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Board of Elections Commissioner Suit

Board of Elections Commissioner Suit

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Published by Celeste Katz
Board of Elections Commissioner Suit
Board of Elections Commissioner Suit

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Published by: Celeste Katz on Feb 11, 2013
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02/11/2013

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-
1y
At
IAS
Part
__
of
the Supreme
Court
of
the State
of New
York,
held
in
and
for the County
of
New
York,
at
theCourthouse located
at
60
Centre Street,
1
iii,
"
'
.I
k
[
r"
I
--E
:f
*
"3r
to
New
York,
N.Y.
on the day
of
E.:
,
."
.
,
-1
d
February,
201
3
PRESENT:
Hon.
9
Justice
X
.......................................................................
In theMatter
of
the Application
of
PHILIP
RAGUSA
and
JUDITH D. STUPP,
Petitioners,-against-
JAMES
S.
ODDO,
ERIC
IJLRICH
and
VINCENT
IGNIZIO,
as
members
of
the RepublicanCaucus of
the
New
York
City
Council,
THE
NEW
YORK
CITY
COUNCIL,
THE
BOAFtD
OF
ELECTIONS
IN
'WE
CITY
OF
NEW
YORK
and
MICHAEL
MICHEL,Respondents,For an order pursuant to
N.Y.
Election
Law
Sec.
3-204
annullingthe purported appointment
of
Michael Michel
as
the Queens County Republican Commissioner of the
Board
of
Elections in the City
of
New
York.
X
.......................................................................
ORDER
TO
SHOW
CAUSEUpontheannexed Petition
of
Philip Ragusa, verified on the 6th day
of
February, 2013,
the
affidavit
of
Philip
Ragusa
sworn
to
on
the
6th
day
of
February,
2013,
the
affidavit of Robert
1
Supreme Court Records OnLine Library - page 1 of 18
 
Hornak
sworn to
on
the
3
1
t
day
of
January, 201 3, the emergency affirmation
of
Lawrence
A.
Mandclker dated February
7,20
13
and all the prior proceedings heretofore had herein,
LET
Respondents or their attorneys show cause before this
Court,
at an
IAS
Part
-
eld in
Room
__
at the Courthouse, at
60
Centre Street, New York, New York 10007,
on
February
,
2013
at
9:30
A.M.,
or as soon thereafter as counsel can be heard, why ajudgment should not be entered pursuant to
N.Y.
Election Law Section 3-204 (a) determiningthat
a
certain certificate signed
by
petitioner Ragusa on November
3,
2012 (the “Certificate ofRecommendation”) recommending the appointment of petitioner Stupp
as
the RepublicanCommissioner
of
Elections
from
Queens County (the “Queens County RepublicanCommissioner”) was filed with the Office
of
the Clerk of respondent New
York
City
Council
at
least
30
days prior to January
1,
2013 and
was
a
valid
and
effective party recommendation torespondent Council pursuant to Election
Law
$3-204;
(b)
annulling
the
purported appointment
of
respondent Michael Michel
on
January 25,
201
3
as Queens County Republican Commissioner;(c) declaring that pursuant to Public Officer’s
Law
$5,
petitioner Stupp shall continue to occupythe
office
of
Queens
County
Republican Commissioner until such time as either, she
is
rcappointed
to
that
ofiice, or a succcssor
is
appointed in accordance with the provisions
of
Election Law
53-204;
(d) directing that the Executive Committeeof‘the Queens CountyRepublican Committee
be
permitted
to
file
a
new certificate
of
party recommendation
by
March
11,
2013 with the office
of
the Clerk
of
the New
York
City Council recommending theappointment
of
any qualified and suitable person for appointment as
Queens
County RepublicanCommissioner for the balance
of
the
four
year term ending on December
3
1,
201
6;
(e) that uponreceipt
of
a timely filed new certificate of party recommendation, directing respondent
New
2
Supreme Court Records OnLine Library - page 2 of 18
 
York City Council to take any action authorized under Election Law 53-204 and;
(0
grantingsuch other
and
further relief
as
to the Court
may
deem just and proper.SUFFICIENT
CAUSE
BEING
SHOWN,
pending the hearing
and
determination of thewithin proceeding, respondent Michael Michel is hereby temporarily restrained from eitherdischarging or taking
any
adverse employment action against any employee
of,
or hiring
any
new employees for respondent Board of Elections in the City of New York; and it
is
further
ORDERED,
that service
of
a
copy
of
this Order, together with the papers upon which it isgranted, shall
be
deemed sufficient,
if
made
as
follows: (a)
on
respondents Oddo, Ulrich andIgnizio by overnight mail or delivery service sent on or before February
,
2013 to theirrespective Legislative Offices at
250
Broadway, New York,
N.Y.;
(b)
on
respondent New YorkCity Council on
or
before February
,
2013 by personal delivery
to
a person ofsuitablc age
and
discretion
at
the Office
of
the City Clerk;
and
(c)
on respondent Board ofElections in the City of New York
on
or before February
,
2013
by
personaldelivery to
a
person of suitable age
and
discretion at thc general or
any
borough office
of
theBoard; and
it
is furtherORDERED,
that
this motion will be argued orally on the return date, and it
is
further
\
ORDERED,
that
papers in opposition
to
this motion,
if
any, shall
be
served upon KantorDavidoff Wolfe Mandelker Twomey
&
Gallanty, P.C.
so
as to be received by close of business
on
February
,2013;
and it
is
further
3
Supreme Court Records OnLine Library - page 3 of 18

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