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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF BRONX
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In the Matter of the Application of }
}
Carlos "Charlie" Ramos, Jr. } VERIFIED
} PETITION TO
As Objector and Candidate of the Democratic Party for the Public } Invalidate a
Office of Member of the New York State Senate from the 32nd Senate } designating petition
District, Bronx County, State of New York }
Index No: 20781/2010
}
Petitioner(s),}
}
- against -
}
The Board of Elections in the City of New York, and Julie Dent; }
Juan Carlos “J.C.” Polanco; Jose Miguel Araujo; Nancy Mottola- }
Schacher; Naomi Barrera; Michael J. Ryan; J.P. Sipp; Gregory C. }
Soumas; Judith D. Stupp and Frederic M. Umane, Being the }
Commissioners of the Board of Elections in the City of New York }
}
Ruben Diaz }
}
For the Public Office of Member of the New York State Senate from }
the 32nd Senate District, Bronx County, State of New York }
}
Respondent(s),}
}
For an order declaring invalid and null and void the designating }
petition filed with the Respondent Board of Elections designating }
Respondent Ruben Diaz as Candidate of the Democratic Party for the }
public office of Member of the New York State Senate from the 32nd }
Senate District, Bronx County, State of New York to be voted upon in }
the Democratic Primary Election to be held on September 14, 2010 }
and compelling the New York City Board of Elections not to place the }
Respondent candidates’ name on the official ballots and voting }
machines for said Democratic Primary Election. }
}
}
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The petitioner Carlos "Charlie" Ramos, Jr. alleges as follows:

1. That the petitioner Carlos "Charlie" Ramos, Jr. resides at 1048 Manor Avenue, Bronx,

New York and is a duly enrolled voter in the Democratic Party in the 32nd New York

State Senate District of the State of New York and as such is eligible to be a candidate for
the public office of New York State Senate from the 32nd Senate District, Bronx County,

of the State of New York, to be voted upon at the Democratic Party Primary Election to

be held September 14, 2010.

2. That at all times hereinafter mentioned, The BOARD OF ELECTIONS IN THE CITY

OF NEW YORK; and James J. Sampel, Frederic M. Umane, Julie Dent, Juan Carlos

“JC” Polanco, Nancy Mottola-Schacher, Gregory C. Soumas, Jose Miguel Araujo, Naomi

C. Barrera, J.P. Sipp, and Judith D. Stupp, the Commissioners of Elections, are charged

with the duty of receiving and filing nominating petitions for public office and/or party

positions to be voted upon at the Primary Election to be held September 14, 2010.

3. That on or about the 12th day of July, 2010, designating petitions were filed with the New

York City Board of Elections in New York designating Respondent Ruben Diaz a

candidate for the public office of Member of the New York State Senate from the 32nd

Senate District, Bronx County, State of New York, to be voted upon at the Democratic

Party Primary Election to be held September 14, 2010.

4. General objections to the aforesaid nominating petitions were filed on or about the 13th

day of July, 2010, with the Respondent Board of Elections by Carlos “Charlie” Ramos,

Jr. and residing at 1048 Manor Avenue, Bronx, New York (See, Attached Exhibit A).

5. That the respondent Board of Elections has scheduled hearings on the objections on or

after the 29th day of July, 2010, which is after the last day to commence the within

proceeding, the last day under the Election Law of the State of New York being the 31st

day of July, 2010.

6. That the designating petitions herein designating the Respondent Ruben Diaz as

candidate for the public office of Member of the New York State Senate from the 32nd

Senate District, Bronx County, State of New York, is permeated with false registrants
pursuant to NYS Election Law § 17-104. Any person who knowingly permits, aids,

assists, abets, procures, commands or advises another to commit any such act, is guilty of

a felony (See, Attached Exhibits B). In addition, the designating petition, designating

the Respondent Ruben Diaz, is also permeated with fraud, improprieties, or irregularities,

contains non-registered and non-democratic party enrolled members, registered voters

who do not live in the 32nd Senatorial District, or sufficient number of valid registered

voters, voters that have signed another and prior petition, and lacks the requisite number

of signatures to satisfy the requirements of the Election Law of the State of New York

and the rules and regulations of the Board of Elections and for said reasons the

Respondent should not be entitled to have his name placed on the official ballots and

voting machines as candidate for the public office of Member of the New York State

Senate from the 32nd Senate District, Bronx County, State of New York, to be voted

upon at the Democratic Party Primary to be held September 14, 2010.

7. The petitioner has no adequate remedy at law.

8. The petitioner proceeds by way of Order to Show Cause rather than by notice of motion

because of the time limitation under the Election Law of the State of New York, said

proceeding herein to be commenced by the 31st day of July 2010; said time not having

elapsed.

9. Petitioner requests that the Board of Elections produce on the return date of this motion,

and any adjourned date the papers, books, records, etc., as requested in the within Order

to Show Cause.

10. Petitioner requests, because of the time limitations in these elections matters, and as is

customary in these matters and provided for in the Election Law of the State of New

York, alternate methods of service as requested in the Order to Show Cause.


11. No previous application for relief sought herein has been made.

WHEREFORE, your petitioner prays that the Court grant the relief sought herein and for

whatever may be just and proper on the premises.

Dated: Bronx, New York


July 28th, 2010
___________________________
Carlos "Charlie" Ramos, Jr.

PETITIONERS’ VERIFICATION

STATE OF NEW YORK )


) ss:
COUNTY OF BRONX )

Carlos "Charlie" Ramos, Jr. being duly sworn, deposes and says, that he is the Petitioner

herein and has read the foregoing Petition and knows it contents; that the same is true to his

knowledge except as to those matters herein alleged upon information and belief, and as to those

matters he believes them to be true.

___________________________
Carlos "Charlie" Ramos, Jr.
Sworn to before me this
____ day of July, 2010

____________________
Notary Public
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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In the Matter of the Application of }
}
Carlos "Charlie" Ramos, Jr. }
}
As Objector and Candidate of the Democratic Party for the Public }
Office of Member of the New York State Senate from the 32nd Senate} Index No: 20781/2010
District, Bronx County, State of New York }
}
}
Petitioner(s),}
}
- against -
}
The Board of Elections in the City of New York, and Julie Dent; }
Juan Carlos “J.C.” Polanco; Jose Miguel Araujo; Nancy Mottola- }
Schacher; Naomi Barrera; Michael J. Ryan; J.P. Sipp; Gregory C. }
Soumas; Judith D. Stupp and Frederic M. Umane, Being the }
Commissioners of the Board of Elections in the City of New York }
}
Ruben Diaz }
}
For the Public Office of Member of the New York State Senate from }
the 32nd Senate District, Bronx County, State of New York }
}
Respondent(s),}
}
For an order declaring invalid and null and void the designating }
petition filed with the Respondent Board of Elections designating }
Respondent Ruben Diaz as Candidate of the Democratic Party for the }
public office of Member of the New York State Senate from the 32nd }
Senate District, Bronx County, State of New York to be voted upon in }
the Democratic Primary Election to be held on September 14, 2010 }
and compelling the New York City Board of Elections not to place the }
Respondent candidates’ name on the official ballots and voting }
machines for said Democratic Primary Election. }
}
}
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Request for Judicial Intervention,
ORDER TO SHOW CAUSE to INVALIDATE AND VERIFIED PETITION

Carlos "Charlie" Ramos, Jr.


Petitioner
1048 Manor Avenue
Bronx, New York 10472
Tel: (347) 267-1007
Fax:

Part 130 Certification


CERTIFICATION: I hereby certify that all of the papers that I have served, filed or submitted
to the court in this action are not frivolous as defined in subsection (c) of Section 130-1.1 of the
Rules of the Chief Administrator of the Courts.

Dated: July 28th, 2010


Bronx, New York ______________________________
Carlos "Charlie" Ramos, Jr.
 

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