The only candidate standing between Queens District Attorney Richard A. Brown and a sixth term is not qualified to compete in Tuesday’s Democratic primary because he is not a lawyer, a unanimous appeals panel in Brooklyn ruled yesterday. Relying on a 1995 New York Court of Appeals ruling, the Appellate Division, Second Department, in Matter of Brown v. Board of Elections, 17766/11, disqualified Everly Brown, a developer of moderate and low-income housing.
Mr. Brown’s lawyer, Herbert Moreira-Brown, who is not related to either candidate, said in an interview that the courts “have legislated from the bench to disqualify a candidate where there is no law that says the candidate is disqualified.” Mr. Moriera-Brown said his client will seek an order from the federal court in Brooklyn restoring him to the ballot.
