Preview
At an IAS Part 72 for Special Election Part I
of the Supreme Court of the State of New
York, held in and for the County of Kings, at
the Supreme Court 360 Adams
_
Courthouse,
Street, Brooklyn, New York, on the day
of April 2024
P R E S E N T:
HON.
JUSTICE
______----------------------------------------________ _____-----_________Ç
In the Matter of the Application of ORDER TO SHOW CAUSE
TO VALIDATE
SABRINA GATES, DESIGNATING PETITION
Candidate-Petitioner,
- against-
Index No. / 24
TERESA MAYER,
Date Purchased:
Objector-Respondent, April 15, 2024
-and-
BOARD OF ELECTIONS IN THE CITY OF NEW YORK,
Respondents,
for an Order Pursuant to Sections 16-100, 16-102, and 16-116 of
the Election Law, Declaring VALID the Designating Petitions which
designated the Petitioner SABRINA GATES, as Candidate for
Member 52nd
of the Democratic State Committee from the
Assembly District, Borough of Brooklyn, Kings County, New York,
in the Democratic Party Primary Election to be held June 25, 2024,
and to order said BOARD OF ELECTIONS to print and place the
name of said Candidate upon the official ballots of such Primary
Election.
-------____________------------------------------------------------------Ç
15"
Upon the annexed Petition of SABRINA GATES, verified the of April 2024, it is
hereby ordered as follows:
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Let the Respondents herein show cause before this Court at a Special Election Part
I to be held at the Kings County Supreme Court Courthouse, 360 Adams Street, Brooklyn, New
York, Room 761 on Monday, April 22, 2024, at 10:00 a.m. of that day or as soon thereafter as
counsel can be heard, why an order and judgment should not be made and entered herein:
1. Declaring valid, proper, sufficient, and legally effective the designating petition filed in
the office of Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK
designating Petitioner SABRINA GATES, as candidate for the Party Position of
52nd
Member of the Democratic State Committee from the Assembly District, Kings
County, State of New York in the June 25, 2024, Democratic Party Primary Election;
2. Directing, requiring, and commanding Respondent BOARD OF ELECTIONS IN THE
CITY OF NEW YORK to print and place the name of Petitioner as candidate for said
52nd
Party Position on the official ballots used in the said Assembly District at the June
25, 2024, Democratic Party Primary Election;
3. Enjoining and restraining the said BOARD OF ELECTIONS IN THE CITY OF NEW
YORK from printing, issuing, or distributing for use during the said Democratic Party
52nd
Primary Election in the Assembly District any and all official ballots upon which
the name of Petitioner does not appear as candidates for the said Party Position; and
4. Granting Petitioner such other and further relief as to this Court may seem just and
proper in the premises, and it is further
ORDERED, that Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK,
in accordance with Section 3-220(6) of the New York State Election Law and the duly adopted
Rules of the Board of Elections in the City of New York, shall make available at the office of the
Board where such records are maintained in the ordinary course of business during normal
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business hours, the aforesaid designating petition, cover sheet, and any amended cover sheet(s),
identification number application form(s), and any other documents in support of or related to
designation and/or nomination of the Candidate; together with the Objections and Specifications of
Objections to the aforesaid written notification of a determination of non-
relating petition; any
compliance together with proof of service upon the Candidate; any writing purporting to cure or
correct said determination of non-compliance as well as the determination of said Board on any
Specifications of Objections. Any party seeking copies of the aforesaid documents shall, upon
payment of the applicable fee as established by law and/or regulation, receive the same in the
ordinary course of business.
SUFFICIENT CAUSE APPEARING THEREFORE,
LET service of a copy of this Order to Show Cause and the annexed Verified Petition be
made on Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK by leaving a
copy thereof at its general office at 32 Broadway, New York, New York, in the Borough of
Manhattan on or before April , 2024, or by leaving a copy thereof at its Brooklyn borough
office at 345 Adams Street, in the Borough of Brooklyn on or before April , 2024;
And LET service of a copy of this Order to Show Cause and annexed Verified Petition be
made upon each Respondent-Objector by either
(1) ["personal service"] delivering the same to each such Respondent-Objector personally
pursuant to CPLR 308(1) on or before April , 2024; or
(2) ["first-class mail"] enclosing the same in a securely sealed and duly prepaid envelope
addressed to each such Respondent-Objector at the address set forth in his or her objections filed
with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same in a Post
Office regularly maintained by the United States Postal Service in the City of New York, mailing
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same via first-class mail and obtaining a postmarked certificate of mailing, on or before April
, 2024; or
(3) ["Overnight Mail"] enclosing the same in a securely sealed and duly prepaid envelope
addressed to each such Respondent-Objector at the address set forth in his or her objections filed
with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an
Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United
States Postal Service in the City of New York, mailing same via guaranteed overnight, next-day
delivery Express Mail and obtaining a receipt for same, on or before April , 2024; or
(4) ["Overnight Mail and first-class mail"] enclosing the same in two securely sealed and
duly prepaid envelopes addressed to each such Respondent-Objector at the address set forth in his
or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK,
depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly
maintained by the United States Postal Service in the City of New York, mailing one envelope via
guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same and
mailing the other envelope via first-class mail and obtaining a postmarked certificate of mailing,
on or before April , 2024; or
(5) ["affixation and Overnight Mail"] affixing the same to the outer or inner door of the
residence of each such Respondent-Objector at the address set forth in his or her objections filed
with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in a
securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the
address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY
OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post
Office regularly maintained by the United States Postal Service in the City of New York, mailing
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same via guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same,
on or before April , 2024; or
(6) ["substituted service and Overnight Mail"] delivering the same to a person of suitable
age and discretion at the address of each such Respondent-Objector at the address set forth in his
or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and
enclosing the same in a securely sealed and duly prepaid envelope addressed to each such
Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF
ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for
overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in
the City of New York, mailing same via guaranteed overnight, next-day delivery Express Mail
and obtaining a receipt for same, on or before April , 2024; or
(7) ["affixation and first-class mail"] affixing the same to the outer or inner door of the
residence of each such Respondent-Objector at the address set forth in his or her objections filed
with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in a
securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the
address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY
OF NEW YORK, depositing same in a Post Office regularly maintained by the United States
Postal Service in the City of New York, mailing same via first-class mail and obtaining a
postmarked certificate of mailing, on or before April , 2024; or
(8) ["substituted service and first-class mail"] delivering the same to a person of suitable
age and discretion at the address of each such Respondent-Objector at the address set forth in his
or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and
enclosing the same in a securely sealed and duly prepaid envelope addressed to each such
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Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF
ELECTIONS IN THE CITY OF NEW YORK, depositing same in a Post Office regularly
maintained the United States Postal Service in the of New same via first-
by City York, mailing
class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; or
(9) ["affixation, Overnight Mail and first-class mail"] affixing the same to the outer or
inner door of the residence of each such Respondent-Objector at the address set forth in his or her
objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and
enclosing the same in two securely sealed and duly prepaid envelopes addressed to each such
Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF
ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for
overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in
the City of New York, mailing one via guaranteed overnight, next-day delivery Express Mail and
obtaining a receipt for same and mailing the other via first-class mail and obtaining a postmarked
certificate of mailing, on or before April , 2024; or
(10) ["substituted service, Overnight Mail and first-class mail"] delivering the same to a
person of suitable age and discretion at the address of each such Respondent-Objector at the
address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY
OF NEW YORK, and enclosing the same in two securely sealed and duly prepaid envelopes
addressed to each such Respondent-Objector at the address set forth in his or her objections filed
with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an
Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United
States Postal Service in the City of New York, mailing one via guaranteed overnight, next-day
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delivery Express Mail and obtaining a receipt for same and mailing the other via first-class mail
and obtaining a postmarked certificate of mailing, on or before April , 2024;
And that such service shall be deemed due, timely, good, and sufficient service thereof, and such
service shall constitute sufficient notice hereof.
ORDERED, all specifications of
objections, not previously served and filed with
the Board of Elections, shall be served upon the
Petitioner and filed with the Clerk of the Part
on or before the return date herein; failure to
serve and file same shall be deemed a waiver
and further proof shall be preeluded.
ENTER
JUSTICE OF THE SUPREME COURT
OF THE STATE OF NEW YORK
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Preview
At an IAS Part 72 for Special Election Part I of the Supreme Court of the State of New York, held in and for the County of Kings, at the Supreme Court 360 Adams _ Courthouse, Street, Brooklyn, New York, on the day of April 2024 P R E S E N T: HON. JUSTICE ______----------------------------------------________ _____-----_________Ç In the Matter of the Application of ORDER TO SHOW CAUSE TO VALIDATE SABRINA GATES, DESIGNATING PETITION Candidate-Petitioner, - against- Index No. / 24 TERESA MAYER, Date Purchased: Objector-Respondent, April 15, 2024 -and- BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondents, for an Order Pursuant to Sections 16-100, 16-102, and 16-116 of the Election Law, Declaring VALID the Designating Petitions which designated the Petitioner SABRINA GATES, as Candidate for Member 52nd of the Democratic State Committee from the Assembly District, Borough of Brooklyn, Kings County, New York, in the Democratic Party Primary Election to be held June 25, 2024, and to order said BOARD OF ELECTIONS to print and place the name of said Candidate upon the official ballots of such Primary Election. -------____________------------------------------------------------------Ç 15" Upon the annexed Petition of SABRINA GATES, verified the of April 2024, it is hereby ordered as follows: OTSC Validate - 1 Let the Respondents herein show cause before this Court at a Special Election Part I to be held at the Kings County Supreme Court Courthouse, 360 Adams Street, Brooklyn, New York, Room 761 on Monday, April 22, 2024, at 10:00 a.m. of that day or as soon thereafter as counsel can be heard, why an order and judgment should not be made and entered herein: 1. Declaring valid, proper, sufficient, and legally effective the designating petition filed in the office of Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK designating Petitioner SABRINA GATES, as candidate for the Party Position of 52nd Member of the Democratic State Committee from the Assembly District, Kings County, State of New York in the June 25, 2024, Democratic Party Primary Election; 2. Directing, requiring, and commanding Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK to print and place the name of Petitioner as candidate for said 52nd Party Position on the official ballots used in the said Assembly District at the June 25, 2024, Democratic Party Primary Election; 3. Enjoining and restraining the said BOARD OF ELECTIONS IN THE CITY OF NEW YORK from printing, issuing, or distributing for use during the said Democratic Party 52nd Primary Election in the Assembly District any and all official ballots upon which the name of Petitioner does not appear as candidates for the said Party Position; and 4. Granting Petitioner such other and further relief as to this Court may seem just and proper in the premises, and it is further ORDERED, that Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK, in accordance with Section 3-220(6) of the New York State Election Law and the duly adopted Rules of the Board of Elections in the City of New York, shall make available at the office of the Board where such records are maintained in the ordinary course of business during normal OTSC Validate - 2 business hours, the aforesaid designating petition, cover sheet, and any amended cover sheet(s), identification number application form(s), and any other documents in support of or related to designation and/or nomination of the Candidate; together with the Objections and Specifications of Objections to the aforesaid written notification of a determination of non- relating petition; any compliance together with proof of service upon the Candidate; any writing purporting to cure or correct said determination of non-compliance as well as the determination of said Board on any Specifications of Objections. Any party seeking copies of the aforesaid documents shall, upon payment of the applicable fee as established by law and/or regulation, receive the same in the ordinary course of business. SUFFICIENT CAUSE APPEARING THEREFORE, LET service of a copy of this Order to Show Cause and the annexed Verified Petition be made on Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK by leaving a copy thereof at its general office at 32 Broadway, New York, New York, in the Borough of Manhattan on or before April , 2024, or by leaving a copy thereof at its Brooklyn borough office at 345 Adams Street, in the Borough of Brooklyn on or before April , 2024; And LET service of a copy of this Order to Show Cause and annexed Verified Petition be made upon each Respondent-Objector by either (1) ["personal service"] delivering the same to each such Respondent-Objector personally pursuant to CPLR 308(1) on or before April , 2024; or (2) ["first-class mail"] enclosing the same in a securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing OTSC Validate - 3 same via first-class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; or (3) ["Overnight Mail"] enclosing the same in a securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing same via guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same, on or before April , 2024; or (4) ["Overnight Mail and first-class mail"] enclosing the same in two securely sealed and duly prepaid envelopes addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing one envelope via guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same and mailing the other envelope via first-class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; or (5) ["affixation and Overnight Mail"] affixing the same to the outer or inner door of the residence of each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in a securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing OTSC Validate -4 same via guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same, on or before April , 2024; or (6) ["substituted service and Overnight Mail"] delivering the same to a person of suitable age and discretion at the address of each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in a securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing same via guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same, on or before April , 2024; or (7) ["affixation and first-class mail"] affixing the same to the outer or inner door of the residence of each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in a securely sealed and duly prepaid envelope addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing same via first-class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; or (8) ["substituted service and first-class mail"] delivering the same to a person of suitable age and discretion at the address of each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in a securely sealed and duly prepaid envelope addressed to each such OTSC Validate - 5 Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same in a Post Office regularly maintained the United States Postal Service in the of New same via first- by City York, mailing class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; or (9) ["affixation, Overnight Mail and first-class mail"] affixing the same to the outer or inner door of the residence of each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in two securely sealed and duly prepaid envelopes addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing one via guaranteed overnight, next-day delivery Express Mail and obtaining a receipt for same and mailing the other via first-class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; or (10) ["substituted service, Overnight Mail and first-class mail"] delivering the same to a person of suitable age and discretion at the address of each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and enclosing the same in two securely sealed and duly prepaid envelopes addressed to each such Respondent-Objector at the address set forth in his or her objections filed with the BOARD OF ELECTIONS IN THE CITY OF NEW YORK, depositing same with an Overnight Courier for overnight delivery, or in a Post Office regularly maintained by the United States Postal Service in the City of New York, mailing one via guaranteed overnight, next-day OTSC Validate - 6 delivery Express Mail and obtaining a receipt for same and mailing the other via first-class mail and obtaining a postmarked certificate of mailing, on or before April , 2024; And that such service shall be deemed due, timely, good, and sufficient service thereof, and such service shall constitute sufficient notice hereof. ORDERED, all specifications of objections, not previously served and filed with the Board of Elections, shall be served upon the Petitioner and filed with the Clerk of the Part on or before the return date herein; failure to serve and file same shall be deemed a waiver and further proof shall be preeluded. ENTER JUSTICE OF THE SUPREME COURT OF THE STATE OF NEW YORK OTSC Validate - 7