You are on page 1of 76

TRANSMISSION VERIFICATION REPORT

TIME : 11/24/2009 18:21


NAME : CARL E PERSON ESQ
FAX : 2123070247
TEL : 2123074444
SER. # : BROC9J919841

DATE, TIME 11/24 18:17


FAX NO./NAME 12124230450
DURATION 00: 04: 08
PAGE (S) 07
RESULT OK
MODE STANDARD
NOU-24-2009 05:38P FR0M:HON GERRLD HELD 7186437845
NOU-24-2009 05:38P FR0M:HON GERRLD HELD 7186437845

' .

At LGS Part of the Supreme


Court of the State o f New York
Held in ar~dfor the County of
Kings;at the coarthor~seat
360 *dams Stnet on the ~3 d!
Dny of November 2009
d

PRESENT; Hon. D. S C ~ I W O ~
Justice of the Supreme Court
---------------------- X * " 7
Christopher Earl Strunk, lndex No.: 29642 / 08
Petitioner,

' David A. Paterson @A'S


-against-

Governor), Andrew Cuomo


(NYS Attorney General), Thomas P.DlNnpoli /
ORDER TO SHOW CAUSE
WA"l?£ITRO, PROTECT.TVE
ORDER, FERMANENT
TNJDNCTTON, AND
(NYSComptroller), Sheldon Silver (NYS Speaker of OTHER EQ'UETY RELIEF
the Assembly), Malcom Smith (NYS Senator),
Hakeem Jeffries (NYS Assemblymm far the 5p AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco ( N Y S Assemblyman), D a n Skelos
, I
(President pro ternpore of the N Y S Senate) in their
Offjcial Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their oficid
p
Capacity and individually; The Ncw York State Board
of Elections and John Does and Jane Docs
\
Respondents.

Upon reading and filing the ~DCidavit


f hris1opha.Ear1 Stru~lkaffirmed to on the 23rd

day of November 2009, and upon the exhibits with verified complaint annexed as y h i b i t A, and

memorandum of law annexed, wishing equity relief wit11 temporary restrainiug order, protective

order of plaintiff in association with various named persons alleges State actions of harassment

threats and infi-i.ngementof first, fourth, fifth, ninth and tenth amendment rights &der

jurisdiction of the entirety of the State of New York Constitution especially application of Article

TJ protection le I Bill of Rights and Article LLT Section 4 as to the 2010

J
NOU-24-2009 05:38P FR0M:HON GERRLD HELD 7186437845

Census enumeration and Governor David A. Patersoc's Executive Order No.: 30 as applies to

New York State Election Law Article 616-100 and underlying allegation that Election Law

.Article 6 is nlisayplied and mis-administered by agents of the NY S Board of Elections and sub-

divisions from before the November 4, 2008 General Election as part of predicate acts to

facilitate a nationwide RlCO Enterprise fraud, unjust enrichment and theft of personal suffrage

roperty seek emergency equity relief pending an expedited discovery for a hearing for

L1
/
/' permanent injunction. Therefore pending a hearing on this instant action and it is alleged with

imminent irreparable harm with time as the essence, that warrants a TRO equity relief for

isstlance of a protective order.


Plaintiff and his a.ssociates and material witnesses req~~ests

e\ IT IS ORDERED of agents of the City of New York, State of New York and or
other Federal agencies or those under its control to enforce a protective order as to material

witnesses with mch respective family of : Pastor James David Manning of Atluh New York.

II Robert K.Dornan of Virginia, Eric-Jon Phelps of Pennsylvania, Jonathan Levy of Washington

D.C.,Orly Taitz of California, John D. Hemenway of Washington D.C. ,Mario Apuzzo of New
1 I Jersey. Robert L. Schulz of New Yo*, H. William Van Allen of New York, John-Joseph

FoGone of New York, Edward M. Person Jr. of Florida, Julian Panachyd and Carl E, Person of

New York, Jim Faulkner of Yonkers New York; and Plaintiff and his family, to bar any hrther

IT JS ORDERED that this protective order restrains the City of New York Department

of Police m D ) ,United States Federal agent John Does from the Central Intelligence Agency,

Secret Service, Federal Bureau of Investigation, National Security Agency deployed by or with

i the Department of Homeland Security separately or under-cover of the NYPD or any Federal
NOU-24-2009 05:39P FR0N:HON GERRLD HELD 7186437845

i Agency within the jurisdiction of this Court shall first seek approval of this Court before any

I conlact i.s made with Plaintiff, Plaintiffs family, any above listed Material Witness and or

Material Witness's respective family. that the City of New York, NYPD,State ofNew York,

their agents and or any Federal Agency shall not intentionally get nearer than 200 yards from the

protected persons;

and

IT IS ORDERED that this protective order shall be enforced until further order of this

I Court;

and

FURTHER IT IS ORDERED that pending an expedited hearing on a permanent

/ injunction Plaintiff shall present to the Coun eleven (1 I) proposed subpoenas:

7 one (1) subpoena for Pastor Manning;

\ one subpoena each of the four (4) as yet named John Does: two (2) NYPD

I Detectives and two (2) Federal agents;

r federal agency starion chiefs based in New


one subpoena each of the f ~ i r (4)

i York city of the Central Intelligence, Secret Service, Federal Bureau of


8
Investigation, National Security agencies and whose alleged agents that were

deployed undercover of and use with the NYPD,


k
one (1) subpoena to the h!YPD chief of police supervising the two detectives
._.*
alleged herein;

one (1) subpoena of the Department of Horneland Security station chief of

New York City supervising the activities of the four alleged agencies
NOU-24-2009 05:39P FR0M:HON GERQLD HELD 7186437845

r de~loyirrgtwo federal agents under-cover of > W D to harass the material

II
witnesses;

FURTHER IT IS ORDERED that dl thcse to be subpoenaed appear to provide


and
evidence at the hearing for an injunction with restraint in the matter of alleged notorious

harassment and tailnpering with Plni~ltitYsn~nterialwitness Past-orManning in this case

with causes two thru Five of the Complaint shown on Exhibit A involving the alleged on-

going Enterprise corruption, with Barack Hussein Obama and Nancy Pelosi at its hub,

using State officials with fiduciary duty to do otherwise;


(
I and

FURTEIER IT 1S ORDERED that the station chieqs) of the Department of

Hollleland Security, Central Inrelligeilce Agency, Secret Service, National Security

Agency, and Fedepl Bureau of Investigation produce the two John Do+) Agents to

appear Tuesday December 1,2009 at. in the forenoon at a room

provided at the Court at 360 Adams Street Bmoklyn for inmediate deposition in

II preparation for a hearing for fear of their flight risk overseas with restraint of any
- ,

possibility of their redeployrnenk ofthe respective agents by any agency;

I FURTaER IT IS ORDERED that each respective Federal agent =&ear at the

hearing on Friday December 4, 2009 at in the forenoon in Courtroom

at 360 Adains Street Brooklyn for a hearing for a permanent injunction with

protective order as to plaintiff and his material witnesses and respective families, and

I that those subpoena, named defendants including the NYS 'BOE provide expedited
NOU-24-2009 05:39P FR0M:HON GERRLD HELD 7186437845

discovery in the matter of the vsrious certificztes filed in reszrds to the respective perty

Presidential candidates on tlie ballot at the November 4,2008 General Election so that the

court may issue a declarato~yjudgn~enton the matter of \vhetI~zror not tlie New York
State Board ~f Elections Commissioaers and or sgents within its subdivisions have a

fiduciary duty under New York Election Law Article 6 with its express wealcrless not

requiring a affirmation by the filer to deteni~irlethe truth of each Presidential candidate

eligibility to be on the General Election Ballot;

and

mPRTRER IT 1S ORDERED that the Honorable Governor David A. Paterson

provide testimony in the matter of expedited discovery of the events leading up to

issuance of Governor Paterson's Executive Order No.: 30 calling for the transfer of the
&.
actual 2010 census enumeration with 13 USC 141 duty to enumerate all persodin the

state initiated by Barack Hussein Obama as if with 13 USC 195, and in which Plaintiff

Complaint involves the two thnr five allegations that the defendants and other yet named

are part of a wide ranging enterprise fraud upon Plaintiff and those similarfy situated,

with alleged civil rights violations for unjust enrichment;

and

FURTHER IT I$ ORDERED that at lhwing a TRO restraining niay issue as a


/
Permanent Injunction as to use of alleged R!CO tainted derivatives of ACORN'S myriad

cornbillntion of cotnrnunifjrbascd orgunizations cr~nunallyi~~volved


in Motor-voter registration,

Mcdiwid false billing ponzi-schane fiauds and felomous misrepresentation of public

documentation and aborning witncsscs for pay be 8cctive until further noticc by this court;
2gd
NOU-24-2009 05:40P FR0M:HON GERRLD HELD 7186437845
u ..

r FURTHEPPIM@RE1T IS ORDERED that here may bc different and fimher relief

grantcd as deemed necessary by the C'o~irt~ncludingbut not Iirn~tedto a permanent rnjunct~vc

1 order under state constitutio~ldauthority as lo he 2010 Census enumeration in New York MI

( 4 bc conducted by the United States Postal Sen.Vc'r u n i f m c d postal carriers under contract with

1 the State of New York and junsdictlon of t h ~ scourt

Let the respondents or their attorney show muse at the IAS Part \$7 ,Room

s h' , of this Court, to be held at the Courthouse, 360 Adams Street, Brooklyn, New York on
2
- thd -;lay of -..A - , 2009. tit 7'0 o'clock in the noon or as soon

as counsel may be heard why an order should not be made affecting the protective order,

restraint with permanent injunction and declatatory judgment on aspects of the Governor's

Executive order as to the State of New York jurisdiction over the 201.0 Census count here;
and

Sufficient cause appearing therefore let personal service of this order, and the papers

upon which this order is granted, upon the State respondents upon their counsel. City of New
York upon its Corporation Counsel, and the New York State Board of Elections' Counsel on or

tp. -
J preafatserv1r.p
before -
c
,dy of November 2009 be deemed good and mfftcicnt.

- o n d
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS Index No.: 29642 / 08
---------------------------------------------------------------------------x
Christopher Earl Strunk,
Plaintiff,
-against-
AFFIDAVIT IN SUPPORT OF
David A. Paterson (NYS Governor), Andrew Cuomo
(NYS Attorney General), Thomas P. DiNapoli AN ORDER TO SHOW CAUSE
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator), WITH TRO, PROTECTIVE
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Christine Quinn (NYC Speaker of the Council), ORDER, PERMANENT
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos INJUNCTION AND
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat OTHER EQUITY RELIEF
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does
Defendants.
-------------------------------------------------------------------------x

STATE OF NEW YORK )


) ss.
COUNTY OF KINGS )

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty of

perjury:

1. That I am the self represented Plaintiff, Christopher Earl Strunk in esse (Affirmant,

Strunk) with place for service at 593 Vanderbilt Avenue – 281 Brooklyn New York 11238

telephone (845) 901 -6767 and email: chris@strunk.ws.

2. That I am of sound mind, make this statement without reservation or intent of deception

or connivance in the matter of my own, my family and associates’ well being safety and rights.

3. This Affidavit is in support of an Order to Show Cause (OSC) with the underlying

Complaint filed on or about October 27, 2008 (See Exhibit A) for issuance of a temporary

restraining order (TRO), and hearing for a permanent injunction as to the City of New York

Police Department (NYPD) who deployed two (two) certain police detectives and two (2) un-

identified United States Federal agent John Does (Federal Agents), possibly from the Central

Plaintiff’s Affidavit Page 1 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Intelligence, Secret Service, Federal Bureau of Investigation or even National Security Agency,

that on Monday November 16, 2009 in the afternoon were deployed by the Department of

Homeland Security under-cover of the NYPD to harass, intimidate and infringe the first, fourth,

fifth, ninth and tenth amendment rights of Plaintiff’s associate and material witness James David

Manning, PhD. (Pastor Manning), oppress and chill the activities of Plaintiff and his associates

involved with investigating the events leading to and after the 2008 general election of Barack

Hussein Obama and Joseph Biden, including matters involving the ACORN racketeering

enterprise and the 2010 Census enumeration that since November 12, 2009 by issuance of a

Press Release (See Exhibit B) Governor Paterson’s Executive Order No.: 30 (See Exhibit C)

orders that “Census Partners, community-based organizations and other local and regional

entities to develop” are to conduct the 2010 Census enumeration in New York for the Federal

Government and that Affirmant alleges are to be in fact the RICO tainted derivatives of

ACORN’s myriad combination of community based organizations criminally involved in Motor-

voter registration, Medicaid false billing ponzi-scheme frauds and felonious misrepresentation of public

documentation and suborning witnesses for pay to be hired in the State of New York with

reimbursement of the Federal Government, and it is alleged with imminent irreparable harm with

time as the essence, that warrants a TRO equity relief for Plaintiff and his associates and

material witnesses hereby requests issuance of

(i.) a protective order as to material witnesses and Plaintiff and his family to bar any

further contact by agents of the City, State and or other Federal agencies or those under

its control without permission of this court including searches and warrants of any kind as

to:

Christopher-Earl Strunk and his family, Plaintiffs associates and material

witnesses with each respective family of : Pastor James David Manning of Atluh New

Plaintiff’s Affidavit Page 2 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

York, Robert K. Dornan of Virginia, Eric-Jon Phelps of Pennsylvania, Jonathan Levy of

Washington D.C., Orly Taitz of California, John D. Hemenway of Washington D.C. ,

Mario Apuzzo of New Jersey, Robert L. Schulz of New York, H. William Van Allen of

New York, John-Joseph Forjone of New York, Edward M. Person Jr. of Florida, Julian

Panachyd and Carl E, Person of New York, Jim Faulkner of Yonkers New York;

(ii.) That the protective order restrains NYPD, and or any Federal Agency within the

jurisdiction of this Court order to first seek approval of this Court before any contact is

made with Plaintiff’s family, associate’(s) and material witness’s respective family, that

NYPD and or any Federal Agency shall not intentionally get nearer than 200 yards from

such protected persons;

(iii.) That the protective order shall be enforced until further order of this Court;

(iv.) An order issuing eleven (11) subpoenas:

• one (1) subpoena for Pastor Manning;

• one subpoena each of the four (4) as yet named John Does: two (2) NYPD

Detectives and two (2) Federal agents;

• one subpoena each of the four (4) federal agency station chiefs based in New

York city of the Central Intelligence, Secret Service, Federal Bureau of

Investigation, National Security agencies and whose alleged agents that were

deployed undercover of and use with the NYPD;

• one (1) subpoena to the NYPD chief of police supervising the two detectives

alleged herein;

• one (1) subpoena of the Department of Homeland Security station chief of

New York City supervising the activities of the four alleged agencies

Plaintiff’s Affidavit Page 3 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

deploying two federal agents under-cover of NYPD to harass the material

witnesses;

(v.) order that all those subpoenaed appear to provide evidence at the hearing for an

injunction with restraint in the matter of notorious harassment and tampering with

Plaintiff’s material witness Pastor Manning in this case with causes two thru Five of the

Complaint shown on Exhibit A involving the alleged on-going Enterprise corruption,

with Barack Hussein Obama and Nancy Pelosi at its hub, using State officials with

fiduciary duty to do otherwise;

(vi.) order that in preparation for the preliminary hearing an order of the station chief(s)

of the Department of Homeland Security, Central Intelligence Agency, Secret Service,

National Security Agency, and Federal Bureau of Investigation to produce the two John

Doe(s) Agents to appear Tuesday December 1, 2009 at ____________ in the forenoon at

a room ______ provided at the Court at 360 Adams Street Brooklyn for immediate

deposition in preparation for a hearing for fear of their flight risk overseas with restraint

of any possibility of their redeployment of the respective agents by any agency; and

(vii.) order that each respective Federal agent appear at the hearing on Friday December

4, 2009 at ____________ in the forenoon in Courtroom ________ at 360 Adams Street

Brooklyn for a hearing for a permanent injunction with protective order as to plaintiff and

his material witnesses and respective families, and that those subpoena, named

defendants including the NYS BOE provide expedited discovery in the matter of the

various certificates filed in regards to the respective party Presidential candidates on the

ballot at the November 4, 2008 general election so that the court may issue a declaratory

judgment on the matter of whether or not the New York State Board of Elections

Plaintiff’s Affidavit Page 4 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Commissioners and or agents within its subdivisions have a fiduciary duty under New

York Election Law Article 6 with its express weakness not requiring a affirmation by the

filer to determine the truth of each Presidential candidate eligibility to be on the General

Election Ballot; and

(viii) that Governor Paterson provide testimony in the matter of expedited discovery of

the events leading up to issuance of the Governor Paterson’s Executive Order No.: 30

calling for the transfer of the actual 2010 census enumeration with 13 USC 141 duty to

enumerate all person in the state initiated by Barack Hussein Obama as if with 13 USC

195, and in which Plaintiff Complaint involves the two thru five allegations that the

defendants and other yet named are part of a wide ranging enterprise fraud upon Plaintiff

and those similarly situated, with civil rights violations for unjust enrichment.

(ix.) that a TRO restraining the use of the RICO tainted derivatives of ACORN’s myriad

combination of community based organizations criminally involved in Motor-voter registration,

Medicaid false billing ponzi-scheme frauds and felonious misrepresentation of public

documentation and suborning witnesses for pay be effective until further notice by this court;

(x) that there be different and further relief granted as deemed necessary by the Court including

but not limited to a permanent order under state constitutional authority as to the 2010 Census

enumeration in New York shall be conducted by the United States Postal Service’s uniformed

postal carriers under contract with the State of New York and jurisdiction of this court.

4. That as of January 20, 2009, the Complaint first Cause of Action involving the names

listed by the Defendant NYS BOE and its respective subdivisions at the General Election of

November 4, 2008 is moot except for factual record herein that shall apply.

5. That on November 19, 2008 this Court denied, by collateral estopped, Plaintiff’s request

for a subpoena for discovery of facts from the U.S. Department of State germane to the Causes

Plaintiff’s Affidavit Page 5 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Two thru Five herein (see Exhibit D).

6. That on or about November xx, 2008, Affirmant filed a FOIA case against the U.S.

Department of State et al. in Washington District of Columbia 08-cv-2234 wishing to obtain

facts germane to Causes of Action Two thru Five and while there obtained other prima facia

facts germane to the first thru fifth Cause of action herein, including notification of the issuance

of two affidavits sworn by Speaker of the House Nancy Pelosi in her individual capacity as a

member of the Democratic party at the National Democratic Party Presidential Nominating

Convention.

7. That on 28 August 2008 Nancy Pelosi affirmed that Barack Hussein Obama is “legally

qualified to serve under the provisions of the United States Constitution.” (See Exhibit E).

before two witnesses, the Secretary for the Democratic National Convention and the Public

Notary Shalila A. Williamson, however only filed her affidavit placing the Democratic Party

presidential Slate with the Secretary of Hawaii to misrepresent done to aid and abet the predicate

goals of the enterprise and assist Hawaiian State officials with a fiduciary duty over elections

intentionally misdirect the rest of the country as to Barack Hussein Obama’s actual birth and

presently before District Judge Richard J. Leon in Affirmant’s 2010 Census Enumeration case no

09-cv-1295 filed in Washington D.C. on July 13, 2009.

8. However, on August 28, 2009 Nancy Pelosi also affirmed another affidavit for Barack

Hussein Obama without the clause “legally qualified to serve under the provisions of the United

States Constitution.” (See Exhibit F) and by eliminating such clause of the affidavit before two

witnesses, the Secretary for the Democratic National Convention and the Public Notary Shalila

A. Williamson, acted to place the Democratic Party presidential on the ballots differently than in

Hawaii in the other 49 States including New York and the territories of the USA.

Plaintiff’s Affidavit Page 6 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

9. That the prima facie evidence of fraudulent misdirection to put Barack Hussein Obama

by fiat onto all the State ballots in 2008 at the Federal Elections, involves Defendants Andrew

Cuomo the New York Attorney General and Lorraine A. Cortez-Vazquez the New York

Secretary of State, NYS Board of Elections, et al also involves Governor Paterson’s Jesuit Chief

of Staff who orchestrated the deception from the governor’s office without properly informing

the Governor who is legally blind and otherwise is unable ascertain such facts for himself relied

on the Jesuit, and as such all are in the conspiracy as defined by 42 USC 1985(3) to disrupt

suffrage and among other laws that breach Defendants fiduciary duty and injure Plaintiff who

contends the State “Little” RICO applies as presently before the Justice David I Schmidt herein.

10. Furthermore, based upon information and belief the New York State Board of Elections

knew or should have known that the affidavit submitted shown as Exhibit F was questionable

because the associated affidavit submitted by the Republican Party Presidential Candidate Slate

included the clause “legally qualified to serve under the provisions of the United States

Constitution.” whereas the Democratic Party President Slate affidavit didn’t, and as such goes to

culpability with 42 USC 1986 and breach of fiduciary duty to compare each affidavit.

11. That on November 21, 2009 Affirmant requested to obtain all the respective certificates

required to be filed in September 2008 with Election Law Article 6 for the Presidential

Candidate slates of the various parties then appearing on the ballot on November 4, 2008

(Presidential Ballot Certificate) and as being germane to this controversy herein (See Exhibit G).

12. That the NYS Election Law does not express that any of the respective Presidential Ballot

Certificates must be a sworn statement or as it requires every other certificate to be sworn as to

all matter true and correct in other Articles thereby arguendo sets a greater responsibility upon

the NYS Board of Election Commissioners and or their agents or the Sub-divisions thereof as a

Plaintiff’s Affidavit Page 7 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

fiduciary duty to ascertain the veracity accordingly since it has not been done by a notary public

or commissioner of deeds under oath, thereby shifting the burden to the Defendant Board and or

sub-divisions accordingly, and that Plaintiff alleges when upon examination of all the

Presidential Ballot Certificates will show an arbitrary pattern requiring a Judicial Declaratory

judgment as a matter of first impression and germane as to the operation of the enterprise alleged

fraud ongoing now into the 2010 Census transferred by Barack Hussein Obama and Nancy

Pelosi as the ministerial operatives under 12 USC 195 and 13 USC 141, and that Defendants

Obama and Pelosi have delegated such enumeration to the State of New York and several States

and territories accordingly to circumvent Affirmant’s demand for relief in the 2010 Census case

controversy DCD 09-cv-1295 filed July 13, 2009 in Washington District of Columbia with a

motion for a three judge Panel with 28 USC 2284 pending before District Judge Richard J. Leon;

13. That Affirmant has four (4) on-going cases in Washington D.C. DCD 08-cv-2234 (FOIA

Case with Cross Motion for Quo Warranto Inquest), DCD 09-cv-1249 (Logan Act Case), DCD

09-cv-1295 (2010 Census Enumeration Case), DC Circuit 5322-09-OP (Original Proceeding

against District Judge Leon and District Clerk Whittington) and Judicial Notice of Replevin

Demand under DC Code Chapter 37 Section 16-3701, in which Plaintiffs associates there and

herein are material witnesses to matters there and before this Court herein including directly the

Hon, Pastor James David Manning, PhD of Atluh New York, the Hon. Robert K. Dornan of

Virginia, the Hon. expert witness Eric-Jon Phelps of Pennsylvania, the Hon. Jonathan Levy,

PhD., J.D. of Washington D.C., the Hon. Orly Taitz, D.D.S., J.D. of California, the Hon. John D.

Hemenway, J.D. of Washington D.C. , the Hon. Mario Apuzzo, J.D. of New Jersey, the Hon.

Leo Donofrio, J.D. of New Jersey, the Hon. Robert L. Schulz of New York, the Hon. Harold W.

Van Allen, DAV of New York, the Hon. John-Joseph Forjone of New York, process server

Plaintiff’s Affidavit Page 8 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Edward M. Person Jr. of Florida, process server Julian Panachyd of Long Island City, the Hon.

Carl E, Person J.D. of New York, the Hon. Jim Faulkner 3rd Ward Leader of Yonkers New York

and others yet to be publicly named;

14. That since before the General Election of 2008 the Hon. James David Manning, PhD, the

Pastor Manning, has broadcast his concern with the moral turpitude of Barack Hussein Obama

and cohorts involving the eligibility to serve as President of the United States pursuant to U.S.

Constitution Article 2 Section 1 Clause 5, just as Plaintiff Affirmant herein expresses and

requests relief for herein and that since that time Pastor Manning is the associate of Affirmant

and is a member of a class of citizens unfairly singled out and being discriminated against in the

form of infringement of each individual’s first, fourth, fifth, ninth and tenth amendment rights.

15. That since not later than the beginning of November 2009 by correspondence and phone

conversations Affirmant has been collaborating with Pastor Manning in the matter we both are

concerned with and is germane herein for a protective order for Pastor Manning and all of the

named associates of Plaintiff as well as plaintiffs himself and his family as with theirs are as risk

for harassment and infringement of the first, fourth, fifth, ninth and tenth amendment rights.

16. That on November 12, 2009 Pastor Manning in his regular broadcast spoke about the

present Usurper Commander and Chief who with control of the military in time of war is

committing treason that warrants a speedy trial and sentence as to such treason carried out and

that Affirmant herein agrees that the Usurper is an illegal alien spy during time of war as a spy

with other allegiance for others yet named he is not a traitor per se because he has yet to be found

a naturalized citizen much less a natural-born citizen in which he absolutely is not as a Quo

Warranto matter with DC Code Chapter 35 Section 16-3503 presently before District Judge Leon

on motion for a declaratory Judgment and order of Joseph Biden to be removed accordingly.

Plaintiff’s Affidavit Page 9 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

17. On November 16, 2009 accordingly to the statement made by Mrs. Elizabeth Manning to

Affiant and stated by the Pastor Manning regular broadcast on November 17, 2009, explains the

visit Pastor Manning received from Homeland Security Secret Service Officials, and as recorded

on 16 November 2009 on twitter http://www.twitter.com/atlahworldwide and with Facebook

http://www.facebook.com/pages/ATLAHWorldwide/150345810898., and that the United

States Secret Service/Homeland Security according to the allegations of Pastor Manning caused

two Federal agents variously described as to a different Federal Agency possibly from the

Central Intelligence, Secret Service, Federal Bureau of Investigation or even National Security

Agency under the cover of the NYPD with two Detectives, who came without a warrant of

process of any kind to the ATLAH Church on Monday, 16 November 2009 to investigate Dr.

James David Manning on the statements in the video called “Tea Party Please Go Birth

Certificate Viral” Link: http://atlah.org/atlahworldwide/?p=1193 and there harassed and

threatened Pastor Manning to cease any further discussion of Barack Hussein Obama or be

arrested accordingly, and thereby the Federal and NYPD agents acted in concert to infringe the

first, fourth, fifth, ninth and tenth amendment rights of Plaintiff’s associate and material witness

Pastor Manning, thereby also oppress and chill the activities of Plaintiff and his associates

involved with investigating the events leading to and after the 2008 General Election of Barack

Hussein Obama and Joseph Biden, including matters involving the ACORN racketeering

enterprise and the 2010 Census enumeration.

18. That on November 17, 2009 Affirmant served Judicial Notice (See Exhibit H) upon

defendant the Governor David A. Paterson and Attorney General Andrew Cuomo challenging

not only the constitutionality of the Executive order No.: 30 but the grant as such order entails in

that the State of New York Constitution now applies expressly and that this Court has direct and

Plaintiff’s Affidavit Page 10 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

certain original jurisdiction under its express articles accordingly.

19. That Affirmant has expended any related administrative remedies and has not other

jurisdiction to obtain relief especially since the Census matter in New York is within State Court

jurisdiction and that I have not asked for this relief before and am under threat of irreparable

harm with time as the essence am entitled to immediate temporary protective order before

hearing for all those listed and that am entitled to a fair hearing subject to the relief requested,

and that I contend is well within the parameters of issuance precedents for a TRO until a fair

expedited discovery process and preliminary hearing for an injunction is had as to where such

relief would be permanent or lifted by this Court under its original jurisdiction and that

Affirmant based upon the evidence at the hearing be afforded adequate time to summarize for a

declaratory partial summary judgment as to the matter of State Defendants fiduciary

responsibility as to the Presidential Ballot Certificates with Election Law Article 6.

20. Affirmant has spoken with Bruce McHale of the NYS Attorney General’s Office giving

fair notice of this instant action and he wishes to be duly notified of the Court decision in the

matter of the TRO, and as to the NYPD being represented by NYC Corporation Counsel and

because said Counsel Stephen Kitzinger is also the Assistant Corporation lead Counsel to

Defendants NYC and Mayor Bloomberg in the DCD 09-cv-1295 2010 Census Enumeration

matter before District Judge Leon, Affiant also spoke with Mr. Kitzinger as to the TRO

protective order and restraint, and he said he himself would not be present Monday but will have

another counsel there; and that a heads-up notice has been given to the NYS Board as well as

other defendants’ counsels in the DCD 09-cv-1295 case there in Washington DC by email.

21. That Affirmant has had previous discussions about sealing this case from the public

because of my fear of reprisals and that NY Assistant Attorney General and Defendants Counsel

Plaintiff’s Affidavit Page 11 of 12


Strunk v Pathon et al. NYS Supreme Court of Kings Index K.29642-08

&A=

, pfoe!
.-' Gtaber stated that sealing would be difficultunless it were strictly a family /domestic
+
:-;+.
;
.
%
.
;:, :>. .,-j..'.;-=
.?+.
. -,
;":

,> relati&<?'* of sealing, not something like this case; and therefore as I agree with Mr. Graber,

a suitable protective order and related relief associated with it is appropriate and reasonable

under the circumstance and that the public has a right to know what we are doing.

22. That Mirmant knows foregoing contents apply to me and my injury that by Respondents

misapplication and misadministration of law presents a question of first impression as a State

question involving the seating of the New York Electoral College after the questionable ballot

access afforded by arbitrary and capricious action of the NYS Board of elections et al. for the
\

various Party Presidential Candidate Slates at the General Election of November 4, 2008; the

same is true to my own knowledge, except as to the matters therein stated to be alleged on

information and belief, and as to those matters I believe it to be true. The grounds of my beliefs

as to aH matters not stated upon information and belief are as follows: 3* parties, books and

records, and personal knowledge.


& g L
Christopher Earl Strunk

-
Notary ~ u a i c

OEORQE ANDERSON
Notary Public, State of New Vbrlc
No. 01AN5070990
Qualified in Kings County
Commission Expires Jan. 6, PO 1)

Plaintiffs Affidavit Page 12 of 12


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT A
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------x
Christopher Earl Strunk, Index No.: 29642 / 08
RJI:
Plaintiff,
Plaintiff designates
-against- The County of Kings as the
Place of trial.
David A. Paterson (NYS Governor), Andrew Cuomo
(NYS Attorney General), Thomas P. DiNapoli The basis of venue is the
(NYS Comptroller), Sheldon Silver (NYS Speaker of plaintiff’s place for suffrage
the Assembly), Malcom Smith (NYS Senator),
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official Plaintiff’s place for suffrage:
Capacity and individually; The New York State Board 593 Vanderbilt Avenue - 281
of Elections and John Does and Jane Does Brooklyn, New York 11238

Defendants.
-------------------------------------------------------------------x

To the above-named Defendants:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff Attorney within 20 days after the service of this summons, exclusive
of the day 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); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the
complaint.

Dated: New York, New York


October 27, 2008 /s/

____________________________________
Christopher Earl Strunk, plaintiff pro se
593 Vanderbilt Avenue #281,
Brooklyn, New York 11238.
(212) 307-4444 E-mail: uncasvotes2@yahoo.com

To: Defendants as follows:

1
[continued on p. 2]

David A. Paterson (NYS Governor),


Andrew Cuomo (NYS Attorney General),
Sheldon Silver (NYS Speaker of the Assembly),
Malcom Smith (NYS Senator),
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Jim Tedisco (NYS Assemblyman),
Dean Skelos (President pro tempore of the NYS Senate)
The Capitol
Albany New York

Thomas P. DiNapoli (NYS Comptroller),


Office of the NYS Controller
110 State Street
Albany, NY 12236

The New York State Board of Elections


40 Steuben Street
Albany New York

Christine Quinn (NYC Speaker of the Council),


New York City Council
New York New York

William Thompson (NYC Comptroller),


Office of the Comptroller
City of New York
1 Centre Street
New York, NY 10007
Phone: (212) 669-3500
Fax: (212) 669-2707
.

2
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------x
Christopher Earl Strunk, Index No.: 29642 / 08

Plaintiff, VERIFIED COMPLAINT

-against-

David A. Paterson (NYS Governor), Andrew Cuomo


(NYS Attorney General), Thomas P. DiNapoli
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator),
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does

Defendants.

-----------------------------------------------------------------------x

Plaintiff, Christopher Earl Strunk, as and for his Complaint under jurisdiction of New

York State Election Law Article §16-100 over Article 12 for the November 4, 2008 General

Election for emergency equity relief, upon information and belief and at all times hereinafter

mentioned, respectfully alleges of captioned Defendants as follows:

FIRST CAUSE OF ACTION


(Breech of State Constitutional bar for any Public Officer to hold more than one public
office for compensation, as against all Public Officer Defendants)

1. Plaintiff Christopher Earl Strunk (“Plaintiff” or “voter”), is a natural born citizen of New

York who was and is a qualified voter registered to vote and participate in the November 4, 2008

general election in the State of New York, and whose principal place for service is located at 593

Complaint Page 1 of 15
Vanderbilt Avenue #281, Brooklyn, New York 11238.

2. That under the New York State Constitution the State of New York Legislature has a winner

take all system of Electoral College with 31 votes for selection of President and Vice President

based upon 29 House seats and two Senators at large.

3. The Defendant class of the New York State Democratic Party Committee Candidates for

Presidential Electoral College from the State of New York for Presidential Candidate Barack

Hussein Obama and Vice Presidential Candidate Joseph Biden (“Democrat Party Elector

Candidates”, “Democrat Party Elector Defendants”) as a class of elector candidates Defendants

certified with the New York State Board of Elections and related local entities under New York

state Election Law (EL) on or about September 24, 2008.

4. There are 31 Candidates listed for the Democratic Party Committee Presidential Elector Slate

to be on the ballot at the General Election November 4, 2008 on statewide a winner-take-all.

5. That on pages 2 thru 8 of 9 pages (see Exhibit A) Democratic Party Elector Candidates are

listed with domicile address under the names of: Velda Jeffrey, June F. O'Neill, Dennis Mehiel,

David A. Paterson, Andrew Cuomo, Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria

Luna, Robert Master, Pamela Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries,

Richard Fife, Deborah A. Slott, Terrence Yang, George Arthur, George Gresham, Alan Van

Capelle, Inez Dickens, Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn,

William Thompson, Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A.

Bolz, III.

6. Upon initial review without cross checking the public record, of the 31 Democratic Party

Elector Candidates listed to be on the ballot on November 4, 2008, shown as Exhibit A on page 2

of 9, no less that 8 names of the 31 are currently serving public officers listed by the names of:

Complaint Page 2 of 15
David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Sheldon Silver

(NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS

Assemblyman for the 57th AD) with their place of Business at the Capitol in Albany, Thomas P.

DiNapoli (NYS Comptroller) with his place of business located at the Office of State Controller,

Christine Quinn (NYC Speaker of the Council) with place for business located at the New York

City Council, William Thompson (NYC Comptroller) with place of business located at the

Office of City Controller ; (“Democrat Party Public Officer Defendants”).

7. That Defendant Paterson was the duly elected Lieutenant Governor and President of the NY

Senate until then Governor Spitzer was removed from office and that Lt. Governor Paterson is

now Governor by operation of the State Constitution Article IV.

8. The New York State Republican Party Committee Candidates for Presidential Electoral

College from the State of New York for Presidential Candidate John S. McCain and Vice

Presidential Candidate Sarah Palin (“Republican Party Elector Candidates”, “Republican Elector

Defendants”) as a class of elector candidates Defendants certified with the New York State

Board of Elections and related local entities under New York state Election Law (EL) on or

about September 24, 2008.

9. There are 31 Candidates shown on Exhibit A pages 2 and 3 of 9 for the Republican Party

Committee Presidential Elector Slate under the names: Jesus Garcia, Gary Melius, Roger C.

Bogsted, Lawrence Kadish, Angelo Corva, Katherine A. James, Fred Ramstel, Debra Leible,

Jane E. Deacy, Diane Haslett Rudiano, Myrtle G. Whitmore, Richard Alicea, Jim Tedisco, Jim

Kerr, Denice Johns, Ed Cox, Doug Colety, Vincent Reda, Louis Liotti, Jasper Nolan, Kathy

Jimino, Bijoy Datta, James Ellis, Michael Nouolio, William Gilberti, Jr., Dean Skelos, James

Domalgalski, Henry Wojtaszek, Thomas D. Cook, Joseph N. Mondello, Rudy Giuliani.

Complaint Page 3 of 15
10. That until there is an election to fill the vacancy for Lieutenant Governor Defendant Dean

Skelos by succession is in line for governor and acts in lieu of the present vacancy.

11. Upon initial review without cross checking the public record, of the 31 Candidates listed

for the Republican Party Committee Presidential Elector Slate to be on the ballot at the

November 4, 2008 General Election, shown on Exhibit A pages 2 and 3 of 9, no less that 2

names of the 31 are currently serving public officers listed by the names of: Jim Tedisco (NYS

Assemblyman), Dean Skelos (President pro tempore of the NYS Senate), (“Republican Party

Public Officer Defendants”).

12. That Democrat Party Public Officer Defendants and Republican Party Public Officer

Defendants are hereinafter also known as “Public Officer Defendants”.

13. That all public officers including those of the New York State Board of Elections as well

as the Public Officer Defendants took the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the constitution of the United States, and
the constitution of the State of New York, and that I will faithfully discharge the duties of the
office of ......, according to the best of my ability;"

14. Public Officers Defendants along with non-public officers are certified candidates for

members of the New York Electoral College for election as a winner-take-all slate on the ballot

on November 4, 2008 and for which early absentee balloting has already begun. that under EL

§12-100, any vote for the Presidential slate(s) shall be deemed to be cast for the candidates’

electors slate, previously certified as state public officers.

15. That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-102, after the November 4, 2008 general election

and the canvass of the votes cast under EL §9-214 by December 1, 2008, so that the winning

certified Elector slate for the state party candidates and or independent body for the Presidential

Complaint Page 4 of 15
slate(s) is then to be certified the New York electoral college by the New York Governor under

the seal in possession of the New York Secretary of State.

16. That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-104, the certified electoral college for the New York

Presidential slate shall meet on December 17, 2008 starting on the first Monday following the

second Wednesday in December next following their election.

17. That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-106, the certified Electoral College shall make and

sign six certificates of all the votes on forms provided by the NYS Board of Elections.

18. That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-108, the president of the assembled certified

electoral college shall distribute the six certificates of election before December 24, 2008: one to

the President of the U.S. Senate; two certificates to the New York State Board of Elections - one

of which held subject to the President of the senate, and one held for one year in the public

record; and then on or by the following day or December 25, 2008 forward two certificates to the

Administrator of the General Services Administration, and to deliver the remaining certificate to

the Chief Judge of the United State District Court of the northern district of the state New York.

19. That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-110, any certified Elector college slate are state

public officers when elected at large on November 4, 2008 when certified to proceed to attend

the electoral college meeting to be convened December 17, 2008, shall receive Electors

compensation for each day of his attendance in the sum of fifteen dollars per day together with

13 cents per mile each way from his place of residence to be audited by the comptroller upon the

Complaint Page 5 of 15
certificate of the secretary of state.

20. That Public Officer Defendants as public office holders shall accept consideration for his

or her duty as an elected members of the Electoral College in an amount no less than $1.

21. That Public Officer Defendants and their agents have misapplied and misadministered the

State of New York Constitution Article 3 Section 6 for the Legislature compensation, allowances

and traveling expenses of members, in part states:

“…nor shall he or she receive to his or her use any fees or perquisites of office or other
compensation.”

22. That Public Officer Defendants and their agents have misapplied and misadministered the

State of New York Constitution Article 3 Section 7 for the Legislature Qualifications of

members; prohibitions on certain civil appointments; acceptance to vacate seat, in part states:

“…No member of the legislature shall, during the time for which he or she was elected,
receive any civil appointment from the governor, the governor and the senate, the legislature
or from any city government, to an office which shall have been created, or the emoluments
whereof shall have been increased during such time. If a member of the legislature be elected
to congress, or appointed to any office, civil or military, under the government of the United
States, the state of New York, or under any city government except as a member of the
national guard or naval militia of the state, or of the reserve forces of the United States, his or
her acceptance thereof shall vacate his or her seat in the legislature, providing, however, that
a member of the legislature may be appointed commissioner of deeds or to any office in
which he or she shall receive no compensation.”

23. That Public Officer Defendants have misapplied and misadministered the State of New York

Constitution Article 13 Section 7 for Public Officers Compensation of officers, in part states:

“Neither the salary of any member nor any other allowance so fixed may be increased or
diminished during, and with respect to, the term for which he or she shall have been elected,
nor shall he or she be paid or receive any other extra compensation.”

24. Each of the defendant public officers has breached their duty as to the State

Constitutional bar for any Public Officer to hold more than one public office for compensation.

25. That Public Officer Defendants are acting ultra vires.

Complaint Page 6 of 15
26. That Governor Paterson, Comptroller DiNapoli, Attorney General Cuomo and President

Pro tempore Skelos have a conflict of interest with regards to their being a candidate for electors

by the operation of EL §12-100 through EL §12-110.

27. Plaintiff was and is damaged as a result of the Public Officers breach of duty.

SECOND CAUSE OF ACTION


(Breech of oath of Office by Public Officers, Public Officer Defendants and NYS BOE)

28. Plaintiff repeats each and every allegation contained in the First Cause of Action with the

same force and effect as though herein set forth at length.

29. New York State Board of Elections, (NYS BOE) with four commissioners two appointed

from each major state party and who have authority over their agents and the local boards of

election both for ballot access and the certification of the Presidential Elector Candidates slates

shown on Exhibit A is located at the New York State Board of Elections 40 Steuben Street

Albany, NY 12207.

30. That NYS BOE and its agents certified the Public Officers Defendants to be on the ballot

at the November 4, 2008 general election for election to the New York Electoral College.

31. Public Officer Defendants by reason of their actions to seek election to the Electoral

College on November 4, 2008 without expressing intention to resign from public office

simultaneous with the certification of the winning Electoral College slate under EL §12-102 by

December 1, 2008, intentionally are in breech of their oath of office and subject to impeachment.

32. That public officers of the NYS BOE Defendant and the Public Officer Defendants

intentionally Breech their oath of Office to be placed on the November 4, 2008 ballot as

candidates for electors of the Electoral College.

33. Plaintiff, along with those similarly situated, suffers injury to his sovereignty as

guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign citizen of

Complaint Page 7 of 15
the State of New York that here guarantees the Supreme sovereignty in the people; and whereas,

no authority can, on any pretence whatsoever, be exercised over the citizens of this state, but

such as is or shall be derived from and granted by the people of this state.

34. That Plaintiff individually as a natural person as with those similarly situated as We The

People as natural persons of the State of New York (a corporate entity), are grateful to Almighty

God for our Freedom, in order to secure its blessings apart from any such corporate fiction or

pretender monarch, and or as further guaranteed by the 9th and 10th Amendments to the Federal

Constitution, and Magna Carta.

35. That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property that a

living natural human inures from the creator Yahweh whose son Jesus Christ guarantees the

sovereign Freedom from Almighty God against corporate fiction and Public Officer Defendants

and their agents who are ultra vires and bent on enslaving plaintiff and those similarly situated.

THIRD CAUSE OF ACTION

(Sedition, as against all Defendants)

36. Plaintiff repeats each and every allegation contained in the First through Second Cause of

Action with the same force and effect as though herein set forth at length.

37. That Democrat Party Elector Candidate Defendants, Public Officer Defendants, the NYS

BOE and their agents John and Jane Does as an enterprise commit acts of sedition in an

agreement, communication or other preliminary activity aimed at inciting treason or some lesser

commotion against public authority and policy, as has with state action undermined the State and

Federal election as under 42 USC §1983 and §1985.

38. That plaintiff is being denied his sovereignty and a republican form of government.

Complaint Page 8 of 15
FOURTH CAUSE OF ACTION

(Conspiracy to commit Treason, against Democrat Party Elector Defendants, NYS BOE

and their agent John / Jane Does)

39. Plaintiff repeats each and every allegation contained in the First through Third Cause of

Action with the same force and effect as though herein set forth at length.

40. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as

an enterprise are attempting to overthrow the government of the United States in conjunction

with Barack Hussein Obama, Joseph Biden and their agents at the national level along with those

other candidate elector slates of other states of the several states (“Racketeering Enterprise”).

41. Based upon information and belief the Democrat Party Elector Candidate Defendants,

their agents John and Jane Does using the NYS BOE and their agents as an enterprise that have

misapplied and misadministered their public duties by failure to obtain and ascertain proof that

Barrack Hussein Obama is a natural citizen, otherwise contrary to United States Constitution

Article 2 Section 1 Clause 5:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the
Adoption of this Constitution, shall be eligible to the Office of President; neither shall any
Person be eligible to that Office who shall not have attained to the Age of thirty five Years,
and been fourteen Years a Resident within the United States.”

42. Based upon information and belief the Defendants and their agents have not obtained a

certified copy of the birth certificate of Barrack Hussein Obama.

43. That as of October 25, 2008 there is a mandamus motion to the United State Supreme

Court by Philip J. Berg to overturn the October 24, 2008 Federal District Judge Order to dismiss

the complaint alleging somehow a citizen has no standing to challenge the citizenship

qualifications of a presidential or Vice Presidential candidate under Federal jurisdiction, and in

that there is a case challenging the citizenship status of Barrack Hussein Obama, by the past

Complaint Page 9 of 15
Deputy Attorney General of Pennsylvania had filed the case pro se, and that a review of the

current docket indicates the case is called Phillip J. BERG v. BARACK OBAMA, THE

DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION and

DOES 1-50 INCLUSIVE, EDPA 08cv04083 filed August 21, 2008; and wherein the amended

complaint Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the

Office of the President because Obama lost his U.S. citizenship when his mother married an

Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her

naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his

U.S. citizenship status, and based upon request for admissions is a dual citizen of Indonesia and

Kenya, not a natural born citizen of the United States and according to the public record is not

even a citizen of the United States.

44. There has never been an Article II executive who has been a naturalized citizen.

45. There has never been an Article II executive who is a citizen of a foreign nation.

46. That were the executive to be occupied by a foreign citizen would constitute an invasion,

coup-d-tat and trespass of the sovereign citizen of New York to secede New York from the union

until such time the Union were made whole and laws enforced again.

47. Those Defendants have a duty to prevent any person who is not a natural born citizen

from ballot access in the state of New York when running for President and or Vice President.

48. Those Officer Defendants and the NYS BOE have not fulfilled the due diligence

necessary to protect the voters.

49. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as

an enterprise are attempting to overthrow the government of the State of New York in

conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at the November

Complaint Page 10 of 15
4, 2008 for foreign agents who are enemies of Plaintiff and those New York State Citizens

guaranteed sovereignty exclusive under the New York State Constitution separate and apart from

the other states of the several states.

50. That the Racketeering Enterprise is attempting to overthrown the government of the state

of New York to which the Democrat Party Elector Candidate Defendants owe allegiance, and

who join the Racketeering Enterprise to wage war against the State and or materially promote the

foreign born illegal alien Barack Hussein Obama to the Executive branch and the Presidency of

the United States against the law of both the State and Federal Constitutions, as has with state

action undermined the State and Federal election as under 42 USC 1983 and 1985.

51. That Defendants infringe Strunk’s liberty, expectation of a republican form of

government, and burden his expectation of effective participation in the general election were the

laws not enforced in good faith with the duties of their office.

FIFTH CAUSE OF ACTION

(Enterprise Unjust Enrichment, against All Defendants)

52. Plaintiff repeats each and every allegation contained in the First through Fourth Cause of

Action with the same force and effect as though herein set forth at length.

53. Each of the Public Officer Defendants will and have been unjustly enriched by these

activities to disrupt the election, that violate Plaintiff’s Federal voter right and expense, along

with those similarly situated, as 42 USC §1983 applies.

54. That the campaign finance associated with the Barack Hussein Obama and Biden

Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice were

it seated after the November 4, 2008 General Election would further damage Plaintiff at both the

national and state level beyond what has occurred, and will occur, by reason of Defendants’

Complaint Page 11 of 15
activities of unjustly enriching themselves at expense of Plaintiff and others similarly situated.

55. That the Defendants having been culpable to jointly and severally aid and abet the false

billing of Democratic Party Presidential campaign associated funds from the state of New York

taxpayers in the excess of the amount of say $10,000,000 or more, with interest, and cost of suit.

WHEREFORE, Plaintiff demands a temporary restraining order, preliminary injunction

hearing, summary judgment under CPLR §3001 and permanent injunction against the

Defendants and such other relief as the Court deems just including an TRO Order:

a. of Governor Paterson to resign as elector and stay operation of EL §12-102 until

directed otherwise by the Court, as he is now in conflict of interest with the State;

b. of the Comptroller DiNapoli to resign as elector and stay operation of EL §12-110

until directed otherwise by the Court, as he is in conflict of interest with the State;

c. of the Attorney General Cuomo to resign as elector to be able to act in his State

constitutional responsibility and that he is now in conflict with State inte€rest and is

stayed from further involvement in this matter until directed otherwise by the Court,.

d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry

out the duties of the Lieutenant Governor vacancy until after the election pending the

January 1, 2009 oath of a new Lieutenant Governor;

e. of the Secretary of State to stay operation of EL §12-102 and EL §12-110 until

directed otherwise by the Court,

f. of the NYS BOE and its local Boards and agents are to bar access by any voter at the

November 2008 General Election until the various Presidential candidates Elector

Slates are confirm qualified to be voted for at election.

Complaint Page 12 of 15
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------x
Christopher Earl Strunk, Index No.: 29642 / 08

Plaintiff,

-against-

David A. Paterson (NYS Governor), Andrew Cuomo


(NYS Attorney General), Thomas P. DiNapoli
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator),
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does

Defendants.

-----------------------------------------------------------------------x

SUMMONS with VERIFIED COMPLAINT

with EXHIBIT A

Dated: New York, New York /s/


October 27, 2008
____________________________________
Christopher Earl Strunk, plaintiff
593 Vanderbilt Avenue #281,
Brooklyn, New York 11238.
(212) 307-4444 E-mail: uncasvotes2@yahoo.com

Complaint Page 15 of 15
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT B
www.ny.gov - NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT C... Page 1 of 3

FOR IMMEDIATE RELEASE:


November 12, 2009

NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT CAMPAIGN


Governor signs Executive Order No. 30 Establishing the New York 2010 Census Complete Count
Committee

Governor David A. Paterson has signed Executive Order No. 30, establishing the New York 2010 Census Complete
Count Committee. The Committee will raise awareness of the 2010 Census and will work to maximize the
participation of all New Yorkers. New York Secretary of State Lorraine Cortés-Vázquez kicked off the State’s 2010
Census Complete Count Campaign today at an event in the State Capitol.

“It is critically important for the future of New York that we assure a complete and accurate count of New York’s
population in the 2010 Census,” Governor Paterson said. “Federal estimates suggest that more than 202,000 New
Yorkers were not counted in the 2000 census – we can and we must do better. That is why I have instructed my
administration to do everything possible to ensure a comprehensive count. This campaign is a real partnership
between government, community, business and religious organizations. All New Yorkers must be counted.”

The census count is used to determine each State’s congressional representation for the next ten years and to
establish new boundaries for congressional, State legislative and many local government districts. The federal
government uses census data to allocate more than $400 billion in federal funds annually for community programs
and services, such as education, housing and community development, health care, transportation and more. State,
local and tribal governments use census information for planning and to allocate funds for new school construction,
libraries and other public buildings, highway safety and public transportation systems, new roads and bridges,
location of police and fire departments and many other projects.

Secretary of State Lorraine Cortés-Vázquez said: “State agencies have a unique opportunity to play a critical role in
ensuring a successful count. Every state agency will work to spread the message that completing the Census is
easy, safe and important. Furthermore, this campaign will allow us to better coordinate our resources to target
efforts at historically undercounted communities -- immigrant, minority and low-income communities in particular.
We are truly all in this together.”

Earlier this year, Governor Paterson and leaders of the State Assembly and Senate appropriated funds in the 2009-
10 State Budget for services and expenses necessary for community outreach to assist in reducing the undercount
in the 2010 federal Census. This program will provide grants to fund public education, community outreach and
other activities targeted at hard-to-count and low response rate populations for promoting awareness of the 2010
Census, improving Census questionnaire mail back rates and encouraging cooperation with Census takers.

The Complete Count Committee comprises the heads of all State agencies and authorities. New York Census Action
Council will coordinate the Committee’s work. The Council comprises the Secretary of State, who will serve as
the Chair; the Governor’s Counsel; the Governor’s Deputy Secretary for Intergovernmental Affairs; the
Commissioner of Economic Development; the Commissioner of Children and Family Services; the Commissioner of
Health; the Commissioner of Housing and Community Renewal; the Commissioner of Labor; the Director of the
Lottery; the Commissioner of Motor Vehicles; the Commissioner of Temporary and Disability Assistance; the
Commissioner of Transportation; and the Chancellor of the State University of New York.

For more information on the New York 2010 Census Complete Count Committee, please visit
http://census2010.ny.gov.

The following statements were provided in support of the New York 2010 Census Complete Count Campaign:

Senator Kirsten Gillibrand said: “We need to make sure all New Yorkers are counted fairly and accurately in the
census. Getting a true picture of all of our communities will help make sure we address the needs of all New
Yorkers. I will continue working with Governor Paterson, Senator Schumer and our entire Congressional Delegation
to make sure we get our census data correct, and make sure New York gets its fair share from Washington.”

Congresswoman Yvette Clarke said: “I commend Governor Paterson for establishing the New York 2010 Census
Complete Count Committee. As the Representative of the 11th Congressional District in Brooklyn, where less than
35% of my district participated in the 2000 Census, I believe the Committee will improve Census questionnaire mail
back rates and encourage cooperation with Census takers. My office has been working with the Department of

http://www.state.ny.us/governor/press/press_1112091_print.html 11/16/2009
www.ny.gov - NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT C... Page 2 of 3

Commerce to greatly improve my district's participation in the 2010 census. The Committee’s work will be
instrumental in helping to maximize the participation of all New Yorkers. Census data is an invaluable resource and
provides a critical understanding of our country. An accurate count of all ethnic communities will highlight their
purchasing power and economic impact both in the U.S. and global markets, particularly communities that
represent a large part of the African Diaspora.”

Congressman Eliot Engel said: “Getting a complete and accurate census count is vital for New York and for the
people who live here. Federal aid to states in based on population, so a short count hurts everyone, especially those
who need it most. Personal data from the census is not shared with other federal, state or municipal agencies, only
demographic information such as population numbers, ethnic breakdowns, etc. When the census taker comes
around, don’t be afraid to get counted to help yourself and help New York State.”

Congresswoman Nita Lowey said: “It is critical that all New Yorkers are counted in the 2010 Census. Without an
accurate count, our state will be shortchanged in Washington of federal funding, representation, and influence. I
look forward to working with New York State and local officials to ensure all our residents are counted.”

Congressman Dan Maffei said: “Democracy works when everyone is counted. We need all New Yorkers to
understand and participate in the 2010 Census, and I thank Governor Paterson for taking the initiative to make this
a priority for New York.”

Congresswoman Carolyn McCarthy said: “I am pleased that the Governor has launched a census committee. It is
imperative that every New Yorker be counted. By accounting for all New Yorkers it will enable the state to have the
proper amount of Congressional representation which in turn means our fair share of federal funding.”

Congressman Gregory Meeks said: “The Census plays a critical role in determining the level of government funding
and resources that a community receives for healthcare, law enforcement, and other vital public services. With the
recent closure of several Southeast Queens clinics and hospitals it is critical that programs such as the New York
2010 Census Complete Count Campaign be created to promote an accurate count of residents in the New York 6th
Congressional District. I look forward to working with Governor Paterson and the state of New York to ensure that
each and every person has access to the information and resources needed to be counted in the 2010 Census.”

Congressman Charles B. Rangel said: “An accurate count is important not only because it helps determine how our
electoral districts are drawn and the amount of federal funding for our communities, but also because Census
numbers are used by small business and nonprofits to secure resources from the private and philanthropic sectors. I
applaud Governor Paterson and other local elected officials for answering the call and gathering the diversity of
voices needed to ensure a complete count in every neighborhood across this great state.”

Congresswoman Louise Slaughter said: “I am committed to ensuring a complete and accurate census in 2010. In
recent years I’ve written to the Commerce Department urging the Secretary to allow the Census Bureau to conduct
the census in the most practical and basic ways to ensure the most accurate count. I’ve also implored the
Department to focus on the fundamental tasks of raising awareness, compiling accurate and complete lists and
getting the highest possible response rate. The Census is simply too important for failure.”

Congressman Paul Tonko said: “We need all New Yorkers to take a few minutes and participate in the 2010 Census.
An accurate count is critical to helping all levels of government plan for the next ten years, and it also ensures that
our communities will get the proper level of funding for services such as neighborhood improvements, education,
and transportation to name a few. The investment of a few minutes of time to complete the census will truly return
dividends for our state and our communities.”

Congressman Edolphus Towns said: “I am pleased to see the enactment of this important census initiative. We must
do everything possible to raise awareness about Census participation so that every New Yorker is counted. As
chairman of the House Oversight and Government Reform Committee, which oversees the Census, I will also be
working to ensure that the fairest assessment of population in New York, and across the nation, is reported in the
2010 Census.”

Congresswoman Nydia Velázquez, Chair of the Congressional Hispanic Caucus, said: “With the 2010 Census, we
must put an end to the historical undercount of Hispanic and other minority communities. A fair and equal count in
2010 will ensure New York’s diverse communities receive vital resources for schools, health care, job training and
infrastructure. Latinos are the fastest growing population in the United States, and only through an accurate count
can we ensure they receive the federal assistance and representation they deserve.”

Senate Majority Conference Leader John L. Sampson said: “I am pleased Governor Paterson has taken steps to

http://www.state.ny.us/governor/press/press_1112091_print.html 11/16/2009
www.ny.gov - NEW YORK STATE LAUNCHES CENSUS COMPLETE COUNT C... Page 3 of 3

ensure each and every New Yorker is counted in the 2010 census efforts. The Senate Majority has already begun
outreach efforts in communities across the state in hope of obtaining the most accurate count of residents in the
state. The Governor’s initiative will guarantee millions of dollars in federal funding to the state’s health, education,
and construction industries.”

Senate Republican Leader Dean G. Skelos said: “Census data has an effect on everything in New York State, from
education and health care to police and emergency services. As the next census gets underway, it is important that
every New Yorker is counted to ensure we receive our fair share of federal aid and continue to have the resources
we need to continue vital services in communities throughout the state.”

Assembly Speaker Sheldon Silver said: “It is our goal to have every New Yorker counted in the 2010 federal
Census. An accurate count will provide information essential to ensuring that New York gets its fair share of funding
from vital federal programs that help to deliver services to the elderly, unemployed and at-need residents, as well
as maintaining equal representation for New Yorkers in our federal government. This committee will inform New
Yorkers of the census process and ensure that forms are correctly completed. The Assembly Majority encourages all
New Yorkers to make sure that they are counted, and supports the creation of this important and necessary
committee to ensure that billions of dollars of federal aid is available to our state in the coming decade.”

Assembly Minority Leader Brian M. Kolb said: “Years of high taxes, runaway government spending and an
underperforming economy have resulted in millions of residents leaving our state. It has also led to New York losing
seats in the House of Representatives, which limits our ability to obtain a ‘fair share’ of the tax dollars we send to
Washington. I am encouraging every New Yorker to take part in the 2010 Census so we can ensure a fair, accurate
and complete count of our state’s population.”

http://www.state.ny.us/governor/press/press_1112091_print.html 11/16/2009
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT C
Executive Order Page 1 of 2

EXECUTIVE ORDER

NO 30: ENHANCING PARTICIPATION OF NEW YORKERS IN THE 2010 CENSUS

WHEREAS, the decennial census of the population of the United States will be conducted on April 1, 2010, as
required by Article I, § 2 of the Constitution of the United States and Title 13, § 141 of the United States Code; and

WHEREAS, the census is a count of every person living in the United States and its territories, including people of all
ages, races and ethnic groups, both citizens and non-citizens; and

WHEREAS, it is illegal for the U.S. Census Bureau, or its employees, to share personal information about individual
respondents or households with any other government agency, including immigration and law enforcement
authorities and the Internal Revenue Service, and the unlawful release of census information is punishable by a fine
not exceeding $5,000 or imprisonment for not more than five years, or both such fine and imprisonment; and

WHEREAS, the census count is used to determine each State’s congressional representation for the next ten years
and to establish new boundaries for congressional, state legislative and many local government districts; and

WHEREAS, the federal government uses census data to allocate more than $400 billion in federal funds annually for
community programs and services, such as education, housing and community development, health care, services
for the elderly, job training and more; and

WHEREAS, state, local and tribal governments use census information for planning and to allocate funds for new
school construction, libraries and other public buildings, highway safety and public transportation systems, new
roads and bridges, location of police and fire departments, and many other projects; and

WHEREAS, federal estimates suggest that over 202,000 New Yorkers were not counted in the 2000 census,
including more than 103,000 New York City residents, despite aggressive government and community-based efforts
to reduce the 2000 census undercount; and

WHEREAS, it is of vital importance to New York State to ensure that each and every New York resident is counted in
the 2010 census;

NOW, THEREFORE, I, David A. Paterson, Governor of the State of New York, by virtue of the authority vested in me
by the Constitution and laws of the State of New York, do hereby order as follows:

1. There is hereby established the New York 2010 Census Complete Count Committee (“Committee”), which
shall raise awareness of the 2010 census and maximize the response of New Yorkers.

2. The Committee shall be comprised of the heads of all state agencies subject to this Order and their
designees and such other members as the Governor may appoint in his discretion. The work of the
Committee shall be coordinated by a New York Census Action Council (“Council”), which shall be comprised
of the following individuals or their designees: the Secretary of State, who shall serve as Chair; the
Governor’s Counsel; the Governor’s Deputy Secretary for Intergovernmental Affairs; the Commissioner of
Economic Development; the Commissioner of Children and Family Services; the Commissioner of Health; the
Commissioner of Housing and Community Renewal; the Commissioner of Labor; the Director of the Lottery;
the Commissioner of Motor Vehicles; the Commissioner of Temporary and Disability Assistance; the
Commissioner of Transportation; and the Chancellor of the State University of New York. All actions and
recommendations of the Council shall require approval of a majority of the total members of the Council.

3. The Committee, through the Council, shall work with the U.S. Census Bureau, local Complete Count
Committees, Census Partners, community-based organizations and other local and regional entities to
develop, recommend, and implement a census outreach strategy to encourage full participation of all New
Yorkers in the 2010 census. The census outreach strategy shall include, but not be limited to:

a. dentification of barriers and obstacles that may interfere with full participation of New Yorkers in the
2010 census, including geographic, linguistic, cultural and other barriers, and the development of
strategies to overcome those barriers; and
b. b. the development and coordinated distribution by state and local agencies, organizations and

http://www.state.ny.us/governor/executive_orders/exeorders/eo_30_print.html 11/17/2009
Executive Order Page 2 of 2

entities of press releases, publications, displays and other promotional material designed to heighten
the awareness of and encourage full participation in the 2010 census.

4. The first meeting of the Council shall be held not later than December 15, 2009, and thereafter the
Committee and Council shall meet as often as is necessary and under circumstances as are appropriate to
fulfilling their duties under this order.

5. Every agency, department, office, and division of this State shall cooperate with the Committee, and furnish
such information and assistance as the Committee determines is reasonably necessary to accomplish its
purpose.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this twelfth day of November in the
year two thousand nine.

David A. Paterson
Governor

Lawrence Schwartz
Secretary to the Governor

http://www.state.ny.us/governor/executive_orders/exeorders/eo_30_print.html 11/17/2009
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT D
ee-
7
At IAS art-
rl Epc-YRL.e&zaw
of the Supreme
Court of the State of New York
Held in end for the County of
Kings, at the cou$house at
360 A d a m ~ t r 6 eon /P
i the
Day of November 2008
PRESENT: Hon ON. DAVID I. SCHWDI
Justice of the Supreme Court

Christopher Earl SLNnk, 1ndex No.: 29642 1 08


Petitioner,

-against- ORDER TO SHOW CAUSE


WITH TRO AND STAY
David A: Paterson (NYS Governor). Andrew Cuomo IN C I n L ACTION

J
( W S Attorney General),Thomas P. DlNapoli
(NYS Comptroller), Sheldon Silver (NYSSpeaker of
the Assembly), Malcom Smith (NYS Senator),
Hakeern Jeffries (NYS Assemblyman for the 5? AD),
Christine Quinn (NYCSpeaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos I

(President pro tempore of the N Y S Senate) in their


Official Capacities and individually. the Democrat
Candidate Presidential Electors as a class, in their official . .
Capacity and individually; The New York State Board DNGs coum ~ B K
of Elections and John Does and Jane Does FEE $d,80
Defendants.
--. ..- ----X
I

the asdavit of Christopher h l Skunk affirmed to on the 1

the.exhibits. Summons and attached to the


affidavit, and memonkd
~3 .&law in which New York Election Law Article 12 applies from the
November 4,2008 Genetal Election thru December-25,2008for expedited relief, as amafter of
d
state ofNew York Constitutional Law for an Order to Show Caux for a Temporary Restraining

Order under CPLR 46301 and Stay under CPLR 92201 of the New York Electoral College

public officeof W t or profit pending delivery under a Judicial Subpoena Ducw Tecum of the

United States Deparhnent of State of the travel records of Stanley Ann Dunham covering the
on or about Decernbcr IS, ZOO8 baven't been p w i d d , that tile vote certi6carion be
restmined until being lifted by the United States Supreme Court;
d . of to serve notice upon the United States Supreme Qu?, whose c o n c u m

original juridiction after certificationof the New York Electoral College and those of
the several States Elecbral Collqes, may order the determination of the elifibility-of
-. :-.

any candidate for the Office of United States President / Vice Pnsidcnt shall be a
natural born citizen of the United States under the U.S. Constitution law of the land:

e. And for finther and dierent relief as the Court may deem necessary herein.

As it is allcgcd as a matter of irrepar8bIeharm that he United S ~ r eDepartment


s of State
arbitrarily withholds travel records of Stanley &a Dunham covering the period of 1960 through
1963, and that the travel records would prove that B a r d Hussein Obama as a candidate for

President is not a natural born citizen of the United States, therefore ineligible, requiresresbaint ,

of the Electoral College from voting for him;and that P l a i having cast his advisory vote at
the November 4,2008 General Election is being arbitrarily denied equal protection and
substantive due process in the maim of the public travel records and or even an affirmative
response from the U.S. Department of State, that is necessary to further advise theNcw York

EIcctoraI College to be certified on December 1.2008, and thereafter prepare to elect a president
to be certified on or after December 15,2008, and then to be reported by December 25.2008.
kc& b$w
~ o n t p e n d i n g h v t h o & a t h i s. -. v. . it is ORDERED by

Judicial Subpoena Duces Tecum upon the United States Department of State and or it agents
/
srprll
including the United Slue S e c r e q of State lo pmvide by November 2008 tqfthis

=r I Court a qualified witness along with any and all information or records related to Stanley A m

Dunham born November 29,1942 at Fml Leaveowoh KS. U.S., pka. Stsnley Ann Dunham

L Obama and who died on November 7,1995 under the name Stanley Ann Dunham Soetoro (aka.
NW-19-288B 6 3 : s FRCM:HN GERR-0 kEI-0 7186437945 TO: 912123678241 P.5'6

- - I--- .- - a ---.._- _-_. ____ _ __ "

summ) for any and or all exit and entry r e c a d for travel outside of the USA for the period
m n 1960 through 1963; md hrther,
hew? *+9
/ Pending funher& o this m -
r one of competentjurisdiction it is ORDERED.of the

\ duly elected 31 candidates of lhe New York Eleeloral College slate inchding persons filSmg any
\ vacancies for those listed for the Democratic Party Committee Presidential Elector ?ate under .-
a

hT I b e names oE Velds Icfiiey,June F. O'Neill, Deanis Mohiel. David A. Paterms Andrew


Cuomo, Tho- P. Dill~cpoli,Sheldon Silver. Malcom Smith. Maria Lun& R O W M m.
Pamela Green-Pertiins, Helen D. Foster, JonCooper, H&eem Jefies. Richard Fife. DeborahA.
Slott, Turence Ymg, Geoqc Arthur, George Gresham, Alan Van Capcllt, Inez Dick-, SW'
( Ballantyne. Alan Lubin. Bethaid. Oonzalez, William Thompson.
Chistine Quinn, Smut
I Applebun, Davila, Ivan Young.Batma F i 4 Frank B o k I11 Yolk
Muitza A. ("New

( Electoral Collcgc"), arc hereby stayed from voting for candidate Barack H-in Obama; and

-
Sufficient cause appearing therefore, let mail service certified with retwn receipt of this
4
order, and the papers upon which this order is granted. upon the respondents David A. Paterson,
%drew Cuomo. Dean Skelos,wornas P, DiNapoli, Lorraine A. Cortez-Vazquez, and public
offi-: !%ldon ~ilver,%alcorn ~ m i t h , ~ a k e el&es,%stine
m ~uinn,\R;tlliamThompson,
d m ~+edhco!d& Skelos, d Kew Yo& Stmc hard of Elections. New Yo& Eleuod College, .
the United States Depmment of State, the Unittd States Department of Justicc, and the

>-- Honorable Justices of the United States Supreme Court on or before the day of

November, 2008 be deemed good and sufficient An fldavit or other proof of service shalj be
presented to this Court a h the d m directed in Lhc second paragraph of 11s; order.

ENTER

. -
8-h'
.rP r
UovrnG ?ARTY: OtWSWG ? U W r W m r - - - -
0? b i d e 0 D&-
3 rppdba.)cc;rlo?a 0 Apllw-

movmo AT~OLWCYI DL.---- o n o s m ~~l I r # U I Y p d a - e ) : --am+-


[ a a c . ( e m n r ~ . ~ Q h . U r r a .@arc nahrrd d l (DM* d m ~ ~ . &m.
- b-pkw dffdr-P.ul
-H- u w l l l r w . ~ ~ r n d u r ~ ~
m*ruY#r-Ill m--~whmlrml
wmrntla
ra-rawuw
4

COq~-Jd@li-~t
bm(.1(4 eI.OILImLIr.Cm12lllb.C.-m.YIN--O.CrU

PIOM clroCI b).roprLn bmerra PWEMMCZRCY WOIIOI(S.MOTIONI ~ R ~ A Y S * ~


IUJUNClTOUS FENDING APPEAL
Hu c m a ~ . (D ~ ~ R I ~ C O U I S C I : ~v r o q w for rrlWLce8 m e WOW? 0 Yn No
A. b e r a m 0 YO B no
B b-oboiadl BY- B NO ~ l u t ~ r r t ~ b c u p r r r i a v r ~ ~ ~

lr am1 a r g s r a r y n c m l l l Y o 0 90
bmc cam7 0 YES a Na
Cnqoto Bf rnl y a m t r i l l m ~ u r m n l y
br m u d ) WWM -4- ml a f i a l u r l ~ so l y # - . r .

-. .
9Bam
Boiorr: Hon. Rokn A. -urn. CMI*
7 IS HEREBY ORDERED PIU h e perillon bym st a p p l b n Suaak for 8 rrir o f mllndunuc is DENIED.
FOR THE COURT:
W e O ' H w n Wolf, C l d
. .* -
M-/Y-Q~ by s.
3,-
mu kjrakA l n ; n i i A R ~
- -
i
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT E
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT F
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT G
NYS Board of Elections Foil Request Page Page 1 of 2

New York State Board of Elections


Request for Access to Public Records

Instructions: All persons submitting a request to access public records must


complete the following:

* indicates a required field

*Name CHRISTOPHER EARL STRUNK

*Address 593 VANDERBILT AVENUE UNIT281


*City BROOKLYN

*State NY

*Zip 11238
Day
845-901-6767
Phone
*E-mail cestrunck@yahoo.com

Does Applicant apply on own behalf? Yes No

If No, name and address of person or organization on whose behalf applicant is acting.

Name
Address
City
State
Zip

Please list the records, determinations, minutes, rules or other documents you wish to examine
or have copied. (Photocopy charge: $.25 per page, prepaid).

1 CERTIFICATE FILED FOR DEMOCRATIC PARTY PRESIDENT CANDIDATE FOR 200 Date Filed
SEPT 2008
2 CERTIFICATE FILED FOR REPUBLICAN PARTY PRESIDENT CANDIDATE FOR 2008 Date Filed
SEPT 2008
3 CERTIFICATE FILED FOR WORKING FAM PARTY PRESIDENT CANDIDATE FOR 200Date Filed
SEPT 2008
4 CERTIFICATE FILED FOR CONSERVATIV PARTY PRESIDENT CANDIDATE FOR 200 Date Filed
SEPT 2008
5 CERTIFICATE FILED FOR INDEPENDENC PARTY PRESIDENT CANDIDATE FOR 20 Date Filed

http://www.elections.state.ny.us/Nysboe/Forms/FoilRequestPublicRecords.html 11/21/2009
NYS Board of Elections Foil Request Page Page 2 of 2

SEPT 2008
6 CERTIFICATE FILED FOR GREEN PARTY PRESIDENT CANDIDATE FOR 2008 GENEDate Filed
SEPT 2008
7 CERTIFICATE FILED FOR LIBERTARIAN PARTY PRESIDENT CANDIDATE FOR 2008 Date Filed
SEPT 2008
8 CERTIFICATE FILED FOR SOCIAL. WK. PARTY PRESIDENT CANDIDATE FOR 2008 Date Filed
SEPT 2008
9 CERTIFICATE FILED FOR PLT. PARTY PRESIDENT CANDIDATE FOR 2008 GENERA Date Filed
SEPT 2008

Submit Reset

http://www.elections.state.ny.us/Nysboe/Forms/FoilRequestPublicRecords.html 11/21/2009
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

AFFIDAVIT IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR


TRO, PERMANENT INJUNCTION AND OTHER RELIEF

EXHIBIT H
593 Vanderbilt Avenue – 281
Brooklyn, New York
Zip Code exempt DM 122-32
(845) 901-6767 Email: chris@strunk.ws
Christopher-Earl: Strunk © in esse
David A. Paterson, Governor
of the State of New York
The Capitol
Albany, New York
Reference: Governor signs Executive Order No. 30 Establishing the
New York 2010 Census Complete Count Committee
Subject: Judicial Notice and U.S.P.S. role in the 2010 Census
Dear Governor Paterson,

I, Christopher-Earl: Strunk © in esse, declare under penalty of perjury with 28 USC 1746 as follows:
The referenced Executive Order No. 30 is riddled with New York State Constitution and related law
violation that questionably begs for Federal Funds in the Federal driven decennial 2010 Census and use of the
New York Penal Law, that like the RICO Act punishes sanctuary harboring fraud related activity in connection
with identification documents, mail fraud, wire fraud, procure citizenship or naturalization unlawfully witness
tamper, fraud and misuse of documents, interstate and foreign travel in aid of racketeering Enterprise, engaging
in monetary transaction in property derived from specific unlawful activity, I urge the Governor and the so-
called “Complete Count Committee” to question the Enterprise intent and actual Constitutional solution.
For instance, why does the Press Release (attached) suggest the Executive Order urge “New Yorkers”
not to be “afraid” to make an affirmation to strangers at the door – this is a criminal matter. The Governor uses
the dual domiciled Eliot Engel proffer that “When the census taker comes around, don’t be afraid to get counted
to help yourself and help New York State.” The Governor’s Order could have skirted Mayor Bloomberg’s
“Don’t Ask Don’t Tell Policy” Executive Order No. 41, but doesn’t, and questionably initiates State action in the
Enterprise grab at the Federal Treasury. When the characterization of “FEAR” is used, would FEAR be there if
a uniformed postal carrier of the United States Postal Service knocks be a reason for fear? The USPS is best
situated to enumerate the 2010 Census, NOT the RICO tainted derivatives of ACORN’s myriad combination of
community based organizations criminally involved in Motor-voter registration, Medicaid false billing ponzi-
scheme frauds and felonious misrepresentation of public documentation and suborning witnesses for pay.
On point, Tourists per se are at will as are those associated with the diplomatic community at will are
not Permanent Resident Aliens per se or Citizens per se as required by the State to determine its application of
jurisdiction; and therefore, tourists as are diplomats not counted for the U.S. House allotment, notwithstanding
any Federal statistical interstate commerce matter that accompanies enumeration and 5 year interim survey.
The 2010 Census enumeration as any enumeration must differentiate those under state rather than
Federal or Foreign jurisdiction so as not to otherwise questionably allot more House seats based upon tourists
and diplomats as done previously for California, Texas, New Mexico Arizona and Nevada among States closer
than New York to the stream of tourists at will, and determine who the actual inhabitants defined by New York
Law as New York State citizens that are domiciled here as either Permanent Resident Aliens or Citizens of any
age is the intent of the Census. Any tourist and or diplomat except for a criminal matter or civil judicial action
in our courts isn’t under state jurisdiction as required with the 14th Amendment. Tourists, Diplomats and their
families are foreign affair matters exclusively under Federal and Foreign jurisdiction by the requirements of the
Vienna Convention treaties and associated law in its entirety. I agree New York is short changed in Congress.
As such, this Judicial Notice that Declarant is Plaintiff jus tertii in the 2010 Census Enumeration case
Strunk v. United States Department of Commerce Bureau of the Census et al. DCD 09-cv-1295 (1) before
District Judge Richard J. Leon, with a pending decision on the Motion for a Three Judge Panel with 28 USC
2284. As the ongoing 2010 Census enumeration is a nationwide matter that injures New Yorkers and singles out

1
http://www.scribd.com/doc/21924443/Strunk-v-DOC-et-al-Verified-Complaint-DCD-09-cv-1295-071309

1 of 3
some citizen(s)’s suffrage, speech and liberty to have a republican form of government of laws not men for
different treatment, in that there has not been an enlargement of the U.S. House of Representatives since 1912
that is ripe for review as a substantive equal protection matter with use of the 13 USC 141 unconstitutional
outrageous disproportionately diminished dilution of suffrage that infringes speech as to our nationwide voice as
New Yorkers to Congress and the Executive Order No. 30 (attached) now involves 42 U.S.C. 1983 state action.
The so-called Founding Fathers of the United States Constitution mandate the House Representation
ratio of 1 member per 30,000 persons, remains un-amended, and today would yield say 10,000 U.S. House
members. Is the Constitution dead letter law like the State Constitution is alleged to be by pundits? In 1791 the
proposed amendment setting the size of the U.S. House was not adopted as pre-mature would now yield say
1,500 for a reason – the matter is ripe for review, join in as Al Smith once did and urge the USPS initiative to
keep New York out of the RICO Enterprise focus on false billing and usurpation of rights!
That the 1990 and 2000 reapportionment occurred without meeting the 10% mean deminimus protection
of those eligible to vote as New York citizens who are affected differently on a CD by CD basis for each New
York U.S. House seat. That unequal treatment has increasingly injured and singled out Plaintiff and those
similarly situated both by injurious gerrymandering and outrageous non-enforcement of the INA with related
law that since the notorious 1986 Reagan Administration granted the “one time amnesty” for tourists at will.
Tourists at will as with diplomats and their families are not “illegal” per se and according to New Jersey
Governor-elect Christopher Christie as the once U.S. Attorney and the New York State Constitution Article 3
Section 4(2) and Section 5-a (3) accordingly. The Section 5-a definition of ‘the term "inhabitants, excluding
aliens" shall mean the whole number of persons’ coincides with the State Constitution intent in its entirety can
only mean the mandatory use of the census as defined in the Articles especially Article III as to the Legislature
in its entirety, Article IV as to the Executive (4) , Article VI as to the Judiciary (5), Article VIII as to Local

2
Article III as to the Legislature Section 4. Readjustments and reapportionments; when federal census to control. Except
as herein otherwise provided, the federal census taken in the year nineteen hundred thirty and each federal census taken
decennially thereafter shall be controlling as to the number of inhabitants in the state or any part thereof for the purposes of
the apportionment of members of assembly and readjustment or alteration of senate and assembly districts next occurring,
in so far as such census and the tabulation thereof purport to give the information necessary therefor.
The legislature, by law, shall provide for the making and tabulation by state authorities of an enumeration of the
inhabitants of the entire state to be used for such purposes, instead of a federal census, if the taking of a federal census in
any tenth year from the year nineteen hundred thirty be omitted or if the federal census fails to show the number of aliens or
Indians not taxed.
If a federal census, though giving the requisite information as to the state at large, fails to give the information as
to any civil or territorial divisions which is required to be known for such purposes, the legislature, by law, shall provide for
such an enumeration of the inhabitants of such parts of the state only as may be necessary, which shall supersede in part the
federal census and be used in connection therewith for such purposes.
The legislature, by law, may provide in its discretion for an enumeration by state authorities of the inhabitants of
the state, to be used for such purposes, in place of a federal census, when the return of a decennial federal census is delayed
so that it is not available at the beginning of the regular session of the legislature in the second year after the year nineteen
hundred thirty or after any tenth year therefrom, or if an apportionment of members of assembly and readjustment or
alteration of senate districts is not made at or before such a session.
3
Article III Section 5-a [Definition of inhabitants]. For the purpose of apportioning senate and assembly districts
pursuant to the foregoing provisions of this article, the term "inhabitants, excluding aliens" shall mean the whole number of
persons. (New. Added by vote of the people November 4, 1969.)
4
Article IV as Executive §6. Appointments and promotions in the civil service of the state and all of the civil divisions
thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by
examination which, as far as practicable, shall be competitive; provided, however, that any member of the armed forces of
the United States who served therein in time of war, and who, at the time of such member's appointment or promotion,
is a citizen or an alien lawfully admitted for permanent residence in the United States and a resident of this state and
is honorably discharged or released under honorable circumstances from such service, shall be entitled to receive five
points additional credit in a competitive examination for original appointment and two and one-half points additional credit
in an examination for promotion…

2 of 3
Finance limits upon Indebtedness 'Q,Article XVILI as to Housing etcetera and inter alia that the census requires
all "aliens" per se to be clearly differentiated from citizens per se, to mean between permanent resident aliens
and citizens of any age, but especially as to the Article I1 suffrage guaranteed with the Article I Bill of Rights.
May I remind that the Ratification of the Constitution by the People of New York July 26, 1788,
declared: " n u t a11 Power is originally vested in and consequently derived- the People, m d that Government is
instituted by them for their common Interest Protection and Security. That the enjoyment of Life, Liberty and the
purstrit of Happiness are essential rights which every Government ought to respect andpreserve. That the Powers of
Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every
Power, Jurisdiction and right, which is nof by the said Constitution clearly delegated to the Congress of the United
States, or the departments of the Government thereox remains to the People ofthe several States, or to their
respective State Governments to whom they may have granted tl?esame; ... ?hat the PeopIe I~avean equal, natural
and unalienable right,freely andpeaceably to Exercise their Religion according to the dictates of Conscience, and
that no Religious Sect or Society ought to be favoured or established by Law in preference of others. "
Declarant has complied with the Attorney General's Office urging not to name the State of New York in
DCD 09-cv-1295 to prevent a burden upon the budget as no cause of state action thexexisted. Your Executive
Order No. 30 has initiated several causes of action, which I will join in the Court of Claims for damages and
seek restraint with an Article 78 for failure to follow the Constitution- if not clarified expeditiously within seven
working days. To date the Governor has ameliorated the potential action against the executive by firing his prior
Jesuit Chief of Staff, is distant from the Usurper with dual allegiance at birth, and perhaps those permanently
embedded in New York Government at the hub of the Enterprise. Declarant seeks a rapid clarification and
meeting at the Governor's earliest convenience to avoid further action; and were the Honorable Governor, like
A1 Smith in 1928, to demand an enlargement of the United States House of Representatives for the first time
since 1912, I would be forever respectfully yours.

Dated: November 17" 2009


Brooklyn, New York
Christopher-Earl: Strunk 0 in esse
-/

Attached:
Governor signs Executive Order No, 30 Establishing the New York 2010 Census Complete Cozmt Committee

cc: Andrew Cuomo, Attorney General


for the State of New York
The Capitol Albany New York

5
Article VI as Judiciary Section 6 for judicial dstricts how constituted at subsection d. The supreme court is continued. It
shall consist of the number of justices of the supreme court including the justices designated to the appellate divisions of the
supreme court, judges of the county court of the counties of Bronx, Kings, Queens and Richmond and judges of the court of
general sessions of the county of New York authorized by law on the thuty-first day of August next after the approval and
ratification of this amendment by the people, all of whom shall be justices of the supreme court for the re ainder of their
2'
terms. The legislature may increase the number of justices of the supreme court in any judicial district, cept that the
number in any &strict shall not be increased to exceed one justice for fifty thousand, or fraction over thl@ thousand, of the
population thereof as shown by the last federal census or state enumeration.
6 t
ARTICLE VIII Local Finances Section 4 ILimitations on local indebtedness]
$4. Except as otherwise provided in this constitution, no county, city, town, village or school district described in this
section shall be allowed to contract indebtedness for any purpose or in any manner which, including existing indebtedness,
shall exceed an amount equal to the following percentages of the average full valuation of taxable real estate of such
county, city, towq village or school district: (a) the county of Nassau, for county purposes, ten per centurn; (b)any
county, other than the county of Nassau, for county purposes, seven per centum; (c) the city of New York, for city
purposes, ten per centwn; (d) any city, other than the city of New York, having one hundred twenty-five thousand or more
inhabitants according to the latest federal census, for city purposes, nine per centum;
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 29642 / 08
---------------------------------------------------------------------------x
Christopher Earl Strunk,
Plaintiff,
-against-
MEMORANDUM IN SUPPORT
David A. Paterson (NYS Governor), Andrew Cuomo
(NYS Attorney General), Thomas P. DiNapoli OF AN ORDER TO SHOW CAUSE
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator), WITH TRO, PROTECTIVE
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Christine Quinn (NYC Speaker of the Council), ORDER, PERMANENT
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos INJUNCTION AND
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat OTHER EQUITY RELIEF
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does
Defendants.
-------------------------------------------------------------------------x

I am the Self represented Plaintiff, Christopher Earl Strunk in esse, whose affidavit is affirmed to

on the 23rd day of November 2009, with annexed exhibits including a conformed summons with

verified complaint annexed as Exhibit A, wishes equity relief with temporary restraining order,

protective order of plaintiff in association with various named persons alleges State actions of

harassment threats and infringement of first, fourth, fifth, ninth and tenth amendment rights

under jurisdiction of the entirety of the State of New York Constitution especially application of

Article II protection afforded by the Article I Bill of Rights and Article III Section 4 as to the

2010 Census enumeration and Governor David A. Paterson’s Executive Order No.: 30 as applies

to New York State Election Law Article §16-100 and underlying allegation that Election Law

Article 6 is misapplied and mis-administered by agents of the NYS Board of Elections and sub-

divisions from before the November 4, 2008 General Election as part of predicate acts to

facilitate a nationwide RICO Enterprise fraud, unjust enrichment and theft of personal suffrage

property seek emergency equity relief pending an expedited discovery for a hearing for

permanent injunction; however, pending a hearing on this instant action and it is alleged with

1
imminent irreparable harm with time as the essence, that warrants a TRO equity relief for

Plaintiff and his associates and material witnesses requests issuance of a protective order.

As To the Protective Order

Under the circumstance described in the affidavit and by Pastor Manning and other

named Plaintiff Witnesses surrounding Plaintiff’s challenge as the “last man standing” a year

later here and in Washington D.C. as to the eligibility of Barack Hussein Obama to serve as

President of the United States, the alleged Usurper has injured Plaintiff, and such injury is there

before District Judge Richard J. Leon; and having been directed by this Court to seek relief there

first it is reasonable considering the controversy surrounding the entire matter that the

expectation of threat, coercion and infringement as witnessed with Pastor Manning’s broadcast

statement first fourth fifth 9th and tenth amendment rights to the constitution with state action as

alleged chills and oppresses Plaintiffs action also as he is in association since before the election

with the persons named as material witnesses who are also threatened.

Therefore Plaintiff’s concern for he, his family and associates is real and represents an

ongoing harm that Plaintiff had previous discussions about, before the growth of the size of

federal actions in Washington, sealing this case from the public because of my fear of reprisals

and that New York Assistant Attorney General Joel Graber, Defendants Counsel, stated that

sealing would be difficult unless it were strictly a family / domestic relations type of sealing, not

something like this case; and therefore as I agree with Mr. Graber, a suitable protective order

and related relief associated with it is appropriate and reasonable under the circumstance and that

the public has a right to know what we are doing and will not unreasonable infringe upon state

action which otherwise must seek a court approval of warrants etcetera which now properly

2
belongs before this court here in Plaintiff ‘s domicile State, not in Washington District of

Columbia.

As To Issuance of Subpoena

The need to issue subpoenas as to the named agents to the extent that plaintiff is not an attorney

becomes the responsibility of the Court to weigh and act upon, and that under the circumstance is

reasonable and must be done timely were the protective order to be lifted upon hearing; and

furthermore, because the federal agents were obviously acting central Intelligence Agency Agent

were present makes issuance of subpoenas(s) and order not to allow risk of flight by such agents

by their supervisor to cover-up their acts is essential and linked in every aspect to a fin ding here

in an expedited manner.

As To the State Election Board fiduciary duty with Election Law Article 6

That the underlying first cause of action is motivated by whether or not Election law Article 6 as

to the Board’s agents fiduciary duty to ascertain whether or not a Presidential Slate of candidates

is eligible to serve as President of the United States goes to inconsistency of the Election Law

under plenary control of the State to conduct the election and it appears as the affidavit alleges

that the Certificates presented by the various Party Committees to put the Presidential Slate on

the Ballot are not sworn with specific uniform language that would relieve the Boards agents

form both comparison of all and follow-up as to veracity unlike the sworn guarantees for both

registration, petitioning and actual voting imposed by other article of the election law. Plaintiff

complains of EL 17-120. Misconduct in relation to certificate of nomination and official ballot,

EL§ 4-112. Certification of nominations; state board of elections, EL § 6-158. Nominating and

3
designating petitions and certificates, conventions; times for filing and holding as applies to such

certificates. That plaintiff has requested actual copies of the Certificates and that they are

presented with argument at hearing for a declaratory judgment. That this Court has EL§ 16-100.

Jurisdiction vested o summarily determine any question of law or fact arising as to any subject

set forth in this article, which shall be construed liberally.

As To the allegations of constitutional violation by Govenor's Executive Order No.: 30

To the extent that Plaintiff since 1999 has been pursuing the issue of whether or not the State

Constitution as to enumeration of the decennial Census has actual jurisdiction for an accurate

count has now been clearly delegated by Barack Hussein Obama to state action and the Order

express with federal reimbursement and therefore is now in the jurisdiction and authority of this

court to over see and weigh in the matter of compliance with the State constitution especially as

referenced in the Judicial Notice shown as Exhibit H, is a matter intrinsically related to the

ongoing case in Washington and requires that such state constitutional issue a declaratory

judgment that will effect the outcome on the three judge panel request there and pursuant to the

Lincoln- Eisenhower doctrine of comity between the courts is proper and is to be expedited

accordingly.

In conclusion in support of all equity relief requested

That Plaintiff has expended administrative remedies and has no other jurisdiction to obtain relief

especially since the Census matter in New York is within State Court jurisdiction, has not asked

for this relief before and in that there is an alleged threat of irreparable harm with time as the

essence is entitled immediate temporary protective order before hearing for all those listed and

4
6

. .
. .
A
. .pzr
-.

to a fair hearing subject to the relief requested, and that I contend is well within
,.:i-cCthatzarffentitled
i-7- . <#;-
; ;4>.*".,
.. >
....
--
..,..:..
I . '.
the paraineiers of issuance precedents for a TRO until a fair expedited discovery process and

preliminary hearing for an injunction is had as to where such relief would be permanent or lifted

by this Court under its original jurisdiction and that Affirmant based upon the evidence at the

hearing be afforded adequate time to summarize for a declaratory partial summary judgment as

to the matter of State Defendants fiduciary responsibility as to the Presidential Ballot Certificates

with Election Law Article 6. Respectfully submitted by,

Dated: Brooklyn, New York


November 23,2009
Christopher Earl Strunk, in esse plaintiff
593 Vanderbilt Avenue #28 1,
Brooklyn, New York 11238.
(845) 901-6767 E-mail: chris@strunk.ws
$Yi+
.r:SUPREME COURT OF THE STATE OF NEW YORK
ZY-cow.OF-.-
~ G S
----
- -----x-

Christopher Earl Strak, Index No.: 29642 108

Plaintiff,

-against-

David A. Paterson (NYS Governor), Andrew Cuomo


(NYS Attorney General), Thomas P. DiNapoli
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator),
Hakeem Jeffries (NYS Assemblyman for the 57& AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos
(President pro tempore of the NYS Senate) in their
mcial Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does

Defendants.

Affidaqit in support of OSC with TRO


Ex A - Summons with Complaint
-
Ex B Governor Paterson's Press Release for Executive Order No.:30
Ex C - Governor Paterson's Executive Order No.: 30
Ex D - Deniaf of OSC dated November 19,2008
-
Ex E Affidavit for Hawaii affirmed by Nancy Pelosi dated August 28,2008
-
Ex F Affidavit for other States affirmed by Nancy Pelosi dated August 28,2008
Ex G -November 21,2009 FOIL of Certificates for Presidential Candidates on Ballot
-
Ex H Strunk's Judicial Notice to Governor Paterson and Attorney general Cuomo
Memorandum of Law in support of OSC with TRO

Dated: Brooklyn, New York


, November 23,2009
Christopher Earl Strunk, in esse -plaintiff
593 ~ G d e r b i lAvenue
t #28 1,
Brooklyn, New York 11238.
(845) 901-6767 E-mail: chris@stmik.ws