AT A TERM OF THE
SUPREME COURT OF THE STATE
OF NEW YORK, FOR THE COUNTY
OF ERIE, ON THE “DAY
OF NOVEMBER, 2016
FREDERICK. SHALL
PRESENT: ah JSC.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
x
In the Matter of
KARL GIBAS, CHARLES SANKEY, TAMARA SANKEY
AMY MARINO, and JOANNE SKORKA five qualified voters
pursuant to Election Law Section 16-114.
Petitioners,
-against- ORDER TO SHOW
CAUSE
Andrew allt, Treasurer and FUNDFORGREAT dey My 2016-167
PUBLIC SChOOLS, Andrew Pallotta, Treasurer and wegen
THE NEW YORK STATE BOARD OF ELECTIONS, ees
Respondents. eee
x 2 ea
Upon the reading and filing of annexed Verified Petition, duly verified by the Attomey >
7
for the Petitioner David L. Lewis, on the 3” day of November, 2016, and upon all ofthe papers
and proceedings heretofore submitted and had herein, it is hereby
ORDERED, that respondents herein show cause before a Special Term of this court held
in and for the Coyaty of Erie at the Courthouse thereof, more specifically, at the Erie County
9% Franklin Sc
Courthouse, 25-Belaware-Averme Buffalo, NY 14202, New York, at 2:24n the forenoon of
1e~<the £7 Day of November, 2016, of as soon thereafter as counsel may be heard, why an order
of this court should not be made and entered pursuant to the provisions of Articles Fourteen and
Sixteen of the Election Law:
lL. An order declaring that New Yorkers for a Brighter Future is in violation of the
Independent Expenditure laws of Election Law § 14-107 by making a prohibited
contribution to Fund for Great Public Schools, an affiliated independent expenditure
committee in the amount of $700,000;
2. ‘An order directing and requiring the respondent New Yorkers for a Brighter
Future to adhere to the request NYS Board of Elections request and amend its registration
documents filed with Respondent New York State Board of Elections indicating a proper
committee type in which they are operating and identify candidates they are formed to
support and/or oppose;
3. Amorder directing and requiring the Respondent Fund for Great Public Schools to
forthwith refund $700,000 to New Yorkers for a Brighter Future;
3. A Temporary Restraining Order (TRO) under CPLR § 6313 against the Fund for
Great Public Schools to prevent expenditure or future expenditure of prohibited funds,
4 A preliminary injunction against New Yorkers for a Brighter Future regarding
spending or fund raising until they have filed registration documents in accordance with
Article 14 of the Election Law;
5. Granting Petitioners such other and further relief as this Court deems just and
proper; and itis furtheroof temporarily enjoined from ™
receiving or transferring, or donating any monies in
aq temporarily enjoined from transfen ending or donating any monies in any political
race pending further-orderof-thir Court,
SUFFICIENT REASON APPEARING THEREFORE, leave is hereby granted to the
Petitioners to submit on the date set for the hearing or the trial of this matter additional witnesses,
exhibits, proofs and other evidence as may be necessary, and,
SUFFICIENT REASON APPEARING THEREFORE, leave is hereby granted to the
Petitioner to amend his pleadings as may be necessary, and,
SUFFICIENT CAUSE APPEARING THEREFORE, IT IS FURTHER
ORDERED, that petitioners shall cause copies of this order together with all of the
ancillary papers thereto, upon which this order was granted upon Respondents in person
= : : , :
all-the-respondents—vie-Express-viait ami tepostting-same-with-an-O11ice OF tepository-of
q
ne : : :
URS) on or before November 7, 2016, or-aiternatively,at the option of the Petitioner,
: ; ne f : Aen
0 tt cas fs ane
or alternatively, at the option of the Petitioner, any other means of service allowed by the
CPLR on or before November 9 , 2016, and that such service shall be deemed due,-
timely, good and sufficient service thereof, and such service shall constitute sufficient notice
hereof.
ENTER:
DATED: NOVEMBER € , 2016
jupreme Court
RICK J. MARSHALL
GRANTED
V 04 2016
Om
Rachel MAston
COURT CLERK
eee ey