Strunk V Patterson - Ny Sup Ct - Opinion Dismissing Case - 2300296412008100sciv

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At IAS Part 1' of the Supreme Court of the State of New York Held in and for the County of Kings, at the courthouse at 360 Adams Street on the 3i' Day of October 2008

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Christopher Earl Strunk,

Index No.: Petitioner,

-againstDavid A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Dean Skelos (President pro Tempore of the NYS Senate and in line to succeed the governor),Thomas P. DiNapoli (NYS Comptroller), and Lorraine A. Cortez-Vazquez (Secretary of the State of New York), Respondents.

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ORDER TO SHOW CAUSE WITH TRO IN THE CPLR ARTICLE 78 CIVIL ACTION

Upon reading and filing the affidavit of Christopher Earl Strunk affirmed to on the 28'h day of October 2008, and upon the exhibits, verified petition and verified complaint attached to the affidavit, and memorandum of law under jurisdiction of the CPLR Article 78 in conjunction with the New York State Election Law Article 8 16-100 in which Election Law Article 12 applies from before the November 4,2008 General Election thru December 25,2008 for emergency equity relief, as a matter of state of New York Constitutional Law. Let the respondents or their attorney show cause at the IAS Part / $41

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,of this Court, to be held at the Courthouse, 360 Adam Street, Brooklyn, New York, on

as counsel may be heard why an order should not be made affecting the Electoral College,

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a. of Governor Paterson to resign as elector and stay operation of EL $12-102 until directed otherwise by the Court, as he is now in conflict of interest with the State; b. of the Comptroller DiNapoli to resign as elector and stay operation of EL $12- 1 10 until directed otherwise by the Court, as he is in conflict of interest with the State; c. of the Attorney General Cuomo to resign as elector to be able to act in his State constitutional responsibility and that he is now in conflict with State interest and is stayed from further involvement in this matter until directed otherwise by the Court,. d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry out the duties of the Lieutenant Governor vacancy until after the election pending the

January 1,2009 oath of a new Lieutenant Governor; e. of the Secretary of State to stay operation of EL $ 12-102 and EL $ 12-110 until directed otherwise by the Court, f. the New York State Board of Elections to strike from the ballot any winner-take-all candidate elector slate with one or more public officers therein; g. And for M e r and different relief as the Court may deem necessary herein.

As it is alleged that no public officer shall hold more than one public officer position for compensation under the State Constitution; and that were an Electoral College candidate to be elected at the November 4,2008 General Election under Election Law Article 12 while already being a public officer for compensation, would thereafter also by the operation of EL Article 12 participate as the authority with responsibility to both certifl and or be a beneficiary of public policy and or funds. Pending the hearing

are to notify the

State Legislature President Commissioners of the New

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this Court; and further,

notiQ by over night mail eac

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a this C f z o u r t h o u s e , day of

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2008, at

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Street, l3r:kly;

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on the

o’clock in the W@dno

or as soon as counsel

may e heard why an order should not be dade affecting the Electoral College,

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Sufficient cause appearing therefore, let p m m m h m i c e of this order, and the papers

upon which this order is granted, upon the respondents David A. Paterson, Andrew Cuomo,

Dean Skelos, Thomas P. DiNapoli, Lorraine A. Cortez-Vazquez, and public officers: Sheldon Silver, Malcom Smith, Hakeem J e E e s , Christine Quinn, William Thompson, Jim Tedisco, A d 4P-A‘ 4fieLy dc%$$:7Sy / 3 /I Dean Skelos, and of the New York State Board of Elections’bn or before the 3 day of October, 2008 be deemed good and sufficient. An affidavit or other proof of service shall be presented to this Court on the return date directed in the second paragraph of this order. ENTER

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