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Plaintiffs-Respondents,
Defendants-Appellants.
FAITH E. GAY, an attorney duly admitted to the practice of law in the State of New
1. Your affiant is a member of the law firm of Quinn, Emanuel, Urquhart, Oliver
& Hedges, LLP, attorney for the Defendants-Appellants (hereinafter "Appellants") and as
such is fully familiar with the facts and circumstances stated herein. I make this affirmation
in support of Appellants' application for a stay pursuant to CPLR 5518 and CPLR 5519(c) of
the Order of the Court below, which order granted a Preliminary Injunction in the instant
action, or, in the further alternative, denying the instant motion as academic on the ground
that the Order is automatically automatic stayed pursuant to CPLR 5519(a); and that
Appellants' application for an expedited appeal be granted and that this Appeal be heard on
an expedited basis and that the appeal be assigned to the Active Case Management Program
and that a Scheduling Order be issued, and together with such other and further relief as the
instant action. No Answer has been served in the within action, and the time do so has not
expired, although the Respondents have filed papers opposing the requested Preliminary
Injunction and moving to dismiss the verified complaint in the Court below.
as Lieutenant Governor of the State of New York. Mr. Ravitch is a citizen of the United
States over 30 years of age, who has been a resident of the State of New York for more than
five (5) years. Accordingly, Mr. Ravitch is qualified to serve as Lieutenant Governor under
July 8, 2009.
Exhibit C.
Ravitch "from exercising any of the powers of the office of Lieutenant-Governor of the State
of New York." This Order was entered without authority in contravention of the plain
language of CPLR 6311 that "[a] preliminary injunction to restrain a public officer, board or
municipal corporation of the state from performing a statutory duty may be granted only by
the supreme court at a term in the department in which the officer or board is located or in
10. The Order was also granted to plaintiffs who lacked standing to pursue the
relief; was moot; was sought in an improper venue; and was granted without a proper
showing that Plaintiffs-Respondents were likely to succeed on the merits, would suffer any
immediate and irreparable harm absent an injunction, or that the balance of the equities lay in
favor of an injunction;
11. It is respectfully submitted that the Order below is erroneous as a clear matter
of law, and should be stayed pending appeal in light of the public need to settle the authority
12. No prior application for the relief requested herein has been made.
staying the order appealed below pursuant to CPLR 5518 and CPLR 5519(c); or in the
alternative, that this court deny the instant motion as academic on the grounds that
Appellants are entitled to a statutory stay pursuant to CPLR 5519(a), and that pending the
hearing and determination of the within appeal that the order appealed below is hereby
stayed, and further on the appeal from the order below, and that the appeal in this matter be
heard in an expedited basis and that the appeal be assigned to the Active Case Management
Program and that a Scheduling Order be issued, and together with such other and further