Judge rules Andrew Woodstock can't be on Centre Island's mayoral ballot

A state judge has denied a Centre Island mayoral hopeful's bid to qualify for the ballot in Tuesday's election, ruling he filed the challenge too late.

Nassau State Supreme Court Justice Randy Sue Marber said because the village's elections officer denied Andrew Woodstock's petition on May 27, he had three business days, or until May 30, to file a challenge. He filed his lawsuit in Nassau Supreme Court on June 2, and therefore the motion can’t be considered, she ruled. Woodstock argued his motion should be considered because he did not receive the determination from the village until May 28.

The litigation threatened to upend the election in the small village of Centre Island, home to about 400 residents. The election is scheduled for June 17. 

“The court cannot ignore or insert language into the statute, which plainly states that three business days run from the determination of invalidity,” Marber said in her 11-page decision.

Woodstock had sought to challenge Lawrence Schmidlapp, who has been mayor since 2009. Schmidlapp filed a formal complaint on May 15 to Donna Harris, the village’s chief election officer, questioning Woodstock’s residency and citing his “criminal record involving moral turpitude.”

The lawsuit accused officials — including the mayor's wife and village clerk, Carol Schmidlapp — of a "conspiracy" to keep Woodstock off the ballot.

Harris told Woodstock his petition was invalid.

Woodstock told Newsday he owns property in Florida but his permanent residence is in Centre Island. The Suffolk County District Attorney’s Office criminally charged Woodstock and his construction company in 2020 with cheating workers out of pay, Newsday previously reported. Woodstock pleaded guilty to a “noncriminal violation,” while his company pleaded to a misdemeanor, state court records show.

Tense court hearing

A nearly three-hour hearing on Thursday grew contentious at times as attorneys for both sides sparred over the specifics of election law. Marber reminded the lawyers on multiple occasions they shouldn’t speak out of turn.

Attorneys for the village focused on the timeliness of Woodstock’s challenge. Keith Corbett, an attorney representing the village alongside Peter MacKinnon, said the court can't consider a challenge if the case is filed later than three days of a petition denial.

“It’s black-letter law,” Corbett said during the hearing. “They did not get here timely.”

John Ciampoli, an attorney for Woodstock, said the village “waited eight days” after denying Woodstock's petition in a hearing he wasn’t allowed to attend.

The village, Ciampoli said, gave Woodstock “no due process.”

“It’s a lot easier to win an election when you don’t have an opponent on the ballot,” Ciampoli said.

On Monday, attorneys argued before Marber in a 45-minute closed-door status conference. 

Challenger vows to fight

Woodstock told Newsday in a phone interview Friday that he was "disappointed" in the court's decision, which he said was made on "a technicality."

He said his legal team is planning to appeal. Woodstock said he will try to win the election by soliciting write-in votes.

"I'm still planning on trying to make a run for this, to make a change," Woodstock said.

Schmidlapp during a phone interview on Friday said Woodstock "worked very hard to throw me out." Schmidlapp believes he'll win the election, even if Woodstock gets write-in tallies.

Voters can cast ballots on Tuesday from noon to 9 p.m. at Centre Island Village Hall, 303 Centre Island Rd.

By Joseph Ostapiuk

joseph.ostapiuk@newsday.com@OstapiukJ