87/09/2089 1:14 = 516--222-2938 FEDEX OFFICE = =—- 2442 PAGE @1 Fax Jul 8 2009 14:dBpm- F002 Saecrgl Ata Wfotton Term of the Supreme Court of the State of New ‘York, held in and for the County af Nassau , at the Supreme Court Courthouse thereof, located at 100 Supreme Cow't Drive, Mineola ‘ew York on the Pay of July 2009 PRESENT: HONORABLE _ + au 7 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU Supreme Court Justice DEAN G. SSELOS and PEDRO ESPADA, JR. ,as duly cleoted members of the New York State Senate, INDEX No. Plaintiff, ORDER TO SHOW CAUSE & TEMPORARY, in RESTRAINING ORDER DAVID PATERSON, as Governor ofthe State of Newr York, aad RICHARD RAVITCH, putative nome for Licutcnant Governor of the State of New York, and LORRAINE CORTES-VAZOUEZ, as Secretary ofthe State of New York, Defendants - ‘Upon the reading of the annexed and accompanying affirmation: of counsel, the summons and verified complaint annexed hereto, LET the defendants, of counsel appeat and show cause before an LAS. Part of the Suprome Court of the State of New York Nascau County at the Courthouse located at 100 Supreme Court Drive Mineola, New York before a justice of this Court on the th day of July 2009 at _1[ 2 Aloclock in the factor ‘of that day or as soon thereafter as counsel can be heard WHY an order should not be issued 1. Preliminarily enjoining Defendants or any other person acting in concert with them frat exercising any of the powers of the office of Lieutenant Governor of the State of New07/09/2889 B1:14 = §16--222-2938 FEDEX OFFICE =. 2442 PAGE 82 THIN Fax UE 8 2008 T1:aTen PuNE,IE ‘York: by the New York Stato Constitution o7 by the State of Now York, iuctuding but not limited to those powers regarding presiding over the Senate of the State of New Yo! 2. Declaring that the Office of Lieutenant Govemot is vacant accottling to the rules of succession under the Constitution of the State of New York; 3, Declaring as null and void ab inttio any action taken by any such putative nominee; 4, Direxting and enjoining that the Secretary of State and no officer of the state shall accept for any filing any oath of office executed by the putstive nominees SUFFICIENT CAUSE appearing therefore itis further UPON THE WRITTEN AND ORAL APPLICATION OF COUNSEL PURSUANT TO SECTION 304 OF THE CPLR IT IS HEREBY DETERMINED, ORDERED, ADJUDGED. © AND DECREED, that this being July 4, 2009, and the hour being 12723 AM, and that the Court Clerk's Office is closed, and that the Office of the County Clerk is closed preventing the Sling of the initistory papers inthis proceeding, and farther, as this application has been sade sfter business hours, and thet these facts make the purchese of an Index Number, end a qe, Request for Judicial Intervention and the accomapanying filing IMPOSSIBLE, therefore it ie ORDERED, Petitioner is hereby granted leave of this Court to make a delayed filing of the within papers and shall file and pay for an Index Number and RUT watun thy dayf of the signing of this order with the County Clerk, within the time frames specified by the CPLR, and it is further CORDIERED, that this special proceeding shall be deemed to have baen commenced by the signing ofthis order pureuant fo the provisions of CPLR 304, and the case law of the Second Department, and that service thereof may be made immediately,87/89/2089 1:14 = 516--222-2938 FEDEX OFFICE = =—- 2442 PAGE 83 _wl FL sal GSl Fax Ja) 8 2008 11:4ten PONS — Sufiicient season appearing therofare, leave is hereby granted to the petitioners to subsnit, on the date set for the hearing or the trial of this matter additional witnesses, exhibits, proofs and otter evidence as may be necessary, and, ‘Sufficient reason appearing therefor, Jeave is hereby granted to the petitioner to amend hhisuer pleadings 2s may be necessery, and, eatin ORDERED THAT PENDING | OF THE APPLICATION, DEFENDANTS ARE TEMPORARILY RESTRAINED AND ENJOINED FROM FILING OR CAUSING 70 BE FILED ANY OATH OF OFFICE OF DEFENDANT PUTATIVE NOMINEE; AND Heakiy ORDERED THAT PENDING SOF THE APPLICATION, DEFENDANTS ARE TEMPORARILY RESTRAINED AND ENJOINED FROM ACTING WITH REGARD TO OR EXERCISING ANY OF THE POWERS ACCORDED 10 THE LIEUTENANT GOVERNOR OF THE STATE OF NEW YORK, BYSTHE NEW YORK STATE CO? STITUTION; AND IT IS FURTHER ORDERED that the service of the a copy of this Order to Show Canse and the papers ‘spon which its based be made on or before 124M on the Aifeay of July 2009, which shall be deemed good and sufficient service if made as follows Pursuant to CPLR 307 (2) on each of the Defendants by delivering copies at their offices as follows: ‘UPON Defendant Paterson at the Office of the Govemor, The Capitol, Albany, NY, 174 UPON the puttive nominee at the Office ofthe Lieutenant Governor, The Capitol, Albany, NY, 12224 or in person,