05/28/2002 21:53 = 2127532521 BARRY LEWIS PAGE 61/68 [At Special Election Part 49 of the Supreme Court of the State of New York, held in and for the County of New York, in Room 232 of the Supreme Court Courthouse thereof, ‘New York, New York, on the 1} day of August, 2004 PRESENT: Hon: Justice ~ xX JN THE MATTER OF THE APPLICATION OF ROBERT K. JERESKI AS CANDIDATE AGGRIEVED SEEKING THE DEMOCRATIC Index No.11 1401/04 PARTY DESIGNATION FOR THE PUBLIC OFFICE OF REPRESENTATIVE IN CONGRESS, {48 CONGRESSIONAL DISTRICT, NEW YORK STATE Petitioner, ee ale & NANCY MOTTOLA SCHACHER, TERRENGE. Ye fp O'CONNOR, DOUGLAS A. KELLNER, Ap fis, RONALD DANGELO, FREDERIC M. UMANE, ge, WEYMAN A. CAREY, NERO GRAHAM, JR., MARK B. HERMAN, STEPHEN H. WEINER, MICHAEL J. CLIMI, BEING THE COMMISSIONERS OF THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, MA aS Regpindets ex- i i Eud |e \o05/28/2002 21:53 = 2127532521 BARRY LEWIS PAGE 62/68 -and- CAROLYNB. MALONEY, AS CANDIDATE AND INCUMBENT, STATE OF NEW YORK) ) ss COUNTY OF NEW YORK ) JA VIT OF SERVICE Robert P, D'Amato, being duly sworn, depose and says that: 1. Tam not a party to the undestying action, am over 18 years of age and reside at 2. On August 9, 2004, I served the Order to Show Cause and petition and papers appended thereto bearing Index No. 111401/04. upon the persons listed below and under the circumstances recounted herein: a 1¢ Board of Hlecti ssi ereof: I presented them to William Truscio, at 32 Broadway in the County and State of New ‘York, at approximately 1:45 p.m., who received them and was authorized to do so on behalf of the Board of Elections and its Commissioners; ». To it iscretion, Estelle. staff Member tituent 1d Chiof of Staff’ atthe place of business Malon a Manne thos AD21:53 = 2127532521 BARRY LEWIS PAGE 63/68 Larrived at the place of business of the incumbent candidate and respondent to the underlying proceedings, Carolyn B. Maloney, at 1651 3" avenue between 92% and 96” Strect. I presented myself to Estelle, a woman who appeared to be approximately '55 years old, who was staffing the front desk. She asked me how she could be of service. I told Estelle I wished to speak with the Chief of Staff of Caratyn B. Maloney decause I wished to express my dissatisfaction to her with the Queens office representing Carolyn B. Maloney. After ten minutes, I was introduced by Estelle to ‘Minna Elias, Maloney’s Chief of Staff. I asked Minna Elias if I could speak with Carolyn B. Maloney as well. Ms. Elias stated to me that Carolyn B. Maloney was in Asia at the time. Elias further declared that she had no fax or phone aumber where. Carolyn B. Maloney conld be reached. 1 asked Minna Blias if she was authorized to accept service of court papers on behalf of Carolyn Maloney. She responded that she ‘was not. I left the office at approximately 2:15 pm and then retumed approximately five minutes later to ask if the office would fax court papers to Ms. Maloney’s ‘Washington D.C. office to be forwarded to the Congresswoman. Sie said she would not. [additionally asked if Estelle had an address or phone number for Carolyn, Maloney’s campaign office. She stated that she did not. The staff member in charge of Constituent Services, a young woman approximately in her carly thirties, then approached us and asked if she could be of help. Estelle told her that I had met with Minna Elias and not to take anything from me. I asked the woman in charge of Constitnent Services if she would fax papers or accept service of court papers on. behalf of Carolyn Maloney. She said she would do neither. I then told them that I