AT A TERM OF THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF /f1:/fSS .~;-ON THE./.!

k_ DAY OF SEPTEMBER, 2011

/1-' V

J.S.C.

____________________________________ ~x
In the Matter of BOB TURNER Petitioner, -againstORDER TO SHOW CAUSE WITH RESTRAINING ORDER INDEX NO. DAVID I.WEPRIN, and

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF .N A 5 I~V

s

JUAN CARLOS "J.C." POLANCO, GREGORY C. SOUMAS, JOSE MIGUEL ARAUJO, NAOMI BARRERA, JULIE DENT, MARIA R. GUASTELLA, NANCY MOTTOLA-SCHACHER, J.P. SIPP, JUDITH D. STUPP, and FREDERIC M. UMANE, the Commissioners Constituting the NEW YORK CITY BOARD OF ELECTIONS, and THE CITY OF NEW YORK

____________________________________ ~x

Respondents.

Upon the annexed petition of BOB TURNER verifled on the 2011, the annexed Affirmation of Emergency

12th

Day of September,

of GRANT M. LALLY, ESQ. dated on the

12th

Day of September 2011, and upon all of the papers and proceedings heretofore had

herein, it is hereby

ORDERED, that respondents herein show cause before an I.A.S. term of this court held in and for the. County of King~ at the Courthouse thereof, more specifically, at the County Supreme Court Courthouse, 360 Adams Street, Brooklyn, New York, at 9:30 in the forenoon of the

J3_

Day of September, 2011, or as soon thereafter as counsel may be to the

heard, why an order of this court should not be made and entered pursuant provisions of Articles Seven, Eight, Nine and Sixteen of the Election Law:

1. Verifying the tallies of votes to be tabulated by electronic voting equipment on election night, and as may be updated by Respondent Board of Elections after the initial tallies are prepared. Such testing and verlfication shall include but not be limited to a test and review of the voting equipment utilized, the software used to tabulate ballots, a

comparison with the original source codes and software preserved pursuant to Section 7208 Election Law, and related sections of law, and the testing of the resident vote tabulation programming and all related software, including but not limited to the EMS (Election

Management System), as well as all security protocols to insure the integrity of the voting process,

2. Determining the validity of all ballots cast on paper in the 2011 Special Election for the subject office, and further determining the validity of all affidavit ballots,

2

emergency ballots, absentee, military ballots, and any other ballots cast for the public office of REPRESENTATIVE IN CONGRESS, 9th CONGRESSIONAL DISTRICT.

3.. Ordering the Respondent Board of Elections and the Commissioners thereof, to certify the name of the Petitioner Candidate, BOB TURNER as elected to the public office of Representative in Congress, 9th Congressional District, at the Special Election to be held therefor on the Thirteenth Day of September, 2011.

4. Ordering that the Respondent Board of Elections take appropriate

steps to assure

that voters in certain election districts who may be affected by any calamity, power failure, or other difficulty, have a full and fair opportunity to cast their votes, together with such other, further, and different relief as this court may find to be just and proper, and it is further

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. ORDERED, that Resp.ondent Board o..",J >\... ....H .......'r- ope",

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of Elections shall retain

at the Board of

Elections"'and shall not send any emergency ballot, affidavit ballot, absentee ballot, or military ballot to their respective election district polling station or precinct until further order of this Court, and it is further,

o s reports (ALL copies) and other records which are the

3

.tt~_d..on-th~:<Slrifri ~

es with the paper ballots-including a-review

of the ballots;3. An examinationof the workings and programminrdUal
machines and the EMS as may be demanded by Petitioners, all of hlch shall proceed only

with the petitioner's counseJ, poll watchers, or expert examifiers present.

Sufficient reason appearing the efore, leave is hereby granted to the Petitioners to submit on the date set for the/Jiearing
/'

or the trial of this matter additional witnesses,

exhibits, proofs and othe~vidence

§.ufficient reason appearing
//

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as may be necessary, and,

therefor, leave is hereby granted to the Petitioner to , aifd'-, ----------------~

~-imentl--herpleadingn rnrrayt;e
,...,, __ ~"...._. - ,_..,<I .....

hecess

Sufficient reason appearing therefor, it is further

ORDERED, that pending the hearing and determination

of this court upon the

within petition, the Respondent Board of Elections is hereby TEMPORARILY .ENJOINED AND RESTRAINED FROM CERTIFYING ANY CANDIDA1E OTHER TIIA:NTHE TO THE DISTRICT,

PJ5rITIONER,

BOB TURNER, AS THE CANDIDATE DULY ELECTED IN CONGRESS, 9th CONGRESSIONAL

OFFICE OF REPRESENTATIVE and it is further,

\_ .

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~
~

9RDJilRIollHhatin die evenl-th.,..anvass-of
specified

herein above, counsel for the parties hereto may adjourn same by stipulation,

and. counsel shall in orm tile Court by telephone th.~the

-

canvass may proceed with all due speed, and, it is-further

---

ballot

conJjDJJes beyond the return date-

-

of same immediately

upon agreeing

ORDERED that notwithstanding

any language to the contrary, this Order is not to

be interpreted in any way as an Order to stop or suspend the actual casting of ballots in. the Special Election for the office of Representative and, in Congress, 9th Congressional District,

Sufficient cause appearing therefore, it is further

ORDERED, that Petitioners shan cause copies of this Order together with all of the ancillary papers thereto, upon which this Order was granted, Upon Respondent Board of Elections, by personally delivering same to the offices thereof, or by personally delivering same to any of the Commissioners, thereof, on or before September or any Counsel

Jj_, 2011;

and

Upon Respondent, DAVID I. WEPRIN, by personally delivering same to him or any attorney designated by him, on or before September

&, 201~ or alternatively,

at the

option of the Petitioner, by affixing same to the entranceway WEPRIN's

of Respondent DAVID I.

residence, and by enclosing the same in a securely sealed and duly prepaid

wrapper, addressed to such Respondent at the address set forth in his designating petition,

and depositing the same with a depository of the United States Postal Service, on or before September

La , 2011 via Express Mail.; and
Office of the Corporation Counsel, on or 2011; or

Upon Respondent City of New York by personally delivering same to the main offices of the New York City Law Department before September~,

Alternatively, at the option of the Petitioner, service may be made by enclosing same in a securely sealed and postpaid wrapper addressed to any or all the Respondents via Express Mail and depositing same with an office or depository of the United States Postal Service, on or before September

1 t-

, 2011; or by facsimlle
l..3_,
J3.._,

transmission

to any of the

above named parties on or before September allowed by the CPLR on or before September deemed good and sufficient service thereof.

2011, or any other means of service 2011; and that such service shall be

DATED: September

/2-.,2011

REQUEST FOR JUDICIAL INTERVENTION
UCS-840 (3/2011)

For

Court

Clerk

Use

Only:

IA:::i Entry uate

Supreme
Index No:

COURT,

COUNTY

OF
Index Issued:

Kings
-!udge Assiqned

Date

CAPTION:

Enter the complete case caption. Do not use et al or et ano. If more space is required. attach a caption rider sheet.

KJI

uate

In

the

Matter

of

BOB TURNER

Plaintiff(s)IPetitioner(s) -againstDAVID I. WEPRIN, and ~UAN CARLOS

"j,c." POLANCO,

GREGORY

C. SOUMAS,

JOSE MIGUEL

ARAUJO,

NAOMI

BARRERA, JULIE DENT, MARIA R. GUASTELLA, Constituting

NANCY MOTTOLA-SCHACHER,

J.P. SIPP, JUDITH

D. STUPP, and FREDERIC M_ UMANE, the Commissioners

the

NEW YORK CITY BOARD OF ELECTIONS, and ~HE CITY OF NEW YORK Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated.

MATRIMONIAL

o o

Contested Uncontested NOTE: For all Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum,

TORTS

o o o o o o

o o o o o o o

COMMERCIAL Business Entity (including corporations. partnerships, LLCs, etc.) Contract Insurance (where insurer is a party, except arbitration) UCC (including sales, negotiable instruments) Other Commercial: (specify) NOTE: For Commercial Division assiqnrnent requests [22 NYCRR § 202.70(d)L complete and attach the COMMERCIAL DIV RJI Addendum.

Asbestos Breast Implant Environmental: (specify) Medical, Dental, or Podiatric Malpractice Motor Vehicle Products Liability: (specify) Negligence: (specify) (specify) (specify) MATTERS of Incorporation/Dissolution [see NOTE under Commercial]

REAL

PROPERTY:

How manypropertiesdoesthe applicationinclude?

Condemnation Foreclosure
Street

Property Address: Address City State Zip NOTE: For Foreclosure actions involving a one- to four-family, owneroccupied, residential property, or an owner-occupied condominium,

O Other

o
o o o o o

Other Professional Malpractice: Tort:

O Other
OTHER

o o ® o o o

o Tax Certiorari - Section:
Other Real Property: PROCEEDINGS

complete and attach the FORECLOSURE

RJI Addendum. Lot:

Block: (specify)

o Certificate

10 CPLR Article

SPECIAL

75 (Arbitration)

[see NOTE under Commercial]

Emergency Medical Treatment Habeas Corpus Local Court Appeal Mechanic's Lien Name Change Pistol Permit Revocation Hearing Property (specify)

CPLR Article 78 (Body or Officer) Election Law MHL Article 9.60 (Kendra's Law) MHL Article 10 (Sex OffenderConfinement-Initial) MHL Article 10 (Sex OffenderConfinement-Review)

o Sale or Finance of Rellgious/Not-for-Profit
QOther:

o

o MHL Article 81 (Guardianship) o Other Mental Hygiene: o Other Special Proceeding:
l YES

(specify) (specify)

STATUS

OF

ACTION OR

PROCEEDING:

Answer YES or NO for EVERY question AND enter additional information where indicated.

Has a summons and complaint or summons w/notice been filed? Is this action/proceeding being filed post-judgment?

oo oo

NO

I

If yes, date filed: If yes, judgment date:

_ _

NATURE

OF JUDICIAL

INTERVENTION:

Check ONE box only AND enter additional information where indicated.

o o o o o o o o o o

Infant's Compromise Note of Issue and/or Certificate of Readiness Malpractice Relief Sought: Relief Sought: Relief Sought: E_le_c_tio_n_L_a_w Relief Sought: Date Issue Joined: _ _ _ _ _ Return Date: Return Date: Return Date: _ _ _

o Notice of Medical, Dental, or Podiatric
Notice of Motion Notice of Petition Order to Show Cause Other Ex Parte Application Poor Person Application Request for Preliminary Conference

Residential Mortgage Foreclosure Settlement Conference Writ of Habeas Corpus Other (specify)' GASES: List any related actions. For Matrimonial actions, include any related criminal and/or Family Court cases. If none, leave blank. If additional space is required, complete and attach the RJI Addendum. Index/Case No. Court Judge

RELATED Case Title

(if

assigned)

Relationship

to Instant

Case

PARTIES: Parties: UnRep

If additional space is required, complete and attach the RJI Addendum. For parties without an attorney, check "Un- Rep" box AND ent.er party address, phone number and e-mail address in "Attorneys" space. Attorneys: Provide name, firm name, business address, phone number and e-mail address of all attorneys that have appeared in the case. Grant M. Lally, Esq.
Last Name

List parties in caption order and indicate party role(s) (e.g. defendant; 3rd-party plaintiff). ~urner

Issue Joined (Y/N):

Insurance

Carrier(s):

LastName

and

William G. Morris, Esq.
First Name

D

Bob

FirstName Primary Role: Secondary Rolelif any):

Lally & Misir, LLP
!

~VES

Firm Name

Petitioner
I

220 OldCountryRoad Street Aedress +11,16)741·2666

Mineola
+ 1 (516) 742·8533
Fax

City

NewYork State
e-mail

11501

Zip

Phone

glally@I.llymisir.com

bNO
QVES

!#eprin David

LastName FirstName
Primary Role:

Last Name

FirstName
Firm Name

N/A
86·82 Palermo Street Hollis

~

Respondent Secondary Role(if any):

StreetAddress

City

NewYork State
e-mall

11697

Zip
I

ONO
PVES
i

Phone New York City Board of Elections
Last Name

Fax LastName

FirstName
Firm Name

[?I]

New York City Board of Elections - Executive Office
First Name Primary Role:

Respondent Secondary Role(if any):

32 Broadway

Str•• t Address

NewYork City
+ 1 (212) 487-5349

NewYork State
e-mail

10004-1609

Zip

bNO
,

+ 1 (212) 487·5300

Phone

Fax

he City of New York
Last Name

LastName New York City Law Department - Offic.eof Corporation Counsel
Firm Name

FirstName

OVES

I!8J
I

First Name

Primary Role: Respondent Secondary Role(if any):

100 ChurchStreet +1 (212) 788·0303
Phone

Str•• t Address

NewYork
+1 (212) 788-0367

Cily

NewYork State
a-mail

10007

Zip

ONO
ABOVE, THERE ARE AND BEEN PREVIOUSLY

Fax

I AFFIRM FILED

UNDER

THE PENALTY

OF PERJURY

THAT,

TO

MV

KNOWLEDGE,

OTHER

THAN

AS NOTED

HAVE BEEN

NO RELATED

ACTIONS

OR PROCEEDINGS,

NOR HASA

REQUEST

FOR JUDICIAL

INTERVENTION

IN THIS ACTION

OR PROCEEDING.

Dated:

September

12, 2011

7
2109668
ATTORNEY REGISTRATION NUMBER

SIGNATURE

Grant M. Lally
PRINT OR TYPE NAME Print Form

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

Index No:

In the Matter of BO.BTURNER
Petitinner, -against-

DAVID I.WEPRIN, and JUAN CARLOS "J.C." POLANCO, GREGORY C. SOUMAS, JOSE MIGUEL ARAUJO, NAOMI BARRERA, JULIE DENT, MARIA R. GUASTELLA, NANCY MOTTOLA-SCHACHER, J.P. SIPP, JUDITH D. STUPP, and FREDERIC M. UMANE, the Commissioners Constituting the NEW YORK CITY BOARD OF ELECTIONS, and THE CITY OF NEW YORK Respondents.

M -0

REQUEST FOR JUDICIAL INTERVENTION
LALLY & MISIR, LLP
Attorneys for Petitioners 220 Old Country Road Mineola, New York 11501 (516) 741-2666 FAX (516) 742-8533
PLEASE D TAKE NOTICE,

D

NOTICE OF that the within is a true copy of an ORDER entered in the office of the Clerk of the above-named court ENTRY NOTICE OF that an Order of which the within is a true copy will be presented/or settlement 10 the SETTLEMENT Hon. , one of the judges of, the wit hi 11 Court U 200,U M. Yours, etc. LALLY & M1SIR, LLP Attorneys for the Petitioner 220 Old Country Road Mineola, New York 11501

CERTIFICATION Pursuant to 22 NYCRR § 130-1.1-a

ATTORNEY

I, GRANT M. LALLY, an attorney admitted to practice before the courts of the State of New York, do hereby certify, that to the best of my knowledge, information and belief, formed after an inquiry reasonable under the

circumstances, the presentation of the papers or contentions herein are not frivolous, Date: September12,2011 ~

GRANTiVLALLY

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