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OWS.harris.art78.Petition

OWS.harris.art78.Petition

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Published by Ben Meyers

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Published by: Ben Meyers on Aug 20, 2012
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08/20/2012

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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ xIn The Matter of the Application Of :MALCOLM HARRIS, :Petitioner, :For A Judgment Under Article 78 of the CPLR, :-
 
against - :MATTHEW A. SCIARRINO, : Oral ArgumentJudge, Criminal Court Of The City Of New York, RequestedCounty of New York, :Respondent, : INDEX No.And :CYRUS R. VANCE, JR., ESQ., :District Attorney,New York County, :And :TWITTER, INC., :Additional Parties :Respondent _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _XNOTICE OF PETITIONFOR A JUDGMENT UNDER ARTICLE 78TO THE ABOVE NAMED RESPONDENTS:PLEASE TAKE NOTICE
 
that, upon the annexed Verified Petition, verifiedon August 17, 2012, the exhibits attached thereto, and the accompanying
12103569
 
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Memorandum of Law, the undersigned shall move at the court house of theNew York State Supreme Court, New York County Courthouse, located at 60Centre Street, New York, New York 10007, in the Motion Submission Part,Room 130, at 9:30 a.m. on _________________, 2012, or as soonthereafter as counsel may be heard for an Order of Judgment pursuant toArticle 78 of the Civil Practice Law and Rules:a)
 
enjoining Respondent from enforcing subpoenas the District Attorneyissued on January 26, March 8, 2012 and/or May 30, 2012, each of whichimplicate Petitioner’s rights of speech and association under the UnitedStates and New York Constitutions,b)
 
enjoining Respondent from enforcing the Orders he entered on April20, May 4 and June 30, 2012, which similarly implicate Petitioner’s rights of speech and association;c)
 
enjoining Respondent from conducting an
in camera
inspection whichwould make Respondent one of the principal means by which Petitioner’sconstitutional rights were violated; andd)
 
enjoining Respondent from affording the District Attorney any of theinformation and/or materials he sought under cover of the three subpoenasand/or three Orders; or, alternativelye)
 
vacating Respondent’s April, May and June Decisions and Orders;
 
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f)
 
enjoining Respondent from determining Petitioner’s standing in thiscase, based upon others’ rights, the third-party doctrine and/or the ‘bankingrecords rule;’ g)
 
compelling Respondent to recognize Petitioner’s clear standing tochallenge the subpoenas and Orders under each of the following authorities:the First and Fourth Amendments, the New York Constitution, ElectronicCommunications Privacy Act, Stored Communications Act, CriminalProcedure Law and common law; andh)
 
compelling Respondent to reach the substance and rule on the meritsof Petitioner’s challenges under those authorities; and, finally,i)
 
granting such other, further or different relief as the Court deems justand proper.PLEASE TAKE FURTHER NOTICE that, Pursuant to CPLR 7804(c) ananswer and any supporting papers must be served on the undersigned nolater than five (5) days before the return date set forth above.Dated: August 17, 2012New York, New YorkMartin R. Stolar, Esq.351 Broadway, 4
th
FloorNew York, N.Y. 10013(212) 219-1919Mrslaw37@hotmail.com  ____________________________Emily M. Bass, Esq.551 Fifth Avenue, 28
th
Floor,New York, N.Y. 10176(646) 810-3117

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