navy Regulations;" are all based on principles of conduct that govern our civil or military lives. As does the "National Constitution and By Laws;" "The Department Constitution and By Laws;" and the "Chapter Constitutions" govern our DAV activities.

In 2004, Chapter #126 (the largest Chapter in the Department of New York) had an illegal election that was set aside by the Department of New York because the election was held on the wrong date and had procedural violations; all in violation of the Chapter's Constitution and By Laws.

The Department notified the Chapter that a new election would be set, and that all Chapter members would be notified that a new election would be held. On the appointed day and hour, with Department Officer's in attendance to monitor the election process, two members of the Chapter, Mr. Bello and Mr. Daniels, enjoined the Chapter #126 and the Department of New York; effectively derailing a legal election.

Mr. Daniels and Mr. Bello eventually lost their attempt and the Justice presiding denied their motion to bar the Department of New York DAV from conducting a new election. They thereafter renewed their motion; and obtained a 12th hour Order prohibiting the Department from proceeding with our 2005 State Convention. From the Convention Dinner, we arranged for our attorney to seek an Order vacating the stay of the election. All the delegates and officers waited for the Court to rule, so that they could vote and then return to their personal affairs. At 12:10 pm, the Court notified us that the stay was vacated.

Mr. Daniels and Mr. Bello then perfected their appeal and it was argued in the Appellate Division in late October, 2006. The Appellate Division ruled unanimously in favor of the Department of New York.

Because of the issues involved in this case, and the money it cost the Department, you are entitled to know the full story in plain terms.

Mr. Bello and Mr. Daniels failed to exhaust their remedies within our organization before they had any right to institute any legal action against the Department.

The full text of the Court's Decision in printed for your edification and to take satisfaction, further proof that the Department of New York believes in our DAV Constitution and By Laws and will faithfully execute the mission of the Disabled American Veterans. We cannot afford the luxury of having a reckless and improper attempt to do an end run around our time tested rules of conduct.

And to the members of Chapter #126 DAV, we are indeed apologetic that the wheels of justice do grind so awfully slow. But, in the end, they will have the election they sorely want.

All the best to Chapter #126.

Moreover, since "a motion for a temporary injunction opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading" (Guggenheimer v (*2)Ginzburg, 43 NY2d 268, 272 (1977)), the court was warranted in dismissing the petition.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: MAY 1, 2007

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