SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF ALBANY THOMAS P. DiNAPOLL, as Comptroller of the State of New ee Index No $1 33°0 “ Plaintiff, Date Purchased: July 6, 2009 SUMMONS -against- PEDRO ESPADA and MALCOLM SMITH, as duly elected members of the New York State Senate, and DEAN SKELOS, as a duly elected member of the New York State Senate, and ANGELO APONTE, as Secretary of the New York State Senate, THE NEW YORK STATE SENATE, DAVID. PATERSON, as Governor of the State of New York, and AIDA BREWER, as Treasurer of the State of New York, Defendants, TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on Plaintiff's attomey within 20 days after the service of this. Summons, exclusive of the date of service, or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York. in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Albany County as the place of trial. The basis of the venue designated is Plaintiff's residence (under CPLR § 503) at the following address: Office of the State Comptroller, 110 State Street, Albany, NY 12236.Dated: July 6, 2009 Albany, New York General Counsel to the Comptrotier Attomey for Piaimtiff 110 State Street, 14" Floor Albany, New York 12236 (518) 474.3404SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY THOMAS P. DiNAPOLI, as Compwrolier of the State of New York, Plaimttt, Index No, S*33-X RINo. VERIFIED COMPLAINT -against- PEDRO ESPADA and MALCOLM SMITH, as duly elected members of the New York State Senate, and DEAN SKELOS, as a duly clected member of the New York State Senate, and ANGELO APONTE, as Secretary of the New York State Senate, and THE NEW YORK STATE SENATE, DAVID. PATERSON, as Governor of the State of New York, and AIDA BREWER. as Treasurer of the State of New York, Defendants, Plaintiff, by his General Counsel Luke Bierman, Esq., as and for his complaint, alleges as follows: PRELIMINARY STATEMENT 1, Thisis an action seeking a declaratory judgment as to the rights and other legal relations of the parties to a justiciable controversy, pursuant to CPLR 3001 2. Plaintiff, the Comptroller of the State of New York, is required by Article V Section 1 of the Constitution of the State of New York “to audit all vouchers before payment...” Article V, Section 1 continues, “The payment of any money of the state, or of any money under its control, or the refund of any money paid to the state, except upon audit by the comptroller, shal! be void ....”