These include, but are not limited to, Executive Order 202.1, issued on March 12, 2020, which limited any gathering or event anticipated to be fewer than five hundred people to 50% occupancy and Executive Order 202.3, issued on March 16, 2020, which modified Executive Order 202.1 to provide that "any large gathering or event. Cuomo has issued multiple Executive Orders related to setting limits on in-person gatherings. It is responsible for conducting all affairs of the Democratic Party organization of Kings County and exercises general authority over all committees within its jurisdiction.Īs a result of the COVID-19 pandemic, Governor Andrew M. The KCDCC is comprised of members elected biennially in even numbered years from each Election District within Kings County. Petitioners are elected members of the KCDCC, having been elected at the Democratic Primary Election held on June 23, 2020. KCDCC cross-moves for an order: (1) dismissing the verified petition pursuant to CPLR 30(b) CPLR 3211(a)(1), (2), (7), (8) and (10) and CPLR 1001. Petitioners Phyllis Ellington, Janice Henderson, Jorge Muniz-Reyes, Ernestina Monteiro, David Stein, Aaron Ouyang, Naomi Rabeeya, David Goldberg, Eric Kun, Elana Ehrenberg, and William Vega (collectively petitioners) move, by way of an order to show cause and verified petition, seeking, in addition to other injunctive and declaratory relief, a declaration that Respondent Kings County Democratic County Committee's ("KCDCC") newly adopted amendment to Article III of the Rules of Government of the KCDCC conflicts with Election Law§ 2-112 and is null and void. Reply Affidavits (Affirmations) 22-23, 27-28 The following e-filed papers read herein: NYSCEF Docket No.:Īffidavits (Affirmations) Annexed 1, 3, 14, 15-16 Kings County Democratic County Committee, Defendants.ĪBRAMS FENSTERMAN FENSTERMAN EISMAN FORMATO FERRARA WOLF & CARONE, LLP Phyllis Ellington, JANICE HENDERSON, JORGE MUNIZ-REYES, ERNESTINA MONTEIRO, DAVID STEIN, AARON OUYANG, NAOMI RABEEYA, DAVID GOLDBERG, ERIC KUN, ELANA EHRENBERG, ERNESTINA MONTEIRO, WILLIAM VEGA, Plaintiffs, This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Ellington v Kings County Democratic County Comm.
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