On May 29, 2024 a
Exhibit,Appendix
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.
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FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024
EXHIBIT K
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024
STATEOFNEW YORK
COMMISSIONONETHICS ANDLOBBYINGIN GOVERNMENT
IN THEMATTEROFANINVESTIGATION OF
FORMER
SENATORJEFFREYH. KLEIN
PROCEDURAL
ORDERNO. 1
Respondent. COELIG No. 18-015
1. I held a preliminary conference on December 11, 2023, at
which, after consultation with
the Parties, I set the dates for the
hearing in this matter for April 8-12, 2024. The Parties
then agreed upon deadlines for procedural steps
leading to the hearing, which deadlines I
am(with some minor modifications), incorporating into this Order.
2. The Parties are free to agree on extensions of the dates set forth
below (with notice to me)
as long as the extensions do not alter the dates of
the final prehearing conference or the
hearing. If an extension is not agreed
to, the party seeking the extension should make an
application for the extension at least three business days before
the deadline to be extended.
In accordance with Section
941.8(a) of the Commission Rules Governing the Conduct of
Adjudicatory Proceedings (19 NYCRRPart 941) (the "Rules), the hearing will be
adjourned only for good cause shown.
3. Where the schedule calls for submission of disputes to me, the Parties should each file
letter briefs stating their position on the issue on that date.
Procedural Timetable
1. Requests for production March 20241
15,
2. Responses to requests for production March 22, 2024
(including
production of documents to which no objection is
made)
I
The Parties proposed March 22, 2024 for both the requests for
production and the responses. I have advanced the
date for the requests to allow time for the
receiving party to consider the requests before responding. Both the
requests and the responses should be exchanged between the Parties
and not submitted to me at that time.
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024
3. Identificationof witnesses, provision of evidence, March 22, 2024
notice of defenses and
supporting evidence, and
provision of any other papers, statements, proofs
and evidence, as set forth in Section
941.9(a)-(b)
of the Rules2
4. Identification of any unavailable witnesses and March 22, 2024
submission of a joint proposal on, or of any
disputes over, how to address this issue
5. Requests for hearing subpoenas to be submitted March 22, 2024
to me
6. Submission to meof
any agreement on, or of any March 22, 2024
disputes over, a requested reallocation of hearing
dates as between Albany and NewYork
7. Responses to requests for hearing subpoenas, if March 28, 2024
not agreed
8. Provisionof any additional evidence arising out March 28, 20243
of documents produced from the other side
9. After meeting and conferring, any disputes over March 28, 2024
the scope of production to be submitted to mefor
decision
10. Final prehearing conference April 1, 2024, 11 am (by
Zoom)
11. Hearing days in Albany April 8-9, 2024
12. Hearing days in NewYork City April 10, 11 and 12, 2024
(April 12 to conclude by
1:30 pm)
13. Proposed findings of fact and conclusions of law TBD
14. Final oral arguments of counsel, if needed TBD
2
The Parties'agreement called for production of materials called for
by Section 941.9(c) by this date, but that
Section envisions later production of other papers,
statements, proofs, and evidence at a date to be designated
I intend to provide a date for production of such by me.
materials as the issue arises (e.g., if I order production of additional
materials in response to disputed requests for production).
3
The Parties did not include this date in their agreement, but it seemspossible that
new evidence may emerge from
the documents produced.
-2-
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024
December 22, 2023
Joseph E. Neuhaus
Hearing Officer
-3-
Document Filed Date
May 29, 2024
Case Filing Date
May 29, 2024
Category
Special Proceedings - CPLR Article 78
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FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024 EXHIBIT K FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024 STATEOFNEW YORK COMMISSIONONETHICS ANDLOBBYINGIN GOVERNMENT IN THEMATTEROFANINVESTIGATION OF FORMER SENATORJEFFREYH. KLEIN PROCEDURAL ORDERNO. 1 Respondent. COELIG No. 18-015 1. I held a preliminary conference on December 11, 2023, at which, after consultation with the Parties, I set the dates for the hearing in this matter for April 8-12, 2024. The Parties then agreed upon deadlines for procedural steps leading to the hearing, which deadlines I am(with some minor modifications), incorporating into this Order. 2. The Parties are free to agree on extensions of the dates set forth below (with notice to me) as long as the extensions do not alter the dates of the final prehearing conference or the hearing. If an extension is not agreed to, the party seeking the extension should make an application for the extension at least three business days before the deadline to be extended. In accordance with Section 941.8(a) of the Commission Rules Governing the Conduct of Adjudicatory Proceedings (19 NYCRRPart 941) (the "Rules), the hearing will be adjourned only for good cause shown. 3. Where the schedule calls for submission of disputes to me, the Parties should each file letter briefs stating their position on the issue on that date. Procedural Timetable 1. Requests for production March 20241 15, 2. Responses to requests for production March 22, 2024 (including production of documents to which no objection is made) I The Parties proposed March 22, 2024 for both the requests for production and the responses. I have advanced the date for the requests to allow time for the receiving party to consider the requests before responding. Both the requests and the responses should be exchanged between the Parties and not submitted to me at that time. FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024 3. Identificationof witnesses, provision of evidence, March 22, 2024 notice of defenses and supporting evidence, and provision of any other papers, statements, proofs and evidence, as set forth in Section 941.9(a)-(b) of the Rules2 4. Identification of any unavailable witnesses and March 22, 2024 submission of a joint proposal on, or of any disputes over, how to address this issue 5. Requests for hearing subpoenas to be submitted March 22, 2024 to me 6. Submission to meof any agreement on, or of any March 22, 2024 disputes over, a requested reallocation of hearing dates as between Albany and NewYork 7. Responses to requests for hearing subpoenas, if March 28, 2024 not agreed 8. Provisionof any additional evidence arising out March 28, 20243 of documents produced from the other side 9. After meeting and conferring, any disputes over March 28, 2024 the scope of production to be submitted to mefor decision 10. Final prehearing conference April 1, 2024, 11 am (by Zoom) 11. Hearing days in Albany April 8-9, 2024 12. Hearing days in NewYork City April 10, 11 and 12, 2024 (April 12 to conclude by 1:30 pm) 13. Proposed findings of fact and conclusions of law TBD 14. Final oral arguments of counsel, if needed TBD 2 The Parties'agreement called for production of materials called for by Section 941.9(c) by this date, but that Section envisions later production of other papers, statements, proofs, and evidence at a date to be designated I intend to provide a date for production of such by me. materials as the issue arises (e.g., if I order production of additional materials in response to disputed requests for production). 3 The Parties did not include this date in their agreement, but it seemspossible that new evidence may emerge from the documents produced. -2- FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/29/2024 December 22, 2023 Joseph E. Neuhaus Hearing Officer -3-