Court Order, 11-16-07
This order was issued in response to a Complaint filed by Mitchel Cohen and others.
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At an IAS Part 23 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse located at 80 Centre St., New York, New York on the 16th day of November 2007.
PRESENT: Hon. Richard P. Braun, J.S.C.
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Index No. 115399/07
MITCHEL COHEN, ROBERT GOLDBERG, ALEX STEINBERG, PATTY HEFFLEY, FRANK LeFEVER, JAMES ROSS, GAIL BLASIE, LINDA ZISES and SIDNEY SMITH, Plaintiffs,
--against--
ORDER TO SHOW CAUSE PACIFICA FOUNDATION, a California corporation, d/b/a WBAI RADIO, CASEY PETERS and DALE RATNER, Defendants.
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UPON reading and filing the affirmation of Thomas J. Hillgardner, Esq. dated November 16, 2007, the affidavit of plaintiff MITCHEL COHEN sworn to on the 16th day of November 2007, the affidavit of ROBERT GOLDBERG sworn to on the 16th day of November 2007, the affidavit of LINDA ZISES, sworn to on the 16th day of November 2007, the exhibits annexed hereto, and upon all the proceedings had herein heretofore LET defendants or counsel show cause before this Court at an IAS Part 23 of the Supreme Court of the State of New York, in and for the County of New York, located at 80 Centre.St., New York, New York, (Room 320 thereof) on the 29th day of November 2007 at 10:30 a.m. of that day, or as soon thereafter as counsel may be heard why an order should not be made:
(a) Pursuant to CPLR 6301, granting plaintiffs a preliminary injunction against the defendants to prevent them from counting the ballots of the WBAI Delegate election until all qualified voters who have not received ballots are given ballots and are provided with a reasonable opportunity to cast them;
(b) Any and such other further relief that to this Court seems just and proper under the premises.
SUFFICIENT CAUSE APPEARING
THEREFORE it is hereby ORDERED that pending the hearing of this motion, defendants PACIFICA, PETERS and RATNER are hereby directed to take custody of all ballots that have been returned by mail by November 15, 2007 from the Post Office, not to count them, and to place them in a securely taped and sealed box with three signatures across the tape including the signatures of PETERS or RATNER, or both of them;
and it is further ORDERED that service by personal delivery of a copy of this order to show cause and the papers in support thereof together with service of the summons and complaint upon the defendants on or before the 17th day of November, 2007, shall be deemed good and sufficient notice of this application.
SIGNED, Justice Richard P. Braun J.S.C.