On May 29, 2024 a
Summons
was filed
involving a dispute between
Jeffrey Klein,
and
New York State Commission On Ethics And Lobbying In Government,
for Special Proceedings - CPLR Article 78
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
-------------------------------------------------------------------------X
JEFFREY KLEIN, :
: SUMMONS
Plaintiff-Petitioner, :
: Index No:
-against- :
:
:
NEW YORK STATE COMMISSION ON ETHICS AND :
LOBBYING IN GOVERNMENT, :
:
Defendants-Respondents. :
-------------------------------------------------------------------------X
TO THE ABOVE-NAMED RESPONDENT:
YOU ARE HEREBY SUMMONED and required to serve upon Petitioner’s attorneys an
answer to the Complaint and Verified Article 78 Petition in this action within twenty (20) days
after the service of the summons, exclusive of the day of service (or within thirty (30) days after
the service is complete if this summons is not personally delivered to you within the State of New
York), and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint and Verified Petition pursuant to CPLR Article
78.
PLEASE TAKE NOTICE that upon the annexed verified petition, dated and sworn to on
the 29th day of May, 2024, and the exhibits attached thereto, and upon all the proceedings in the
case to date, petitioner JEFFREY KLEIN will move this court, before a Justice of the Supreme
Court to be assigned, in the Courthouse located at 16 Eagle Street, Albany, New York, at 9:30
A.M. on the 19th day of June, 2024, or as soon thereafter as counsel can be heard, for a judgment,
pursuant to the Civil Practice Law and Rules granting the following relief to the petitioner: (1)
1
1 of 2
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/29/2024
declaratory judgment that any actions taken by the respondent in connection with or pursuant to
its investigatory and enforcement authority are unconstitutional and void; and (2) pursuant to
Article 78 of the CPLR, a writ of prohibition declaring that the Respondent is proceeding or is
about to proceed in excess of jurisdiction by commencing hearings against Petitioner and refusing
to adjourn said hearings despite having been found unconstitutional by a unanimous Appellate
Division ruling.
Dated: White Plains, New York
May 29, 2024
PORTALE RANDAZZO LLP
_/s/ Richard Portale___________
Portale Randazzo LLP
Richard Portale, Esq.
Chad Mair, Esq.
245 Main Street, Suite 605
White Plains, New York 10601
(914) 359-2400
rportale@portalerandazzo.com
SCALISE & HAMILTON PC
Deborah A. Scalise
111 Brook Street, Suite 202
Scarsdale, NY 10583
(914) 725-2801
dscalise@scalisethics.com
Attorneys for Petitioner
To: New York State Commission on Ethics and Lobbying in Government, Respondent
540 Broadway
Albany, New York 12207
2
2 of 2
Document Filed Date
May 29, 2024
Case Filing Date
May 29, 2024
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY -------------------------------------------------------------------------X JEFFREY KLEIN, : : SUMMONS Plaintiff-Petitioner, : : Index No: -against- : : : NEW YORK STATE COMMISSION ON ETHICS AND : LOBBYING IN GOVERNMENT, : : Defendants-Respondents. : -------------------------------------------------------------------------X TO THE ABOVE-NAMED RESPONDENT: YOU ARE HEREBY SUMMONED and required to serve upon Petitioner’s attorneys an answer to the Complaint and Verified Article 78 Petition in this action within twenty (20) days after the service of the summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York), and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint and Verified Petition pursuant to CPLR Article 78. PLEASE TAKE NOTICE that upon the annexed verified petition, dated and sworn to on the 29th day of May, 2024, and the exhibits attached thereto, and upon all the proceedings in the case to date, petitioner JEFFREY KLEIN will move this court, before a Justice of the Supreme Court to be assigned, in the Courthouse located at 16 Eagle Street, Albany, New York, at 9:30 A.M. on the 19th day of June, 2024, or as soon thereafter as counsel can be heard, for a judgment, pursuant to the Civil Practice Law and Rules granting the following relief to the petitioner: (1) 1 1 of 2 FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/29/2024 declaratory judgment that any actions taken by the respondent in connection with or pursuant to its investigatory and enforcement authority are unconstitutional and void; and (2) pursuant to Article 78 of the CPLR, a writ of prohibition declaring that the Respondent is proceeding or is about to proceed in excess of jurisdiction by commencing hearings against Petitioner and refusing to adjourn said hearings despite having been found unconstitutional by a unanimous Appellate Division ruling. Dated: White Plains, New York May 29, 2024 PORTALE RANDAZZO LLP _/s/ Richard Portale___________ Portale Randazzo LLP Richard Portale, Esq. Chad Mair, Esq. 245 Main Street, Suite 605 White Plains, New York 10601 (914) 359-2400 rportale@portalerandazzo.com SCALISE & HAMILTON PC Deborah A. Scalise 111 Brook Street, Suite 202 Scarsdale, NY 10583 (914) 725-2801 dscalise@scalisethics.com Attorneys for Petitioner To: New York State Commission on Ethics and Lobbying in Government, Respondent 540 Broadway Albany, New York 12207 2 2 of 2