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MATTER OF COMMON CAUSE N.Y. v. KOSINSKI

Index No. 911452-23.

2024 NY Slip Op 24134

IN THE MATTER OF COMMON CAUSE NEW YORK, THE BLACK INSTITUTE, SUSAN LERNER, KATHERINE MARSH WOLFRAM, MARTA GOMEZ, SUE ELLEN DODELL and JULIE GOLDENBERG, Petitioners, v. PETER S. KOSINSKI, AS CO-CHAIR and COMMISSIONER OF THE NEW YORK STATE BOARD OF ELECTIONS, DOUGLAS A. KELLNER, AS CO-CHAIR and COMMISSIONER OF THE NEW YORK STATE BOARD OF ELECTIONS, ANDREW J. SPANO, AS COMMISSIONER OF THE NEW YORK STATE BOARD OF ELECTIONS, ANTHONY J. CASALE, AS COMMISSIONER OF THE NEW YORK STATE BOARD OF ELECTIONS, and THE NEW YORK STATE BOARD OF ELECTIONS, Respondents, and ELECTION SYSTEMS & SOFTWARE, LLP, Intervenor-Respondent.

Supreme Court, Albany County.

Decided April 18, 2024.

Attorney(s) appearing for the Case

PHILLIPS NIZER, LLP ( Michael S. Fischman, Esq. of Counsel), 485 Lexington Avenue, New York, New York 10017, Attorneys for Petitioners.

HON. LETITIA JAMES , Attorney General for the State of New York, ( Lauren R. Eversley, Esq. , Assistant Attorney General of Counsel) The Capitol, Albany, New York 12224, Attorneys for Respondents.

Background

On November 28, 2023, Common Cause New York ("Common Cause"), The Black Institute, Susan Lerner, Katherine Marsh Wolfram, Marta Gomez, Sue Ellen Dodell, and Julie Goldberg (collectively "petitioners") commenced this CPLR Article 78 proceeding for a writ of mandamus to compel respondent...

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