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INDEX NO. E159636/2016
(FILED: NIAGARA COUNTY CLERK 1272372016 12:18 PM
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/23/2016
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
COMMITTEE TO ELECT MAZIARZ STATE SENATE
and GEORGE MAZIARZ,
Petitioners,
vs. Index No. E159636/2016
LAUREEN JACOBS,
Respondent,
NEW YORK STATE BOARD OF ELECTIONS,
Necessary party.
ORDER & JUDGMENT
WHEREAS, as set forth in the Verified Amended Petition dated December
9, 2016, and accompanying Affidavit of Timothy McPoland, sworn to September 26,
2016, with exhibits, Petitioners Committee to Elect Maziarz State Senate and George
Maziarz commenced this special proceeding seeking an order compelling Respondent
Laureen Jacobs to file new or supplemental statements with the New York State Board
of Elections to include all of the detail and information required by law within five (5)
days, compelling Respondent to return Committee property and records to the
Committee, and compelling Respondent to explain certain unreported expenditures
alleged to be related to the amendments that are the subject of this proceeding; and
WHEREAS, Respondent having moved to dismiss the Verified Amended
Petition dated December 9, 2016; and
Filed in Niagara County Clerk's Office 12/23/2016 of 3 Index # E159636/2016
NOW, upon reading the Verified Amended Petition, dated December 9,
2016, the Affidavit of Timothy McPoland, sworn to September 26, 2016, with exhibits,
the Notice of Motion to Dismiss, dated December 15, 2016, the Affirmation of Terrence
M. Connors in Support of Motion to Dismiss, dated December 15, 2016, the Affidavit of
Kevin A. Szanyi dated December 19, 2016, with exhibits, and the Affidavit of Timothy
McPoland, sworn to December 19, 2016, with exhibits, and all parties having had an
opportunity to be heard, and due deliberation having been had, it is hereby:
ORDERED, that Respondent's motion to dismiss is denied; and it is
further
ORDERED, JUDGED, AND DECREED, that Petitioners’ First Claim for
Relief as set forth in the Verified Amended Petition dated December 9, 2016, is granted
and Respondent is hereby ordered to file new or supplemental statements with the New
York State Board of Elections that shall make the following amended statements true
and complete under New York State Election Law § 14-102(1) within thirty (30) days of
notice of entry of this Order:
a) The 2010 27 Day Post General Report as amended on or about May
24, 2016, regarding “unitemized” expenditure of $39,070.42;
b) The January 2012 Periodic Report as amended on or about May 24,
2016, regarding “unitemized” expenditure of $95,779.81; and
c) The July 2013 Periodic Report as amended on or about July 13, 2016,
regarding “unitemized” expenditure of $16,520.01;
and it is further
2 of 3
ORDERED, JUDGED, AND DECREED, that the new or supplemental
statements Respondent is hereby ordered to file shall conform to the requirements of
New York State Election Law § 14-102(1)
ORDERED, JUDGED, AND DECREED, that Petitioners’ Second Request
for Relief for an Order directing and compelling Respondent Jacobs to provide a full and
complete explanation for the $209,428.79 in unreported expenses, Third Request for
Relief for an Order directing and compelling Respondent Jacobs to turn over all records
and property of the Committee to the new treasurer within five (5) days after notice of
the order, and Fourth Request for costs, disbursements, and attorney's fees incurred in
litigating this action as set forth in the Verified Amended Petition dated December 9
2016, are hereby denied in their entirety.
The Clerk of the Court is directed to enter this Judgment and close the
case.
ENTERED: December 3 2016
Wo
YS
Hon. Mark A. Montour, J.S.C
GRANTED
i
C 232016
TA J. HALL
SUPREME COURT CLERK
3 of 3
Preview
INDEX NO. E159636/2016 (FILED: NIAGARA COUNTY CLERK 1272372016 12:18 PM NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/23/2016 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA COMMITTEE TO ELECT MAZIARZ STATE SENATE and GEORGE MAZIARZ, Petitioners, vs. Index No. E159636/2016 LAUREEN JACOBS, Respondent, NEW YORK STATE BOARD OF ELECTIONS, Necessary party. ORDER & JUDGMENT WHEREAS, as set forth in the Verified Amended Petition dated December 9, 2016, and accompanying Affidavit of Timothy McPoland, sworn to September 26, 2016, with exhibits, Petitioners Committee to Elect Maziarz State Senate and George Maziarz commenced this special proceeding seeking an order compelling Respondent Laureen Jacobs to file new or supplemental statements with the New York State Board of Elections to include all of the detail and information required by law within five (5) days, compelling Respondent to return Committee property and records to the Committee, and compelling Respondent to explain certain unreported expenditures alleged to be related to the amendments that are the subject of this proceeding; and WHEREAS, Respondent having moved to dismiss the Verified Amended Petition dated December 9, 2016; and Filed in Niagara County Clerk's Office 12/23/2016 of 3 Index # E159636/2016 NOW, upon reading the Verified Amended Petition, dated December 9, 2016, the Affidavit of Timothy McPoland, sworn to September 26, 2016, with exhibits, the Notice of Motion to Dismiss, dated December 15, 2016, the Affirmation of Terrence M. Connors in Support of Motion to Dismiss, dated December 15, 2016, the Affidavit of Kevin A. Szanyi dated December 19, 2016, with exhibits, and the Affidavit of Timothy McPoland, sworn to December 19, 2016, with exhibits, and all parties having had an opportunity to be heard, and due deliberation having been had, it is hereby: ORDERED, that Respondent's motion to dismiss is denied; and it is further ORDERED, JUDGED, AND DECREED, that Petitioners’ First Claim for Relief as set forth in the Verified Amended Petition dated December 9, 2016, is granted and Respondent is hereby ordered to file new or supplemental statements with the New York State Board of Elections that shall make the following amended statements true and complete under New York State Election Law § 14-102(1) within thirty (30) days of notice of entry of this Order: a) The 2010 27 Day Post General Report as amended on or about May 24, 2016, regarding “unitemized” expenditure of $39,070.42; b) The January 2012 Periodic Report as amended on or about May 24, 2016, regarding “unitemized” expenditure of $95,779.81; and c) The July 2013 Periodic Report as amended on or about July 13, 2016, regarding “unitemized” expenditure of $16,520.01; and it is further 2 of 3 ORDERED, JUDGED, AND DECREED, that the new or supplemental statements Respondent is hereby ordered to file shall conform to the requirements of New York State Election Law § 14-102(1) ORDERED, JUDGED, AND DECREED, that Petitioners’ Second Request for Relief for an Order directing and compelling Respondent Jacobs to provide a full and complete explanation for the $209,428.79 in unreported expenses, Third Request for Relief for an Order directing and compelling Respondent Jacobs to turn over all records and property of the Committee to the new treasurer within five (5) days after notice of the order, and Fourth Request for costs, disbursements, and attorney's fees incurred in litigating this action as set forth in the Verified Amended Petition dated December 9 2016, are hereby denied in their entirety. The Clerk of the Court is directed to enter this Judgment and close the case. ENTERED: December 3 2016 Wo YS Hon. Mark A. Montour, J.S.C GRANTED i C 232016 TA J. HALL SUPREME COURT CLERK 3 of 3