Matter of Mayer v. Gates

2024 NY Slip Op 31576(U)
CourtNew York Supreme Court, Kings County
DecidedMay 1, 2024
StatusUnpublished

This text of 2024 NY Slip Op 31576(U) (Matter of Mayer v. Gates) is published on Counsel Stack Legal Research, covering New York Supreme Court, Kings County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Mayer v. Gates, 2024 NY Slip Op 31576(U) (N.Y. Super. Ct. 2024).

Opinion

Matter of Mayer v Gates 2024 NY Slip Op 31576(U) May 1, 2024 Supreme Court, Kings County Docket Number: Index No. 510951/24 Judge: Peter P. Sweeney Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: KINGS COUNTY CLERK 05/02/2024 11:25 AM INDEX NO. 510951/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/02/2024

At the Special Election Part 1 ofthe Supreme Court of the State of New York, held in and for the County of Kings,. at the Courthouse; at 360 Adams Street, Brnoklyn, New York, on the I st day ofMay,2024.

PRESENT:

HON. PETER P, SWEENEY, Justice. --------. ·. ------------------ ·-------.. ---------------- .-- .----- .---- .-X In the Matter of the Application of TERESA MAYER, ·Petitioners-Objectors,

-and-

LYDIA B. GREEN Petitioner,.Candidate,;Aggrieved,

-against- li1dex No.: 510951/24

SABRINA GATES,

·Respondent-Candidate;

BOARD OF ELECTIONS IN THE CITY OF NEWYORK,

For an order, pursuant to sections 16-100, 16-102, and 16-116 ofthe Election Law, declaring; invalid and striking out the petition. purporting to· designate the Respondent~Candidate named herein as a Candidate for the Patty Position of Member of the Democratic State Corrimittee from the 52nd Assembly District, New York State, in the Democratic primary election to be held on the 25th day of June, 2024, and restraii1itig the Board of Elections from placing the name of said Respondent-Candidate on the ballots to be. used at such primary ele.ction. ----------- .------- . -.--· -... -- .----- . ------- . - ·. ------------------ ·x The following e-filed papers read herein: NYSCEF Doc Nos.:

Notice. of Motion/Order to·Show Cause/ Peti.tion/Cross Motion and Affidavits (Affinnations) Annexed_______ 1 5•. 9--12 Opposing Affidavits/ Answer (Affinnation$) _ _ __ 8

1 of 31 [* 1] FILED: KINGS COUNTY CLERK 05/02/2024 11:25 AM INDEX NO. 510951/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/02/2024

Affidavits/ Affomations in Reply _ _ _ _ _ __ Other Papers: BOE voter registration records Exhibits· 1-22

Upon the foregoing papers, petitioner-objector Theresa M11yer and petitiom:r-

ca:ndidate aggrieved Lydia B. Green (collectively the objectors) seek an order declaring

invalid respondent-candidate Sabrina Gates' (respondent;.candidate) designating petition

for the party po;;ition of Member of the Democratic State Committee from the 52nd

Assembly District, New York State, in theDetnocratic primary election to be held on June

25, 2024.

Respondent'."candidate filed a dc:signating petition for this position with the New

York City Board of Elections (the Board) consisting of three volumes (KG 24000541, KG

24000542 and KG 54000572 (hereinafter volume 54L volume 542 and volume 572~

respectively). Subsequently, the objectors filed general and specifications of objections·

against the designating petition. TheBoardfeviewed the specifications ofobjections and

prepared a clerk's report which found that the designating petition contained 513 valid

signatures, which was 13 more than the 500 valid signatures required for placementon the

ballot for this position .. The clerk's report was·later adopted by the Board's Commissioners.

Court-'appointed special referees conducted a line-by,..Iine review of the Board's "As

Specified'" (AS} and •"Not as Specified'" {NAS) rulings, as well as de novo specifications

of objections to the_ designating petition that were filed with the court by the objectors on

the return date, April 22, 2024. The special referees found that the designating petition

contained 533 valid signatures.

2 of 31 [* 2] FILED: KINGS COUNTY CLERK 05/02/2024 11:25 AM INDEX NO. 510951/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/02/2024

On April 30, 2024, the parties appeared before this>court, at which pointthe special

referees' report was read into the record. The courtnotes that upon further review of the

special referees' rulings on the spec_ifications of objections, a mathematical error was

detected in Volume 541, on sheet 15 in that there were only 5 valid signatures_. not 6 as

previously reported by the special referees, bringing; the total number of valid signaturesto

532 rather than 533. Following the special referees' report, counsel for the objectors and

the respondent-candidate presented their exceptions to the special referees' rulings. Upon

a carefulreview, the court sustained the following exceptions which fell into the categories

set forth below:

Objectors' Exceptions to Line-By-Line Review

Printed Signature (PR)

The objectors contested several of the special referees' rillihgs detertnining that a

signature was not a print. After reviewing copies of the voter registration records of all

contested signatories (which was sul:nnitted by objectors), the court ovenules five of the

special referees' rulings pertaining to signatures appearing at: (1) volume 542, sheet 14,

line 8; {2}volwne 542, sheet 39, line 6; (3) volume 542, sheet 49, line 7; (4) volume 542,

sheet 60, line 4; and (5) volume 542, sheet 60, line 9. As to these signatures, the court

finds that they were in fact printed, which is contrary to the cursive signature appearing on

each signatory's voter registration record. Therefore, the above-referenced.signatures are

invalidated,

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Signatory Not Registered at Address Stated in Board's Records(NR)

In Volume 572, sheet 4, lirie 1, signatory Lee Seltzer affixed the address 129 Smith

Street, Brooklyn, next to his signature. This address is lbcated in the 52nd Assembly

District, the district involved herein. Bo"vever, a review of the Board;s records indicates

that Seltzer is registered to vote at 298 12 th Streetin Brooklyn, which is located in the 44th

Assembly District Accordingly, the court overrules the special referees' determination artd

finds that this signature is invalid (see generally Robleto v Gowda; 183 AD3d 673 [2020]).

Out of District (OD}

The special referees ruled that the signature in volume 572, sheet 17, at line 7 was

valid. The signature was objected to on the basis that the address listed adjacent to the

signature on this line was out of district The court overrules the special referees' ruling as

a review of the Board's records indicated that the address listed on the petition sheet is not

focated within the 52 nd Assembly District and, thus, is but bf district and invalid;

Subscribing Witness No:Nante (SWNN)

In vol urne 5 41, at sheet 15, the subscribing witness failed to insert a printed naine

m the subscribing witness statement section and the subscribing witness' signature

appearing at the bottom portion of the witness stateinent is completely illegible. As the

identity ofthe subscribingwitness could not be detennined based on their signature alone,

the court finds that the five signatures that were found vali4 on this sheet by the special

referees.. ate invalid..

4 of 31 [* 4] FILED: KINGS COUNTY CLERK 05/02/2024 11:25 AM INDEX NO. 510951/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/02/2024

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2024 NY Slip Op 31576(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mayer-v-gates-nysupctkings-2024.