Preview
FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022
At a-TPS Dart of the Supreme Court of the State of
New Yorl held in and for the County of Kings t 360
Adams StreetNew York, NY 1I201. on thelday of April
2022.
PRESENT
PA Svum -2.s c.
----.........---__ _ .x
MARK HANNA
Aggrieved Candidate-Petitioner,
-arid- ORDERTO SHOW CAUSE
JOANNE SEMINARA Index # SÙ 21
Aggrieved Candidate-Petitionet,
-against-
RALPH PERFETTO
Respondent-Candidate
-and-
SABRINA REZZY
Respondent-Candidate
-and-
BOúRD OF ELECTIONS IN¾HE CTfY OF.NEW YORK
Respondent
Upon the reading arid.filingof the.emergency affirmation of DONNA VLAHAKIS, ESQ,
dated April 20, 2022 and the afinexed Verified Petition ofMARK HANNA and JOANNE
SEMlNARA.duly verified on April 20, 2022 upon the designating petition purporting to designate
Respondent-Candidates Ralph Perfetto ("Respondent-Candidate'X ascandidate ofthe Democratic
Party for the party position of Male Mernber ofthe Demodratic State.Committee from the 64th
Assenibly District,in.Kings County and Sabrina Rezzy, as candidate of the Democmtic Party for the
party.position of Female Member of the DemocraticÈtate Committee footrithe 64th Assembly
Districtin Kings County; and upon allof the papers and proceglings herein,.It-ishereby:
ORDERED, that the Respondents named.hereinabove show cause before this ure tit.a
Te rart to be held.at the Courthouse located at 360 Adams Street on the 25 day of
A .2022 at9voTthat day, or as soon thereafter as counsel can be heard, why an Order
ld not be made and entered herein
1
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FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022
1. Declaring insufficient, defective, invalid, null and vold the designating petition
heretofore filed with Respondent Board. of Elections purporting to designate
Respondent-Candidates as candidates for the party positions of Male and Female
Members of the Democratic State Committee from.the 64th Assembly District of
New York State, in the Primary Election to beheld on the 2Èth day of June, 2022.
2. Directing; requiiing and commanding Respondent Board of Elections not to place
and/or print the name of all Respondent-Canslidates as candidates for the party
positions of Mals and Female Members.of the Democratic State Committee from
the 64th Assembly District of New York. State in the Primary Elmeliotr to be held
on the 28th day of June, 2622.
3. Declaring the designating petition filed with Respondent Board of Elections
purporting to designate Respondent-Candidates aforesaid. as candidates of the
Democratic Party for.the party positions of .Male and .Female Members of the
Dernocratic State Committee from the 64tli Ass.embly District of New York State
un the officialballots to be used at the Primary Election to be held on the 28th day
of'
of Jun6; 2022 to be a legal nullity, and reversing any contrary determination
Respondent Board of Elections that mãy hee been inade or rnay hereinafter be
niade; and
4. Oranting Petitioners such 0.ther and .further relief as this Court deems just and
proper; and itis further
QRDERED, that Respondent3oard,of Elections, in accordance with Section3-220(6) of
the New xork State Election Law and the duly adopted Rules of the Board of Elections in the
City of Ne.w York3 shall make available at the office .of the Board where such records .are
maintained in the ordinary .course of business during normal business hours, the aforesaid
designating. petition, cover sheet, and any amended cover sheet(s), identification number
Alsplication forms, and any other documents in support of or related to the designation of the
Respendent-Candidate; together with Objections and Speci$cations of Objections relating to the
aforesaid jietition; any writterì notification of a detenñitiatiõn. of non-compliance together with
proof of service upon the Respondent-Candidate; and writing purporting to cure or correct said
.2
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FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022
determination of non-compliance as well as .the determination of said Board on any
Specincations of.Objections, Any party seding copies of the aforesaid documents hall, upon
pay2nent of the applicable fee as established by law and/or regulation, receive the same in the
ordinary course of business..
SUFFICIENT .CAUSE APPEARING THEREFOR, leave is hereby granted to the
Petitioners to submit, upon the return date of thisorder to Show Cause, end-eny-edjeemawéfs
hassefr and the argument thereof, such additional evidence, exhibits, and other proof as may be
necessary, including without. .lintitation,such proof as may be necessary to support any
allegations of can idäte ineligibility,fraud, forgery or other.illegality that may be niade and that
do not appear on the face ofthe docuinetits [ubmitted to Respondent-Board of Elections.
SUFFICIENT CACSE APPEARING THEREFOR, it is fùrther ORDERED that
service of.a copy of this order togethgr with the papers upon which it isgranted be made uppn
respondent Board of Elections in the City of.New Vork by personal. delivery at their qffices
located at 32 Broadway, 7th Floor New Ýork, NY 10004 on or before April 21, 2022 AND
It.isfurther ORDERED that service of a copy of this order together with the papers ùpon
which itis granted he made upon allRespondent-Candidates byf
Afffxing the same to the outeror inner door of the residence of each
such Respondent.-tandidate at the àddress.set forth in hisor.her
.designating pe.titionfiled with the Board of Elections inthe.City of blew
York (the Board), and enclosing the same iria dulyprepaid envelope
addressed to each such.Respondent cañdidate at the address set forth
in hisor her designating petitiortfiledwith the Board.and same
sending
via guaranteed overnight Express.Mail and obtaining a receipt for same,
on Apr.ll21't
2022.
OR
Deliverin(the same to each such Respondent-Canslidate personally
pursuant to CPLR 308 (1)on April;21",2022.
ORDERED, that any requirenient that the affidavits of service be filed with the Clerk of
the Court be extended to the etum date of this moti.on, and such affidavits shall be filed with the
3.
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FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022
Clerk of the Part on the return date, and that any requitenient that substituted senrice be preceded
by due diligence atteinpt(s) at personal delivery upon Respondent-Candidate be and is hereby
waived, and that the ten day completion of service provision be and.is hereby waived by this
Order..
ENTER:
. .
HON. PETER P. SWEENEY, J C,
PETER PAJL 9
MW.
4
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Preview
FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022 At a-TPS Dart of the Supreme Court of the State of New Yorl held in and for the County of Kings t 360 Adams StreetNew York, NY 1I201. on thelday of April 2022. PRESENT PA Svum -2.s c. ----.........---__ _ .x MARK HANNA Aggrieved Candidate-Petitioner, -arid- ORDERTO SHOW CAUSE JOANNE SEMINARA Index # SÙ 21 Aggrieved Candidate-Petitionet, -against- RALPH PERFETTO Respondent-Candidate -and- SABRINA REZZY Respondent-Candidate -and- BOúRD OF ELECTIONS IN¾HE CTfY OF.NEW YORK Respondent Upon the reading arid.filingof the.emergency affirmation of DONNA VLAHAKIS, ESQ, dated April 20, 2022 and the afinexed Verified Petition ofMARK HANNA and JOANNE SEMlNARA.duly verified on April 20, 2022 upon the designating petition purporting to designate Respondent-Candidates Ralph Perfetto ("Respondent-Candidate'X ascandidate ofthe Democratic Party for the party position of Male Mernber ofthe Demodratic State.Committee from the 64th Assenibly District,in.Kings County and Sabrina Rezzy, as candidate of the Democmtic Party for the party.position of Female Member of the DemocraticÈtate Committee footrithe 64th Assembly Districtin Kings County; and upon allof the papers and proceglings herein,.It-ishereby: ORDERED, that the Respondents named.hereinabove show cause before this ure tit.a Te rart to be held.at the Courthouse located at 360 Adams Street on the 25 day of A .2022 at9voTthat day, or as soon thereafter as counsel can be heard, why an Order ld not be made and entered herein 1 1 of 4 FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022 1. Declaring insufficient, defective, invalid, null and vold the designating petition heretofore filed with Respondent Board. of Elections purporting to designate Respondent-Candidates as candidates for the party positions of Male and Female Members of the Democratic State Committee from.the 64th Assembly District of New York State, in the Primary Election to beheld on the 2Èth day of June, 2022. 2. Directing; requiiing and commanding Respondent Board of Elections not to place and/or print the name of all Respondent-Canslidates as candidates for the party positions of Mals and Female Members.of the Democratic State Committee from the 64th Assembly District of New York. State in the Primary Elmeliotr to be held on the 28th day of June, 2622. 3. Declaring the designating petition filed with Respondent Board of Elections purporting to designate Respondent-Candidates aforesaid. as candidates of the Democratic Party for.the party positions of .Male and .Female Members of the Dernocratic State Committee from the 64tli Ass.embly District of New York State un the officialballots to be used at the Primary Election to be held on the 28th day of' of Jun6; 2022 to be a legal nullity, and reversing any contrary determination Respondent Board of Elections that mãy hee been inade or rnay hereinafter be niade; and 4. Oranting Petitioners such 0.ther and .further relief as this Court deems just and proper; and itis further QRDERED, that Respondent3oard,of Elections, in accordance with Section3-220(6) of the New xork State Election Law and the duly adopted Rules of the Board of Elections in the City of Ne.w York3 shall make available at the office .of the Board where such records .are maintained in the ordinary .course of business during normal business hours, the aforesaid designating. petition, cover sheet, and any amended cover sheet(s), identification number Alsplication forms, and any other documents in support of or related to the designation of the Respendent-Candidate; together with Objections and Speci$cations of Objections relating to the aforesaid jietition; any writterì notification of a detenñitiatiõn. of non-compliance together with proof of service upon the Respondent-Candidate; and writing purporting to cure or correct said .2 2 of 4 FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022 determination of non-compliance as well as .the determination of said Board on any Specincations of.Objections, Any party seding copies of the aforesaid documents hall, upon pay2nent of the applicable fee as established by law and/or regulation, receive the same in the ordinary course of business.. SUFFICIENT .CAUSE APPEARING THEREFOR, leave is hereby granted to the Petitioners to submit, upon the return date of thisorder to Show Cause, end-eny-edjeemawéfs hassefr and the argument thereof, such additional evidence, exhibits, and other proof as may be necessary, including without. .lintitation,such proof as may be necessary to support any allegations of can idäte ineligibility,fraud, forgery or other.illegality that may be niade and that do not appear on the face ofthe docuinetits [ubmitted to Respondent-Board of Elections. SUFFICIENT CACSE APPEARING THEREFOR, it is fùrther ORDERED that service of.a copy of this order togethgr with the papers upon which it isgranted be made uppn respondent Board of Elections in the City of.New Vork by personal. delivery at their qffices located at 32 Broadway, 7th Floor New Ýork, NY 10004 on or before April 21, 2022 AND It.isfurther ORDERED that service of a copy of this order together with the papers ùpon which itis granted he made upon allRespondent-Candidates byf Afffxing the same to the outeror inner door of the residence of each such Respondent.-tandidate at the àddress.set forth in hisor.her .designating pe.titionfiled with the Board of Elections inthe.City of blew York (the Board), and enclosing the same iria dulyprepaid envelope addressed to each such.Respondent cañdidate at the address set forth in hisor her designating petitiortfiledwith the Board.and same sending via guaranteed overnight Express.Mail and obtaining a receipt for same, on Apr.ll21't 2022. OR Deliverin(the same to each such Respondent-Canslidate personally pursuant to CPLR 308 (1)on April;21",2022. ORDERED, that any requirenient that the affidavits of service be filed with the Clerk of the Court be extended to the etum date of this moti.on, and such affidavits shall be filed with the 3. 3 of 4 FILED: KINGS COUNTY CLERK 04/21/2022 10:29 AM INDEX NO. 511501/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/21/2022 Clerk of the Part on the return date, and that any requitenient that substituted senrice be preceded by due diligence atteinpt(s) at personal delivery upon Respondent-Candidate be and is hereby waived, and that the ten day completion of service provision be and.is hereby waived by this Order.. ENTER: . . HON. PETER P. SWEENEY, J C, PETER PAJL 9 MW. 4 4 of 4