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Petitioners
-against- IndexNo2 110779/2009
MICHAEL McSWEENEY as City Clerk of the City of INDEX NBER 110779 ER 2009
New York and Clerk of the City Council of New York, 15 NOTIONS
and the BOARD OF ELECTIONS iN THE CITY OF TOThL
NEW YORK, CREDIT CARD
Upon reading and filing the affirmation of Dennis P. McMahon, attorney for the Petitioners,
sworn to on September 27, 2009, and upon the two exhibits attached to the affirmation’ and, the
Let the Respondent Michael McSweeney, or his attorney Michael A. Cardozo, Corporation
Counsel of the City of New YorkJhow cause before Hon. Justice Edward H. Lehner atl.A.S. Part 19,
The two exhibits are: Exhibit A, the “Special Referee Report & Recommendation” of Louis Crespo,
Special Referee, dated September 25, 2009, filed in the office of the clerk of this Court on September 25,
2009; and Exhibit B, the transcript of an email thread among Special Louis Crespo, Stephen Kitzinger,
Esq.
(Respondent’s attorney), and Dennis McMahon (Petitioners’ attorney), with messages dated Sept 25,
2009
and September 24, 2009.
óm 2-52, of this Court, to be held at the Courthouse, 60 Centre Street, New York, N Y, on the 29
th
day of September 2009, at 9:30 o’clock in the forenoon, or as soon thereafter as such party or attorney
may be heard, why an order should not be made and entered herein:
(3) Rendering a decision directing judgment in the action in favor of the Petitioners, and
(4) For such other and ftirther relief as the Court may deem just and proper,
for the reason that the Special Referee’s “Report and Recommendations” in the instant action, dated
order, and all other papers upon which this order is granted, upon Respondent’s attorney, Michael A.
Cardozo, Corporation Counsel of the City of New York, 100 Church Stteet, New York, NY 10007, by
th
28
12 o’clock noon on the day of September, 2009, 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,
ORAL ARGUMENT
JOAN ARE
(.CEY