r '

cs.!( l}r1t:f\s ~~\tot

At an ~art of the Supreme Court of
the State of New York, held in and for the
County of New York at the Supreme
Court Courthouse thereof, 60 Centre
Street, New York, N.Y., on the ~t.,.""",
day of July, 2009

PRESENT:

Justice

------------------------------------------------------------------------)(

In the Matter of the Application of

BILL DeBLASIO,
Petitioner,

-against-
ORDER TO
BOARD OF ELECTIONS IN THE CITY OF SHOW CAUSE
NEW YORK,
Respondent,
Index No.
for an order, pursuant to Sections 16-100,
16-102 and 16-116 of the Election Law, declaring
O~ \ \01 f!)~

valid the designating petition which designated

the petitioner as a candidate for the Public Office
of Public Advocate of the City of New York in
the Democratic Primary Election to be held
September 15, 2009.
-----------------------------------------------------------------------)(

Upon the annexed petition of BILL DeBLASIO verified the 24th day of July, 2009, and
upon the original designating petition which designated the petitioner herein as a
candidate for the Public Office of Public Advocate of the City of New York, in the

Democratic Primary Election to be held September 15, 2009, and upon all the papers and

proceedings heretofore had herein, it is hereby

"'\\-. '"1"'"' ~•..•...• ~ c; ,~

ORDERED, that the respondent herein show cause before this~ at an IAS
Term, Part \ ~ thereof, to be held at the Supreme Court Courthouse, 60 Centre Street,

Room ~~',
~ in the Borough of Manhattan, City of New York on the ~ -
H A~~
day of~,
2009, at 9:30 A.M. of that day or as soon thereafter as counsel can be heard, why an order
should not be made and entered herein

1. Declaring valid, proper, sufficient and legally effective the designating petition

heretofore filed in the office of the Board of Elections in the City of New York,

designating the petitioner herein as a candidate for the Public Office of Public Advocate
of the City of New York, in the Democratic Primary Election to be held September 15,
2009;

2. Directing, requiring and commanding the respondent Board of Elections in the

City of New York to place and print the name of the petitioner as a candidate for the said

office or position at the Democratic Primary Election to be held September 15, 2009; and

3. Enjoining and restraining the said Board of Elections in the City of New York

from printing, issuing or distributing for use during the said Democratic Primary
Election any official ballots upon which the name of the petitioner does not appear as a
candidate for the said office or position;

And why petitioner should not have such other and further relief as to this Court may
seem just and proper in the premises; and it is further

ORDERED, that the respondent Board of Elections in the City of New York be,

and it hereby is, ordered and directed to produce upon the hearing of this order to show

cause, the said petition designating the petitioner herein as a candidate for the said office

or position together with the objections and specifications thereto, the permanent
personal registration poll cards of the voters of the said district, and the report of the

Clerks of the said Board of Elections made on such objections and specifications and the

reports of any actions taken by said Board and any supporting documents supporting
said action concerning this designating petition for examination by this Court.

SUFFICIENT CAUSE APPEARING THEREFOR, leave is hereby granted to the

petitioner to submit upon the return day of this order to show cause, and on the

argument and hearing thereof, such additional affidavits, exhibits and other proof as may
be necessary.

SUFFICIENT CAUSE APPEARING THEREFOR, it is further

ORDERED, that service of a copy of this order to show cause, together with a copy
of the papers upon which it is granted, on the respondent Board of Elections in the City
of New York be made by leaving a copy thereof at the office of the Chief Clerk of the said
Board of Elections at No. 32 Broadway in the Borough of Manhattan, City of New York,
...•..

on or before the '19 - day of July, 2009; and that such service shall be deemed good and
sufficient service thereof.

ENTER:

--~
Justice of the Supreme Court
of the State of New York
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------)(

BILLDeBLASIO,
Peti tioner,

-against-

BOARD OF ELECTIONS IN THE CITY OF PETITION

NEW YORK,
Respondent,
Index No.

for an order, pursuant to Sections 16-100,

16-102 and 16-116 of the Election Law, declaring
valid the designating petition which designated
the petitioner as a candidate for the Public Office
of Public Advocate of the City of New York, in
the Democratic Primary Election to be held
September 15, 2009.
-----------------------------------------------------------------------)(

TO: THE SUPREME COURT OF THE STATE OF NEW YORK:

The petitioner respectfully shows and alleges:

1. At all of the times hereinafter mentioned, petitioner BILL DeBLASIO was

and still is a duly qualified voter of the State of New York, entitled to vote in the City of

New York in the Democratic Primary Election to be held on September 15, 2009.

2. The respondent BOARD OF ELECTIONS IN THE CITY OF NEW YORK

("Board of Elections") is charged by law with the responsibility for administering the

Election Law in New York City.

3. Between July 13 and July 16, 2009, the time prescribed by law, vanous

groups and organizations supporting petitioner BILL DeBLASIO, filed volumes of a

designating petition in the office of the Board of Elections designating petitioner BILL

DeBLASIO as a candidate for the Public Office of Public Advocate of the City of New
York, in the Democratic Primary Election to be held September 15, 2009. These volumes

contained in excess of 125,000 signatures of eligible voters of the City of New York,

whereas only 7,500 signatures are required for qualification for the ballot for said public
office

4. On or about the 16th day of July, 2009 a "Cover Sheet" (annexed hereto as

Exhibit A) was filed for said petition pursuant to the rules of the Board of Elections.

5. Petitioner is duly qualified for the designation for such position.

6. The designating petition was and is in due and proper form as prescribed

by law, and the petition is otherwise valid, proper, sufficient and legally effective.

7. After the filing of the said designating petitions as aforesaid the Board of

Elections issued a letter dated July 21,2009 (the "Letter") (annexed hereto as Exhibit B) to

petitioner stating that the cover sheet "fails to comply" with the Rules of the Board of

Elections because, in pertinent part, the "Number of volumes claimed doesn't agree with

claimed identification numbers on cover sheet. In fact, the number of volumes claimed

on the cover sheet did agree with the claimed identification numbers on the cover sheet.

8. The Letter further provided that "This defect may be cured within three

business days of the date of this letter by the filing of an amended cover sheet."

9. Based on the contents of the Letter, the attorney retained by petitioner's

campaIgn carefully reviewed the cover sheet and recounted the number of volumes

identified on the cover sheet. In conducting this recount one of the 132 volumes claimed
on the cover sheet was missed and it was determined that there were 131 volumes in the

petition.

10. On or about July 23, 2009, an Amended Cover Sheet (annexed hereto as

Exhibit C) listing 132 identified volumes and claiming 131 volumes in the petition was
filed with the Board of Elections.

11. On information and belief, thereafter, on July 23, 2009, a committee of the

Board of Elections determined that the Amended Cover Sheet failed to comply with the

rules of the Board of Elections and that was a fatal defect invalidating the designating

petition containing more that 125,000 signatures and that petitioner BILL DeBLASIO was

disqualified as a candidate for the Public Office of Public Advocate of the City of New
York.

12. On July 24, 2009, within the time prescribed by the rules for filing an

amendment to a cover sheet, a "2nd Amended Cover Sheet" (annexed hereto as Exhibit D)

was filed with the respondent Board of Elections claiming 132 volumes. On information

and belief, that 2nd amended cover sheet has not been considered by the Board.

13. Petitioner believes that it is possible that the Board of Elections have made

and may make erroneous determinations of the several questions of law and fact raised

by the cover sheet and its amendments, which determinations would, according to law

and the principles of equity, be reviewed and determined by this Court and petitioner

has been and will be aggrieved by such determination.

14. The reason this proceeding is being instituted prior to a final determination

by the respondent Board of Elections is that the Election Law, under which this

proceeding is brought, requires that such a proceeding be commenced on or before July

30, 2009.

15. Petitioner requests leave and reserves the right to submit upon the

argument and hearing of this application, evidence by way of affidavits, testimony and

documentary proof to substantiate and support this application.

16. Petitioner has no adequate remedy or relief in the premises other than that
applied for.

17. No previous application has been made to this Court or any other Court for

the relief sought herein or for the order to show cause hereunto annexed, or for any
similar relief.

WHEREFORE your petitioner respectfully prays for the annexed order to show

cause and for a final order granting the relief prayed for in the said order to show cause,

and for such other and further relief as to this Court may seem just and proper in the
premIses.

Dated: New York, N.Y.

J ul Y 24, 2009

Respectfull y submi tted:

\.k \.-T. ~
Henry T. Berger
Attorney for Petitioner
127 West 77th Street
New York, New York 10024
(212) 799-9378
 VERIFICA TION

STATE OF NEW YORK )

) ss.:
COUNTY OF NEW YORK )

HENRY T. BERGER, being duly sworn, deposes and says: that he is the attorney
for Petitioner in the within proceeding; that he has read the foregoing Petition and believes the
contents thereof to be true; that the same is true to his own knowledge, except as to matters
therein stated to be alleged on information and belief, and that as to those matters, he believes it to
be true; that his knowledge is based upon discussions with the Petitioners and review of the
documents and files pertaining to this matter; that the reason he is verifying this Petition is because
Petitioner is not in the county in which he has his office.

Dated: New York, New Yark

July 24, 2009

\J,.- \. \" .~}-

HENRY T. BERGER
 COVER SHEET
DEMOCRATIC PARTY
DESIGNATING PETITION
NAME(S) OF CANDIDATE(S) PUBLIC OFFICE(S) PLACE(S) OF RESIDENCE

Public Advocate
BILL DE BLASIO 442 11th Street
of the
Brooklyn, New York 11215
City of New York

Volume Numbers: KG0900067 through KG0900079; KG0900082 through

KG0900098; KG0900101; KG0900102; KG0900104; KG0900105; KG0900107
through KG0900110; KG0900112 through KG0900126; KG0900128; KG0900129;
KG0900264; KG0900265; KG0900341; KG0900342; KG0900773; KG0900774;
KG0901078 through KG0901086; BX0900007; BX0900009; BX0900010; BX0900019;
BX0900020; BX0900029 through BX0900039; BX0900042 through BX0900044;
BX0900050; BX0900810; ON0900277; ON09000621; ON0900622; RH0900084
through RH0900094; NY0900071; NY0900072; NY0900073; NY0900148;
NY0900149; NY0900152; NY0900155; NY0900156; NY0900159; NY0900176;
NY0900177; NY0900178; NY0900180; NY0900181; NY0900220; NY0900297;
NY0900298; NY0900299; NY0900534; NY0900535; NY0900536; NY0900599;
NY0900600; NY0900610; NY0900620; NY090062l; NY0900622; NY0900623;
NY0900624; NY0900671;

Total Number of Volumes in Petition: 135

The Petition contains the number, or in excess of the number, of valid signatures
required by the Election Law.

All of the signatures in this volume apply to all of the candidates set forth above
Contact Person to correct Deficiencies:

Name: HENRY T. BERGER

Residence Address: 127 West 77th Street, New York, New York 10024
Mailing Address: 127 West 77th Street, New York, New York 10024
Phone: (212) 799-9378 Fax: (212) 799-0886

I hereby authorize that notice of any determination made by the Board of Elections be
transmi tted to the person named above:

'.),oO • ,_ ~"

Candidate or Agent .
 FREDERIC M. UMANE MARCUS CEDERQVIST
PRESIDENT EXECUTIVE DIRECTOR

JULIE DENT GEORGE GONZALEZ

SECRETARY DEPUTY EXECUTIVE DIRECTOR

JOSE MIGUEL ARAUJO PAMELA GREEN PERKINS

JUAN CARLOS "J.C." POLANCO ADMINISTRATIVE MANAGER
JAMES J. SAMPEL BOARD OF ELECTIONS
NANCY MOTTOLA-SCHACHER IN
NAOMI C. SILIE THE CITY OF NEW YORK
J.P. SIPP EXECUTIVE OFFICE, 32 BROADWAY STEVEN H. RICHMAN
GREGORY C. SOU MAS NEW YORK, NY 10004-1609 GENERAL COUNSEL
JUDITH D. STUPP (212) 487-5300 Tel: (212) 487-5338
COMMISSIONERS www.vote.nyc.ny.us Fax: (212) 487-5342
E-Mail:
srichman@boe.nyc.ny.us

July 21, 2009

127 West 7i
Henry T. Ber~er
Street
New York, NY 10024

Candidate's Name: Bill De Blasio

Party: Democratic

Office: Public Advocate of the City of New York

Dear Sir:

Please be advised that your cover sheet fails to comply with the New York
State Board of Elections Regulations, 9NYCRR §6215, or this Board's Rules for
Designating/Opportunity to Ballot Petitions adopted on March 24, 2009, for the
following reason(s):

1. No cover sheet filed.

2. Cover sheet attached to petition.
3. Name of Party omitted from cover sheet.
Number of volumes omitted from cover sheet.
Number of volumes claimed doesn't agree with claimed
identification numbers on cover sheet.
No identification number(s) claimed on cover sheet.
7.) Incorrect identification number(s) on cover sheet.
a Petition volume NY0900071 not filed.
a Petition volume NY0900072 not filed.
a Petition volume NY0900073 not filed.

8. Cover sheet omits statement claiming valid signatures in

petition.
 9. Candidate name omitted from cover sheet.
10'. Candidate address omitted from cover sheet.
11. Office and/or district omitted from cover sheet.
12. Amended cover sheet is not certified.
13. County committee schedule omitted.
14. County committee schedule does not conform to regulations.
15. Some candidates for county committee have no page numbers
on the schedule. Those candidates are removed unless the defect
is cured.
16. Other:

This defect may be cured within three business days of the date of this letter
by the filing of an amended cover sheet. Amended cover sheets must be filed in
person only at the Executive Office, 32 Broadway, 7th Floor, Borough of
Manhattan, New York.

Failure to file the amended cover sheet within the three day period shall be
a FA TAL DEFECT.

Very Truly Yours,

THE COMMISSIONERS OF ELECTIONS

IN THE CITY OF NEW YORK

BY~ '-~

Rev. 6/30/09 SHR

2
 A1\IIENDED COVER SHEET
DEMOCRATIC PARTY
DESIGNATING PETITION
NAME(S) OF CANDIDATE(S) PUBLIC OFFICE(SI PLACE(S) OF RESIDENCE

Public Advocate
442 11th Street
BILL DE BLASIO of the
Brooklyn, New York 11215
City of New York

Volume Numbers: KG0900067 through KG0900079; KG0900082 through

KG0900098; KG0900101; KG0900102; KG0900104; KG0900105; KG0900107
through KG0900110; KG0900112 through KG0900126; KG0900128; KG0900129;
KG0900264; KG0900265; KG090034l; KG0900342; KG0900773; KG0900774;
KG0901078 through KG0901086; BX0900007; BX0900009; BX0900010; BX0900019;
BX0900020; BX0900029 through BX0900039; BX0900042 through BX0900044;
BX09000S0' BX0900810' N0900277' N09000621' N0900622' RH0900084
throu h RH0900094"~ . NY0900148'
NY0900149; NY0900152; NY0900155; NY0900156; NY0900159; NY0900176;
NY0900177; NY0900178; NY0900180; NY0900181; NY0900220; NY0900297;
NY0900298; NY0900299; NY0900534; NY0900535; NY0900536; NY0900599;
NY0900600; NY0900610; NY0900620; NY090062l; NY0900622; NY0900623;
NY0900624; NY0900671;

Total Number of Volumes in Petition:

Tlie Petition contains the number, or in excess of the number, of valid signarures.reqtti.red by
the Election Law, ~ :~
~ =cO
rq'
Contact Person to correct Deficiencies: c:
r- no·_-
L- CJ',-,
:.:;. ;'-1
Name: HENRY T. BERGER N -<8C1
Residence and Mailing lJ..J ~~ rt~ S:
-r-- '-_
Address: 127 "Vest 77th Street, New York, Ne\v York 10024 LJ n-. fI,
:.::::
~~O
Phone: (212) 799-9378 Fax: (212) 799-0R~6 Y:I ::3
0:;.0::

I hereby authorize that notice of any determinabon made by the Board of ~lect~~s be
lTimsmi tted to the person named above:

\.\.D \ ,_ ~
Candidate or Agent

This is to certify that I am authorized to file this an1ended cover sheet.

,
,\~,\\c.>~
DL1tc
"

A COpy OF THE ORIGINAL COVER SHEET IS ATTACHED HERETO

 ~~Al\IIENDED COVER SHEET
DEMOCRATIC PARTY
DESIGNA TINC PETITION
NAME(SI OF CANDIDATE(5) PUBLIC OFFICE(SI PLACE(S) OF RESIDENCE

Public Advocate
442 11th Street
BILL DE BLASIO of the
Brooklyn, New York 11215
City of New York

Volume Numbers: KG0900067 through KG0900079; KG0900082 through

KG0900098; KG0900101; KG0900102; KG0900104; KG0900105; KG0900107
through KG090Dll0; KG0900112 through KG090D126; KGD90D128; KG0900129;
KG0900264; KG090D265; KG0900341; KG0900342; KGD900773; KG0900774;
KG0901078 through KG0901086; BX0900007; BX0900009; BX0900010; BX0900019;
BX0900020; BX09000?9 through BX0900039; BX0900042 through BX0900044;
BX0900050' BX0900810' N0900277' N09000621' N0900622' RH0900084
throu h RH0900094"~ NY0900148'
NY0900149; NY0900152; NY0900155; NY0900156; NY0900159; NY0900176;
NY0900177; NY0900178; NY0900180; NY090018l; NY0900220; NY0900297;
NY0900298; NY0900299; NY0900534; NY0900535; NY0900536; NY0900599;
NY0900600; NY0900610; NY0900620; NY090062l; NY0900622; NY0900623;
NY0900624; NY0900671;

Total Number of Volumes in Petition: 'J:8'

~
}8t\~ \~'L
The Petition contains the number, (Ir in excess of the number, of valid signatures-reqtti;red by
the Election Law, ~ --i~
~ ::-co
rTI'
Contact Person to correct Deficiencies: ~
r- n~:I)r'l
:::;.-
Name: HENRY T. BERCER
Residence and Mailing ~ 2~;f}
Address: 127 \Vest 77th StTeet, New York, New York 10024 -0 :.::m Pi
~:::2CJ
-.:: ~
rhcme: (2]2) 799-9378 Fax: (212) 799-0R86 W
... ~c'--
0:;::
I hereby authorize that notice of any detcrminabon made by the Board cJct!lect~~<; be
transmitted to the person named above:

\.\.1> ,T- ~
Candidate or Agent

This is to certify that I am authorized to file this amended cover sheet.

., \ ~ '\ \ c..><i'
'\ ..

D[]tc

A COPY OF THE ORIGINAL COVER SHEET,IS ATTACHED

L~~~f#I~""Cj.~
HERETO
Index No. 06-02925

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

In the Matter of the Application of

BILL DeBLASIO,
Petitioner,
-against -

BOARD OF ELECTIONS IN THE CITY OF NEW YORK,

Respondents.

ORDER TO SHOW CAUSE

and VERIFIED PETITION

HENRY T. BERGER
A ttorneys a t La w
127 West 77th Street
New York, New York 10024
Tel: (212) 799-9378
Fax: (212)799-0886

To:
Attorney(s) for

Service of a copy of the within is hereby admitted.

Da ted,

Attorney(s) for

PART -130 SIGNING REQUIREMENT

Pursuant to Section 130-1.1-a of m·.<
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By: _
Dated: