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STATE OF NEW YORX

UNIFIED COURT SYSTEM Montgomery County Surrogates Court

New Courthouse Room 50, 58 Broadway P.O. Box 1500 Fonda, New York 12068-1500 Thi 518-853-SIOS Fax 518-853-8230
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HON. Oily p. TOMLINSON

SURROGATE

ELLA L

BOWERMAN
CHIEF CLERIC

FAX TRANSMISSION SHEET

IF ANY OF THESE FAX PAGES ARE ILLEGiBLE OR YOU DiD NOT RECEIVE THE CORRECT NUMBER OF PAGES, PLEASE CONTACT US AT: 518-853-8108

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CHAMSRS OP SJ,nOGATC CcyIRT

STATE OF NEW YORK COUNTY OF MONTGOMERY FONDA, NEW Yox 12068 518/853-8108 FAX 518/853-8230
Gu P. IOMLJNSON
JUDQ LISA \MSZOM1RSKI Sretary DONM M. ROSS Courl Attoney

November 19. 2012 David Lewis Attorney at Law 225 Eroadway, Suite 3300 New York, New York 10007 Frank U. Hoare Attorney at Law
99 Pine Street

LETTERORDER
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Albany, New York 12207 RE: TELEPHONE CONFERENCES OF NOVEMBER 16 and 19, 2012 46 Senate District Election Case Montgomery County Supreme Court Index No. 2012-887
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Gentlemen: I write to confirm our conference of November 16 and the unscheduled conference of November 19, 2012. On November 16, Counsel for the parties confirmed the Court?s Order that if the canvass of paper ballots is not completed per the schedule, additional canvassing will continue in the evening, with multiple tables, and if not completed on the day scheduled, will continue the next morning with multiple tables until completed, notwithstanding the next county on the schedule will be commencing its canvass. The exception being that there would be no canvass on Thanksgiving Day (1/22/12) and on Sunday (11/25/12), with canvassing continuing on th Friday. November 23, 2012 and Saturday, November 24 and the following week. today, the Attorneys for the candidates agreed to change the paper ballot canvassing, based in part, upon Montgomery County having failed to provide its paper discovery and the Courts request to move up the canvassing for Ulster County The new schedule is as follows: Albany County to continue, if necessary. on 11/20/12, and the day after that crc, if necessary, until completioru Greene County to commence paper ballot canvassing on Tuesday, November 20, 2012 to continue the next day, and day after that eLy, if necessary, until completion.
and the next day, and the Eollowing Monday, etc, if necessary, until completion.

Schenectady County to commence on Wednesday, November21, 2012 to continue on Friday(1 2/23/12)

CONIJNUED on PAGE TWO

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Frank G. 1-hare, Attorney at Law David Lewis, Attorney at Law RE: 45th Senate District November 19, 2012 page two

Ulster County to commence on Friday, November 23. 2012 to continue on Saturday 11/24/12 and then Monday (1. 1/26) and the day after that ctc, if necessary, until completion. Montgomery County to commence on Friday. November 23,2012 to continue on the next day (Saturday 11/24) and then Monday. etc., until completion. A conference on November 29, 2012 at 2:00 p.m. will be followed by the hearing related to unopened paper ballots. It is the Courts goal to open all of the ballots so they may be voted for the other races (excepting t11 46 the LL Senate). The hearing will commence with Schenetady County and then Montgomery County, and they therefore must produce all unopened ballots in Court on the afternoon of Novembet 29. On Friday, November 30, the Court intends to proceed with the review of unopened ballots beginning with Albany, then Greene, and then Ulster County. If the canvassing has not been completed in any of these counties they are to report that to the Court and continue canvassing. The Court has indicated to Counsel that if we can certify all other races on December l, I will grant them additional time to prepare for the remainder of the hearing to be conducted before the Court. SO ORDERED!. Very truly yours,

ENTER

(Js
GPT/drn r
enclosures original: Tirnojjhy Riley. Chief Clerk

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C,-

HON. GUY P. TOMLINSON Acting Supreme Court Justice

cc:

New York State Board of Elections Albany County Board of Elections Greenc County Board of Elections Montgomery County Board of Elections Schenectady County Board of Elections Ulster County Board of Elections
Cour$ Ajt,rnays

of e five counfihes