Professional Documents
Culture Documents
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
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
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
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,
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
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
WHEREFORE, your petitioner prays that the Court grant the relief sought herein and for
PETITIONERS’ VERIFICATION
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
___________________________
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