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Decided on August 9, 2010
Supreme Court, Nassau County
Elizabeth Berney, Petitioner,
against
Philip Ragusa (individually and as Chairman of the Queens County Republican Committee (Ragusa Group) and the Queens County Republican Executive Committee (Ragusa Group); THE QUEENS COUNTY REPUBLICAN COMMITTEE (Ragusa Group), THE QUEENS COUNTY REPUBLICAN EXECUTIVE COMMITTEE (Ragusa Group); THE NEW YORK STATE BOARD OF ELECTIONS; and JAMES MILANO, Respondents.






013109-10

Plaintiff's Counsel: Vitor M. Serby, Esq.
Defendant's Counsel (Ragusa): Joseph Dubowski, Esq.
Defendant's Counsel (Milano): Darryl Fox, Esq.
Timothy S. Driscoll, J.

This matter is before the Court for decision on 1) the Order to Show Cause filed by Petitioner Elizabeth Berney ("Petitioner" or "Berney") (Motion Sequence No. 1) on July 9, 2010, and 2) the Motion filed by Respondent James Milano ("Milano") (Motion Sequence No. 2) on July 27, 2010, both of which were submitted on July 28, 2010. Petitioner's Order to Show Cause seeks to invalidate the designating petitions ("Designating Petitions") filed with the Nassau County Board of Elections ("BOE") designating Respondent Milano as a candidate for the Republican nomination for the Fifth Congressional District of New York in the primary election to be held onSeptember 14, 2010. Milano's motion seeks dismissal of Petitioner's Order to Show Cause on the following grounds: 1) documentary evidence, 2) the statute of limitations and statute of frauds,3) failure to state a cause of action, 4) lack of personal jurisdiction, 5) failure to join a necessary party, and 6) Election Law

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New York Law