Preview
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021
At Emergency Part of the
Supreme Court of the State
of New York, held in and for
the County of Queens, at the
Courthouse at 88-11 Sutphin
Boulevard, Jamaica, New York
11435 on the day of
July, 2021
HON.: , J.S.C.
------------------------- ¬----------------------------------X
In the Matter of INDEX NO.:
LYNN C. SCHULMAN
Petitioner-Candidate Aggrieved,
ORDER TO SHOW CAUSE
-against-
DAVID ARONOV, EDWIN K. WONG, DONGHUI ZANG,
ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO,
AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK,
Respondent-Candidates,
-and-
THE BOARD OF ELECTIONS IN THE CITY OF
NEW YORK,
Respondent.
X
Upon reading and filing of the annexed Verified Petition of LYNN C. SCHULMAN.,
duly verified the 1st day of July 2021; upon all the ballots cast in and for the Primary Election
for the Public Office of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT in
22nd
and for the County of Queens, State of New York, held on the day of June, 2021 (the
"Election"); upon the original files relating thereto of the Board of Elections of the City of New
York (the "Board of Elections'); upon the Absentee, Affidavit, Special and Military Ballots cast
or endeavored to be cast in and for said Election; and upon allof the papers and proceedings
heretofore had herein, itis hereby
ORDERED, that Respondent-Candidates DAVID ARONOV, EDWIN K. WONG,
DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI
1
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021
CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK and Respondent THE BOARD
OF ELECTIONS IN THE CITY OF NEW YORK, show cause before this Court at Special
Election Part_ via Microsoft Teams to be held at the Courthouse located at 88-11 Sutphin
Blvd., Jamaica on the _ day of July, 2021 at 10:00 o'clock in the forenoon thereof or as soon
thereafter as counsel can be heard, why an Order should not be made and entered herein pursuant
to Sections 16-100, 16-106, 16-112, and 16-113 of the New York State Election Law:
1. Determining the validity of all ballots cast for the said Primary Election for Public
Office of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT in
and for the County of Queens held on June 22nd, 2021, whether on the voting
machines on that date, or on the voting machines or otherwise during early voting,
and all absentee, affidavit, special, federal, military, and emergency ballots;
2. Determining the accurate tally under the recanvass of the votes cast on the voting
machines, special ballot marking devices, and/or ballot scanners for said office in said
primary election, and ordering the Board to adjust and correct itstally to reflect the
accurate tally;
3. Ordering that pursuant to § 16-112 of the Election Law, Respondent Board of
Elections shall preserve for judicial review in accordance with the procedures set
forth in King v. Smith, 308 A.D.3d 556 (2d Dept. 2003) absentee, affidavit, special,
federal, military, and emergency ballots which are counted over any objection by any
candidate or his representative;
4. Ordering that allabsentee, affidavit, special, federal, military, and emergency ballots
cast in said Primary Election for the Public Office of Member of MEMBER OF THE
CITY COUNCIL - 29TH COUNCIL DISTRICT in and for the of
County Queens,
2
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021
State of New York, be recanvassed by hand and representatives of allparties having
the right to be present and interpose challenges;
5. Ordering the Board of Elections to comply with Election Law § 9-209(3);
6. Declaring Petitioner LYNN C. SCHULMAN the duly nominated candidate of the
Democratic for the Public Office of MEMBER OF THE CITY COUNCIL -
Party
29TH COUNCIL DISTRICT in and for the County of Queens, State of New York by
virtue of having received the greatest number of valid votes cast in the Primary
Election for Public Office of MEMBER OF THE CITY COUNCIL - 29TH
COUNCIL DISTRICT in and for the County of Queens, State of New York held on
June 22nd, 2021, during the early voting, and by absentee, affidavit, special, military,
and emergency ballots, and directing the Board to certify Petitioner as such nominee;
and
7. Directing the holding of a new Primary Election upon a finding that there has been
such fraud and/or irregularity as to render impossible a determination as to who was
rightfully nominated as the Democratic Party nominee for the Public Office of
MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT at said Primary
Election
8. For such other and further relief as this Court deems just and proper.
SUFFICENT CAUSE APPEARING THEREFORE, itis further;
ORDERED forthwith, that Pursuant to §16-112 of the Election Law, Respondent Board
of Elections shall preserve for judicial review in accordance with the procedures set forth in King
v. Smith, 308 A.D. 2d 556 (2d Dep't 2003), absentee, affidavit, special, federal, and military
ballots which are counted over any objection by any candidate or her or his representative; and it
is further
3
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021
ORDERED, that service of a copy of this Order to Show Cause, together with a copy of
the papers upon which itis granted, on the Respondent BOARD OF ELECTIONS IN THE CITY
OF NEW YORK, be made by leaving a copy thereof at the general office (headquarters) of the
said BOARD OF ELECTIONS at 32 Broadway, in the Borough of Manhattan, City of New
York on or before the 2nd day of July, 2021 or by delivering a copy via electronic mail to:
ServicesNYCBOE2021@boe.nyc; and that service of a copy of this Order together with the
papers upon which itis granted be made on the other Respondents either:
(a) Upon Respondents DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG,
ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN,
ALEDA F. GAGARIN, SHERYL ANN FETIK on or before July 2nd, 2021 by
delivering to and leaving with said Respondents DAVID ARONOV, EDWIN K.
WONG,DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J.
SHAPIRO, AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK
personally a true copy of this Order and of the annexed papers, or
(b) by depositing, on or before July 2, 2021 in a branch Post Office or post-office
box, regularly maintained by the United States Government in the City of New
York a true copy of this Order and of the annexed papers securely enclosed in a
duly postpaid wrapper addressed to said Respondents DAVID ARONOV,
EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION LABAYEN,
DOUGLAS J. SHAPIRO, AVI CYPERSTE1N, ALEDA F. GAGARIN,
SHERYL ANN FETIK at the residence addresses set forth in said Designating
petitions and/or cover sheets by ordinary mail or by Overnight Mail delivery by
either U. S. Postal Express mail or Federal Express Overnight delivery or U.P.S.
Express Overnight delivery on or before July 2, 2021, or
(c) by delivering the same to a person of suitable age and discretion at the residence
of such respondent set forth in such designating petition and/or cover sheet and by
enclosing the same in a securely sealed and duly postpaid wrapper addressed to
Respondents DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG,
ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN,
ALEDA F. GAGARIN, SHERYL ANN FETIK at the address set forth in the
designating petition and/or cover sheet filed with the Board of Elections and by
depositing the same in a Post Office branch or official depository under the
exclusive care and custody of the United States Postal Service in the City of New
York by ordinary mail on or before July 2, 2021 or by Overnight Mail delivery by
either U. S. Postal Express Mail or Federal Express Overnight delivery or U.P.S.
Express Overnight delivery on or before July 2, 2021 or
4
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021
(d) by affixing the same to the door of the residence of Respondent DAVID
ARONOV, EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION
LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN, ALEDA F.
GAGARIN, SHERYL ANN FETIK set forth in such designating petition and/or
cover sheet and by enclosing the same in a securely sealed and duly postpaid
wrapper addressed to respondent at the address set forth in the designating
petition and/or cover sheet filed with the Board of Elections and by depositing the
same in a Post Office branch or official depository under the exclusive care and
custody of the United States Postal Service in the City of New York by ordinary
mail on or before July 2, 2021 or by overnight Mail delivery by either U. S. Postal
Express mail or Federal Express Overnight delivery or UPS Express Overnight
Delivery on or before July 2, 2021.
And that any such method of service set forth shall be deemed good and sufficient
service thereof.
E N T E R:
J.S.C.
5
Preview
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021 At Emergency Part of the Supreme Court of the State of New York, held in and for the County of Queens, at the Courthouse at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on the day of July, 2021 HON.: , J.S.C. ------------------------- ¬----------------------------------X In the Matter of INDEX NO.: LYNN C. SCHULMAN Petitioner-Candidate Aggrieved, ORDER TO SHOW CAUSE -against- DAVID ARONOV, EDWIN K. WONG, DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK, Respondent-Candidates, -and- THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondent. X Upon reading and filing of the annexed Verified Petition of LYNN C. SCHULMAN., duly verified the 1st day of July 2021; upon all the ballots cast in and for the Primary Election for the Public Office of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT in 22nd and for the County of Queens, State of New York, held on the day of June, 2021 (the "Election"); upon the original files relating thereto of the Board of Elections of the City of New York (the "Board of Elections'); upon the Absentee, Affidavit, Special and Military Ballots cast or endeavored to be cast in and for said Election; and upon allof the papers and proceedings heretofore had herein, itis hereby ORDERED, that Respondent-Candidates DAVID ARONOV, EDWIN K. WONG, DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI 1 FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021 CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK and Respondent THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, show cause before this Court at Special Election Part_ via Microsoft Teams to be held at the Courthouse located at 88-11 Sutphin Blvd., Jamaica on the _ day of July, 2021 at 10:00 o'clock in the forenoon thereof or as soon thereafter as counsel can be heard, why an Order should not be made and entered herein pursuant to Sections 16-100, 16-106, 16-112, and 16-113 of the New York State Election Law: 1. Determining the validity of all ballots cast for the said Primary Election for Public Office of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT in and for the County of Queens held on June 22nd, 2021, whether on the voting machines on that date, or on the voting machines or otherwise during early voting, and all absentee, affidavit, special, federal, military, and emergency ballots; 2. Determining the accurate tally under the recanvass of the votes cast on the voting machines, special ballot marking devices, and/or ballot scanners for said office in said primary election, and ordering the Board to adjust and correct itstally to reflect the accurate tally; 3. Ordering that pursuant to § 16-112 of the Election Law, Respondent Board of Elections shall preserve for judicial review in accordance with the procedures set forth in King v. Smith, 308 A.D.3d 556 (2d Dept. 2003) absentee, affidavit, special, federal, military, and emergency ballots which are counted over any objection by any candidate or his representative; 4. Ordering that allabsentee, affidavit, special, federal, military, and emergency ballots cast in said Primary Election for the Public Office of Member of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT in and for the of County Queens, 2 FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021 State of New York, be recanvassed by hand and representatives of allparties having the right to be present and interpose challenges; 5. Ordering the Board of Elections to comply with Election Law § 9-209(3); 6. Declaring Petitioner LYNN C. SCHULMAN the duly nominated candidate of the Democratic for the Public Office of MEMBER OF THE CITY COUNCIL - Party 29TH COUNCIL DISTRICT in and for the County of Queens, State of New York by virtue of having received the greatest number of valid votes cast in the Primary Election for Public Office of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT in and for the County of Queens, State of New York held on June 22nd, 2021, during the early voting, and by absentee, affidavit, special, military, and emergency ballots, and directing the Board to certify Petitioner as such nominee; and 7. Directing the holding of a new Primary Election upon a finding that there has been such fraud and/or irregularity as to render impossible a determination as to who was rightfully nominated as the Democratic Party nominee for the Public Office of MEMBER OF THE CITY COUNCIL - 29TH COUNCIL DISTRICT at said Primary Election 8. For such other and further relief as this Court deems just and proper. SUFFICENT CAUSE APPEARING THEREFORE, itis further; ORDERED forthwith, that Pursuant to §16-112 of the Election Law, Respondent Board of Elections shall preserve for judicial review in accordance with the procedures set forth in King v. Smith, 308 A.D. 2d 556 (2d Dep't 2003), absentee, affidavit, special, federal, and military ballots which are counted over any objection by any candidate or her or his representative; and it is further 3 FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021 ORDERED, that service of a copy of this Order to Show Cause, together with a copy of the papers upon which itis granted, on the Respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK, be made by leaving a copy thereof at the general office (headquarters) of the said BOARD OF ELECTIONS at 32 Broadway, in the Borough of Manhattan, City of New York on or before the 2nd day of July, 2021 or by delivering a copy via electronic mail to: ServicesNYCBOE2021@boe.nyc; and that service of a copy of this Order together with the papers upon which itis granted be made on the other Respondents either: (a) Upon Respondents DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK on or before July 2nd, 2021 by delivering to and leaving with said Respondents DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK personally a true copy of this Order and of the annexed papers, or (b) by depositing, on or before July 2, 2021 in a branch Post Office or post-office box, regularly maintained by the United States Government in the City of New York a true copy of this Order and of the annexed papers securely enclosed in a duly postpaid wrapper addressed to said Respondents DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTE1N, ALEDA F. GAGARIN, SHERYL ANN FETIK at the residence addresses set forth in said Designating petitions and/or cover sheets by ordinary mail or by Overnight Mail delivery by either U. S. Postal Express mail or Federal Express Overnight delivery or U.P.S. Express Overnight delivery on or before July 2, 2021, or (c) by delivering the same to a person of suitable age and discretion at the residence of such respondent set forth in such designating petition and/or cover sheet and by enclosing the same in a securely sealed and duly postpaid wrapper addressed to Respondents DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK at the address set forth in the designating petition and/or cover sheet filed with the Board of Elections and by depositing the same in a Post Office branch or official depository under the exclusive care and custody of the United States Postal Service in the City of New York by ordinary mail on or before July 2, 2021 or by Overnight Mail delivery by either U. S. Postal Express Mail or Federal Express Overnight delivery or U.P.S. Express Overnight delivery on or before July 2, 2021 or 4 FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/01/2021 (d) by affixing the same to the door of the residence of Respondent DAVID ARONOV, EDWIN K. WONG,DONGHUI ZANG, ELISEO DORION LABAYEN, DOUGLAS J. SHAPIRO, AVI CYPERSTEIN, ALEDA F. GAGARIN, SHERYL ANN FETIK set forth in such designating petition and/or cover sheet and by enclosing the same in a securely sealed and duly postpaid wrapper addressed to respondent at the address set forth in the designating petition and/or cover sheet filed with the Board of Elections and by depositing the same in a Post Office branch or official depository under the exclusive care and custody of the United States Postal Service in the City of New York by ordinary mail on or before July 2, 2021 or by overnight Mail delivery by either U. S. Postal Express mail or Federal Express Overnight delivery or UPS Express Overnight Delivery on or before July 2, 2021. And that any such method of service set forth shall be deemed good and sufficient service thereof. E N T E R: J.S.C. 5