On July 01, 2021 a
Request,Application
was filed
involving a dispute between
Lynn C Schulman,
and
Aleda F Gagarin,
Avi Cyprestein,
Board Of Elections In The City Of New York,
David Aronov,
Donghui Zang,
Douglas J Shapiro,
Edwin K Wong,
Eliseo Dorion Labayen,
Sheryl Ann Fetik,
for Special Proceedings - Election Law
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------- ---------------------X
In the Matter of
INDEX NO.:
LYNN C. SCHULMAN,
Petitioner-Candidate Aggrieved,
EMERGENCY
-against- AFFIRMATION
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
TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF QUEENS:
Frank A. Bolz III affirms under the penalties of perjury,
I am an attorney admitted to practice in the State of New York and I represent the Petitioner in the
above-captioned proceeding.
It isrespectfully requested that the proposed Order to Show Cause submitted in this proceeding be
entertained on an emergency basis in light of the fact that this is an Election Law Proceeding under
Article 16 of the Election Law requesting Judicial Intervention regarding the Canvassing and
Tallying of votes cast at the Primary Election held on June 22nd, 2021. The Order to Show Cause
seeks TRO relief regarding the preservation of ballots pursuant to King v. Smith, 308 AD2nd 556
and alternative forms of service due to the short statute of limitations provided in the Election Law
(10 days from the Election) for this type of proceeding.
Notice of the within Order To Show Cause was provided to Corporation Counsel on behalf of the
New York City Board of Elections and Mr. Kitzinger consented to the King v. Smith relief
requested herein.
1 of 2
FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021
Wherefore, it isrespectfully requested that the within Order to Show Cause be entertained on an
emergency basis.
Dated: July 1, 2021
Queens, NY
Fran A. Bolz III
2 of 2
Document Filed Date
July 01, 2021
Case Filing Date
July 01, 2021
Category
Special Proceedings - Election Law
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FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------- ---------------------X In the Matter of INDEX NO.: LYNN C. SCHULMAN, Petitioner-Candidate Aggrieved, EMERGENCY -against- AFFIRMATION 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 TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF QUEENS: Frank A. Bolz III affirms under the penalties of perjury, I am an attorney admitted to practice in the State of New York and I represent the Petitioner in the above-captioned proceeding. It isrespectfully requested that the proposed Order to Show Cause submitted in this proceeding be entertained on an emergency basis in light of the fact that this is an Election Law Proceeding under Article 16 of the Election Law requesting Judicial Intervention regarding the Canvassing and Tallying of votes cast at the Primary Election held on June 22nd, 2021. The Order to Show Cause seeks TRO relief regarding the preservation of ballots pursuant to King v. Smith, 308 AD2nd 556 and alternative forms of service due to the short statute of limitations provided in the Election Law (10 days from the Election) for this type of proceeding. Notice of the within Order To Show Cause was provided to Corporation Counsel on behalf of the New York City Board of Elections and Mr. Kitzinger consented to the King v. Smith relief requested herein. 1 of 2 FILED: QUEENS COUNTY CLERK 07/01/2021 02:19 PM INDEX NO. 715041/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/01/2021 Wherefore, it isrespectfully requested that the within Order to Show Cause be entertained on an emergency basis. Dated: July 1, 2021 Queens, NY Fran A. Bolz III 2 of 2