At a term of the Supreme Court of the State of New York, held at the Courthouse for the Albany County

Supreme Court, in the City of Albany, New York on the day of June, 2011. PRESENT: HaN: _ _ _ _ _ _ _ _ _ _ __ JUSTICE PRESIDING

NEW YORK STATE UNITED TEACHERS, by its President RICHARD C. IANNUZZI; GARY T. FERNANDO, Individually and as President of the Islip Teachers Association; JENNIFER ROMER, Individually and as President of the East Greenbush Teachers Association; and SHELL Y PACKER, Individually and as President of the Greenburgh Teachers Federation, Plaintiffs-Petitioners, ORDER TO SHOW CAUSE

Index No.: -against BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK; MERRYL H. TISCH, as Chancellor of the Board of Regents; NEW YORK STATE EDUCATION DEPARTMENT; and JOHN B. KING, JR., as Commissioner of the New York State Education Department, Defendants-Respondents.

_~_ _ __

Date Filed: - - - - - -

Oral argument is Requested.

UPON THE READING AND FILING of the annexed summons/notice of petition and complaint/petition, verified on the 27th day of June, 2011, the annexed affidavit of James D. Bilik, Esq., sworn to on the 27th day ofJune, 2011, the affidavit ofPauline R. Kinsella, sworn to on the 27th day of June, 2011, the affidavit of Daniel Kinley, sworn to on the 27th day of June, 2011, with annexed exhibits, the affidavit of Gary T. Fernando, sworn to on the 20th day of June, 2011, the

affidavit of Jennifer Romer, sworn to on the 20 th day of June, 2011, and the affidavit of Shelly Packer, sworn to on the 20th day of June, 2011, with annexed exhibits, LET THE DEFENDANTS SHOW CAUSE, at a term of this Courtto beheld in and for the County ofAlbany at the Albany County Courthouse on the day of 2011 at a.m.

that day, or as soon thereafter as counsel can be heard, why an order and judgment should not be entered in this proceeding: Preliminarily enjoining defendants, their agents, assigns and all persons associated with them from implementing or enforcing certain regulations, as enumerated in the annexed complaint. Sufficient cause appearing therefore, it is ORDERED, that service of conformed copies of this Order, together with copies of the supporting papers upon which it is based and any other additional supporting affidavits, shall be made by serving an Assistant Attorney General ofthe State ofNew York at the Albany Office ofthe Attorney General and by serving each named defendant or their agents for receipt of service before o'clock p.m. on _ _ _ _ _, 2011, by either personal service, service by overnight mail, or service by electronic means by sending PDF files containing the papers to an email address designated for such purpose; such service shall be deemed good and sufficient service; and it is further ORDERED, that copies of all responsive papers on behalf of defendants shall be served on the Office of Richard E. Casagrande, Esq., attorney for plaintiffs at 800 Troy-Schenectady Road, Latham, New York 12110, on or before
0' clock p.m.

on _ _ _ _ _,' 2011, by either personal

service, service by overnight mail, or service by electronic means by sending PDF files containing the papers to an email address designated for such purpose; such service shall be deemed good and sufficient service; and it is further

ORDERED that copies of all reply papers on behalf of plaintiff shall be made by serving an Assistant Attorney General of the State of New York at the Albany Office of the Attorney General and by serving each named defendant or their agents for receipt of service before o'clock p.m.

__ ______,2011, by either personal service, service by overnight mail, or service by electronic

means by sending PDP files containing the papers to an email address designated for such purpose; such service shall be deemed good and sufficient service. DATED: ___________

Justice of Supreme Court ENTER:

95046/cwal141