Ata Special Ferm of ihe Supreme Court hel 9 ari fo the County 6F Eso he Conrtnge in the City of fufflo, New Vork on theo” Sy of September 2016 HON. oda 2 Mchetsds sc PRESIDING JUSTICE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE In the Matler of the Application of GREEN PARTY OF ERTE COUNTY P.O. Box 36 465 Grant St Buffalo, New York 14213 and CHARLEY TARR, 347 Bird Ave, Fl I Buffalo, New York 14213 ORDER TO SHOW CAUSE Petitioners. Index No.0 * as 124 -against- THE ERIE COUNTY BOARD OF ELECTIONS, Leonard R. Lenihan and Ralph M. Mohr, Commissioners of and Constituting the Erie County Board of Elections peesp 34 West Bagle Steet eo neH Buffalo, NY 14202 Some? ane Bo. JAMES DEPASQUALE, JR. *e 7000 Erie Ra., Apt. $ a Desby, NY 14047 Respondents. For an Order Pursuant to Section 15-110, Of the Election Law, canceling the enrollment af James DePasquale and Invalidating the Designating Petition In the Green Party Primary for State Senate in the 6(" DistrictUpon the Verified Petition of the Petitioners the Green Party of Erie County and Charley Tarr, dated the 2™ day of September 2016, and AFTER DUE DELIBERATION having been had and in order to comply with Election Law Section 16-1 16's requirement thal these proceedings be “summarily determined” and “have preference over all other cause it all courts,” it is hereby. ORDERED, that the Respondents SHOW CAUSE BEFORE THIS COURT, ata Special Term, of Supreme Court, to be held in and for the County of Erie, State of New York, in the Courthouse at_/ 25 Delaware Avenue, ___ 50) Delaware Avenue, _92 Franklin . a as Street, Buffalo, NY in Part | on the 15"day of Seg tent”. 2016 at 9. o'clock in the am, / par of that day, or as soon thereafter as counsel can be heard, WHY an ORDER should not be made and entered herein, pursuant to Election Law Article 16, and including, but not limited to, Section 16-110, granting the following relief against the Respondents: 1, An Order, pursuant to Election Law Article 16 section 110, recognizing, confirming and enforcing the findings of the subcommittee of the Green Party of Frie County: 2. An Order pursuant to Election Law Article 16 section | 10 directing the Eri¢ County Board of Elections to invalidate and cancel the voter enrollment of James ‘DePasquale, Jr., in the Green Party of Erie County; and ‘An Order directing the Erie County Board of Elections to void ab initio the designating petition of James DePasquale, Jr., for State Senate in the 60" District on the Green Party line upon the grounds that he is nota validly enrolled member of the Green Party, which is necessary for the designating petition for Mr. DePasquale to exist. Order to Show Cause Page 2 of 4SE CE OF PRO‘ And it is further. ORDERED, that service of a conformed copy of this Order to Show Cause and the underlying Verified Petition, upon the Respondent James V. DePasquale, Jr and the Respondent Erie County Board of Elections shall be deemed good and sufficient if accomplished no later than Le pm.onthe lL day of Sughot772016 as follows 1, Respondent-Candidate JAMES V. DEPASQUALE, Jr By delivery to James V. DePasquale, Jr. by overnight delivery service (as defined by CPLR § 2103(b)(6)) to him at 7000 Frie Road, Apt, DS, Derby, New York 14047, by overnight delivery service complete by delivery to the delivery service provider by the time and date above-stated and by affixing a copy of this Onder to Show Cause and the accompany Verified Petition to the same residence; and 2. Respondent ERIE COUNTY BOARD OF ELECTIONS: By delivery to a person authorized to accept service at the offices of such Respondent ERIE COUNTY BOARD OF ELECT IONS at 134 West Eagle Street, Buffalo, NY 14202 in a manner authorized by CPLR Section 308 or by overnight delivery service (as defined by CPLR § 2103(b)(6)) to the Board at 134 West Eagle Street, Buffalo, NY 14202 with such overnight delivery service complete by delivery to the delivery service provider by the time and date above-stated, or service upon any Commissioner of Elections, or at the office of the County Attomey, counsel for the Erie County Board of Elections, 69 Delaware Ave Buffalo, New York 14202. RESPONSIVE PAPERS and itis further Order to Show Cause Page 3 of 4ORDERED, that the Respondents shall file their verified answer to the petition, and affidavits or other responding papers, including motion papers, to the Court and deliver them to Petitioner’ counsel, no later than the 5 aa fom the 13% day of _Sporte ba 2016; and itis further DENNIS E. WARD, J.S.C. Justice of the Supreme Cayrt County of Ere Py Hare. hota GRANTED: September _, 2016 Pichalthi ‘Court Clerk GRANTED SEP 02 2016 BY, JOHNIY. GARBO, JR. COURT CLERK Onder to Show Cause Page 40f4SUPREME COURT OF THE STATE OF NFW YORK COUNTY OF ERIE In the Matter of the Application of GREEN PARTY OF ERIE COUNTY, and CHARLEY TARR, VERIFIED PETITIO! Petitioners, Index No, 2 Qi6- 600124 -against- ‘THE ERIE COUNTY BOARD OF ELECTIONS, and JAMES DEPASQUALE, Respondents, For an Order Pursuant to Section 16-110, Ofthe Election Law. canceling the enrollment of James DePasquale and Invalidating the Designating Petition In the Green Party Primary for State Senate in the 60" District TO THE SUPREME COURT OF THIS STATE OF NEW YORK: COUNTY OF ERIE: Your Petitioners, THE GREEN PARTY OF ERIE COUNTY, and CHARLEY TARR, a voter. and the chair of the Green Pasty of Erie County and the subcommittee respectfully avow to this Court and allege: 1. That at all times hereinafter mentioned, your Petitioners THE GREEN PARTY OF ERIE COUNTY, AND CHARLEY TARR, a voter and Chair of the Erie County Green Party and the subcommittee appointed by the Chair, is a duly enrolled member of the Green Party in and for the County of Erie, and is eligible to vote in the Green Party Primary Election to be held on September 13, 2016. 2. This is an application by the Petitioners brought on by an Order to Show Cause to: 1) to recognize, confirm and enforce the findings of the subcommittee of the Green Party ofErie County, 2) invalidate and cancel the voter enroliment of the Respondent James DePasquale, Jn. in the Green Party pursuant to § 16-110 of the Election Law; and 3) to void ab initio the designating petition of James DePasquale, Jr. for State Senate in the 60" District on the Green Party ballot line. ‘That at all of the times hereinafter mentioned, the Respondent ERIE COUNTY BOARD OF ELECTIONS was and is charged with the responsibility of the supervision of the conduct of official clections held in Erie County, New York, including the duties of maintaining the permanent personal voter registration poll records of voters, the enrollment lists of those cligible to vote in a party primary, and the preperation of official Primary Election and General Blection ballots for use in the County of Erie. 4. ‘The Petitioner{s) further state that he has been a member of the Green Party during the current year and some years past, and that his sympathies politically have been with the platform and program of the Green Party, The Petitioner(s} is well acquainted with the principles of the Republican Party and the principles of the Green Party conflict on major issues, both philosophically and politically, with she principles of the Republican Party. & On August 8, 2016, Amanda Huber, an enrolled Green Party member in Erie County, delivered a written complaint to the Chair of the Green Party of Erie County alleging that the Respondent, JAMES DEPASQUALE, JR. who was registered to vote effective July 5, 2016, and having entered the Green Party primary in 2016, was not in sympathy with the principles of the Green Party as required by lav, but rather was a surrogate for Republican State Senate Candidate and Eric County Clerk Chris Jacobs. Todd Aldinger, an operative of the Erie County Republican Party, New York State Republican Senator Richard Funke, the New YorkSenate Republican Campaign Commitiee and the Erie County Republican Committee, who collectively are attempting to seize control of the Green Party in Brie County. See Exhibit | Petitioners do in fact believe that the allegations raised in this complaint are correct. 7. The evidence produced before the subcommittee at the hearing before it demonstrated that Republican State Senate Candidate and Erie County Clerk Chris Jacobs, Todd ‘Aldinger, an operative of the Erie County Republican Party, New York State Republican Senator Richard Funke, the New York Senate Republican Campaign Committee and the Erie County Republican Committee, have orgenized a concerted effort to enroll, petition for, and place on the ballot, James DePasquale. Jr, to serve the ulterior motives of the Republican Party. and undermine the principles and operations of the Green Party in Erie County. 8 The Chair of the Green Party of Erie County, pursuant to § 16-110 of the Election Law, gave notice to the Respondent James DePasquale, Jr. on Tuesday August 30, 2016, that 2 hearing would be held on September 1, 2016, See Exhibit 2. At the hearing, the respondent James DePasquale, Jr. failed to appear. Instead, an attorney, the Hon. Jeffrey F, Voelkl (a Judge for the Village of Williamsville), appeared on bebalf of Mr, DePasquale. While Judge Voelk! produced an affidavit of Mr, DePasquale wich appeared to copy the platform listed on the Groen Party’s website, it hed no probative value as the subcommittee was unable to question or examine the Respondent Mr. DePasquale. Therefore, the committee weighed the evidence before it which also included the designating petitions of Mr. DePasquale circulated by several Republican staffers and operatives, the acceptance certificate filed with the Erie County Board of Elections by Republican Operatives and Chair of the Erie County Charter Review Commission “Todd Aldinger, the short time period in which Mr. DePasquale was registered to vote priar toRepublican operatives circulating petitions, the fact Mr. DaPasquale had never been registered to vote prior, Mr. DePasquale’s lack of involvement or engagement with the Green Party, the repeated pattem now of the Republican Party engaging in similar conduct in other races and districts, and the failure by Mr, DePasquale or his attorney to present any evidence or testimony acknowledging or in any way denying the involvement of Republican Party Staff and Operatives A full record of the proceeding is maintained by the Green Party. 9, Following the hearing, the subcommittee, with Mr. DePasquale’s attorney present, issued findings of fact, ultimately making a unanimous decision that the Respondent James DePasquale, Jr, is not in sympathy with the principles of the Green Party. Attached at Exhibit 3 is a copy of the Summary Decision. It is the finding of the subcommittee that the Petitioners wish this Court to recognize, confirm and enforce. 10, Furthermore, because the Respondent James DePasquale is not a validly enrolled member of the Green Party, which is necessary for the designating petition for Mr. DePasquale to exist, the designating petition of James DePasquale for State Senate in the 60" District should be void ab initio, A copy of the designating petitions of Mr. DePasquale and his acceptance thereof are attached hereto as Exhibit 4, 11. Petitioners reserve the right co submit further proof establishing the findings of fact by the subcommittee of the Erie County Green Party. 12, Petitioners request leave and reserve the right to submit upon the argument and heating of this application, evidence by way of affidavits, testimony, and documentary proof to substantiate and support this application. 13, Other than this proceeding, your Petitioners have no adequate, sufficient, or effective remedy at law.14, In order to effect immediate service of the annexed Order to Show Cause and this Petition on the Respondent Erie County Board of Elections, the office of which was recently damoged due to a fire and is upon information and belief is elosed, itis respectfully requested that this Court direct that such service may be made upon any Commissioner of Elections, or at the office of the County Attomey, counsel for the Erie County Board of Elections, 69 Delaware Ave, Buffalo, New York 14202. 15. The Petitioners soquest leave to effect service of « copy of this Order to Show Cause, together with a copy of the papers on which it is granted, upon Respondent, James DePasquale, Jr., by affixing a copy to his place of residence at 7000 Erie Road, Unit DS, Derby, New York, 14047, and overnight delivery service to the same place of residence. 16. In order that issues with respect to allegations of this Petition be joined expeditiously, itis respectfully requested that the Court grant the time fixed in the Order to Show Cause withia which the respective Answers and/or Responses of the Respondents shall be served upon Petitioners attorney. 17, No previous application by Petitioner(s) has been made for the reliof sought herein or for the Order to Show Cause hereunto the annexed, or for any similar relief. WHEREFORE, your Petitioners respectfully pray for the relief requested in the annexed Order to Show Cause and fora final Order granting the relief requested in said Order to Show Cause, and for such other and further relic? as this Court niay deem just and proper.DATED: Buffalo, New York September 2, 2016 Li FICES OF K HOUSH wl By: Frank Housh FO Niagara Street Buffalo, New York 14202 746.262.9952VERIFICATION STATE OF NEW YORK —) COUNTY OF ERIE 1, CHARLEY TARR, being duly sworn, deposes and says that the deponent is the Petitioner in the within action, that deponent bas read the foregoing petition and knows the contents thereof; that the same is true and to deponent’s own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters deponent believes it to be true. Ln Lo “HARLEY TARR. Swom to before me, This g%allay of September, 2016 —bhude: Th Thay Notary Public SHELAM Maze ho. CrAB065005,August 8. 2016 Via Email & US, Mail Charkey Tarr ‘Chair Erie County Green Party PO Box 36 465 Grant St Buffalo, NY 14213 Email: eriecountygreens@gmail.com Dear Chairman Tart, | am an enrolled member of the Green Party in Erie County registered to vote at 10 Willow Ridge Lane, Lancaster, NY 14086. Pursuant to Section 16-1 102) oF he Election law | would fike to file « complaint against Jumes DePasquale, Jr., 7000 Eric Rd. Unit D5, Derby, NY 14047, who was registered to vote effective July 5, 2016 and having entered the Green Party primary it 2018, on the grounds tha such person is notin sympathy with te priseipis ofthe Green Pary as equi by lw, but rther a surrogate of Republican Sune Senare Candidave and Erie County Clerk Chris Jacobs Todd Aldinger, an operative for the Erie County Republican Party, New York Ste Republican Senator Richard Funke, the New York Senate Repuoican Campaign Commute and the Erie County Repuican Commitee who collectively are attempting to seize contro! of the Green Party in Erie County | believe that the enrollment of James DePasquele Ir. in the Green Party should be ‘cancelled and his participation inthe Gireen Party primary should be discontinued. [Attached hereto is © copy of the petitions filed by Todd Aldinger an behalf of Mr DePasquale Say ze Amanda Huber —— cc: charleytarr@ yahoo.comNOTICE OF GREEN PARTY HEARING Augusl 30, 2016 7000 Erie Ra Un DS Derby, New York (4047 Deary Mr PePasque Upon receiving ¢ walter comptan fiom 4 Green Parly Meinbr. registered io vote on Erie County, dated August 3. 2014. calling uo question your sympathy wath ae principles of the Green Pany pursuant ce Secwon {6-| 10/2/07 NY'S Election Law. we are hercoy scheduling a heating in dcterming schan Thunday Sepaniter | alléal 7s Oe Ge kwolliers of Frank Housh located a: 70 Ntagaga Sire. BulTalo, NY 14202 = Should you have any quescrmsor concer, plezse do no estate to contact me Smeziely, A - ra 4 Charley Lar Charan Ene Cony Green PartySUMMARY DECISION Re: Green Party Status of James DePasquale, Jr. WHEREAS a complaint was received by the Green Party, through its Chair Charley Tarr, dated August 8, 2016, from Amanda Huber, an enrolled Green Party member in Erie County alleging that James DePasquale, Jr. is not in sympathy with the principles of the Green Party as required by law, but rather was a surrogate for Republican State Senate Candidate and Brie County Clerk Chris Jacobs, Todd Aldinger, an operative of the Frie County Republican Party, New York State Republican Senator Richard Funke, the New York State Republican Campaign Committee and the Evie County Republican Committee, who collectively are attempting to seize control of the Green Party in Erie County; and WHEREAS, ¢ notice of hearing pursuant to section 16-110 of the NYS Election Law was sent to Jomes DePasquale, Jr. on Tuesday August 30, 2016; and WHEREAS, a hearing was duly held on September 1, 2016 in which evidence was reviewed by a subcommittee appointed by the Chair of the Green Party of Erie County: and WHEREAS, Mr. DePasquale, failing to appear, instead sent his attorney the Hon, Jeffrey Voelki to appear; and WHEREAS, the subcommittee, after duc deliberation, came to a unanimous decision that James DePasquale, Jr. is not in sympathy with the principles of the Green Party as required by law, but rather was a surrogate for Republican State Senate Candidate and Erie County Clerk Chris Jacobs, Todd Aldinges, an operative of the Erie County Republican Party, New York State Republican Senator Richard Punke, the New York State Republican Campaign Committee and the Frie County Republican Committee, who collectively are aitempiing ta seize control of the Green Party in Erie County to serve ulterior motives of the Republican Party; NOW THEREFOR, it is hereby determined that James DePasquale, Jr, is notin sympathy with the principles of the Greon Party of Eric County as required by law: and FURTHER, that this Summary Decision shall constitute the official decision of the Green Party of Erie County and the subcommittee appointed by the Chair of the Green Party of Erie County; and FURTHER, that a record and summary of the proceedings shal! be maintained in the records of the Green Party of Erie County GREEN-YARTY OF ERIE COUNTY 5; YOR) ee A Chatley Tarr 7 Chair of the Green Party of Erie County Dated: September 2, 2016 Chair of SubcommiticeBOE COPY BOE COPY {ERIE COUNT BOARD OF ELECTIONS PILING RECEIPE Public cetice Peoattion DEPASOUNLE, AMES V Sore SENATE oIST / BOE COPY BOE COPYBOE COPY BOE COPY CERTIFICATE OF ACCEPTANCE Section 6 ~ 146 Election Law Peers |) ____ James. DePasauale residing at {Gnaines none 1 A ny have been designated/nominated by the eee Party, asa candidate for the office of, agi Sate Senate _— 4 50" Senatorial district, do hereby ACCEFT such designation/nomination ‘and do concent to be such candidate cf such party at 2 Primary Tavera lection to be held on__Sentember 13 _.20.16. 2-13-Ib Conte diya STATE OF NEW YORK counTvor__f&k _: ss: consns_(2_dayor__ SA 20, beore me personally appearee_ Sein V. ySbsnee tame hnawn and krown to me tobe theiriduel cevesibe therein, and who excesta the foregoing instrument, and ackrowledged rome that he/she ‘executed the some STEVEN LOHR a ® Hota Poi seta Now Yorke 5 Gouiec a Negra comnty ‘ ag No SDSS ARNE My Commissior Exaires 92/92/20.5.. (28 event BOE COPY BOE copyBOE COPY BOE COPY perm 31,08 Tse 02 area eneinnin, 26227262 src - poem dk TA ag th Tee Ta ~~ BOE COPY BOE COPY|BoECopy = ~~ BOE COPY [ERIE COUNTY BOAKD OF ELECTIONS ELTNG RRCEIP? Deca o7/az/20is 08. 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CoN OO we ee Boag CAN Sra oF Ae Yolk Oaney Ny 10 Towal om “exanly ‘Total Number of Volumes in Petition b [dentification Numbers, ‘The petition contains the number, or in oxcees of the number, of valid signatures required by the Election Law. ‘Contact Person to Correct Deficiencies: kame Tiennsie Ve Dt PaeGrnl ‘Ghee pra Residence Address: nto 2@2 Koa AGT DS By WY eR a F _______ Prove: 4314s ra, —__ Cela otc by fx desired Thereby authorize that netice of any determination made by the Board of Elections be transmitted {to the person named above: Candidate or Agent BOE COPY BOE COPYBOE COPY BOE COPY Designating Petition - GREEN PARTY s< 61:2.nu0cnonLaw day eral ytr of tbe GREEN Fat and ened toe the met primary eon of September 32014 ht my pcs of nme tay aed apo my inate ere xd bers eae Toon or puns) anaconda sediat ore aminnten such parr paseo efor wean lo Nana) afCinliones Pac Oe Fine of Reese onPay Poationt) (Geoportal Sate Sete “ROO Ei Ron. 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