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upon reaarng rne annexea Hrriaavit OT Lnrisropner m r K e swurrt LU urt JUIY L O , - ~ ~ W ~ I Z L I I W
with the exhibits thereto, LET Michael McSweeney, City Clerk of the City of New York, and the
Board of Elections in the City of New York, show cause before this Court at Part thereof, to be
held a t the Courthouse located a t 60 Centre Street on August 7, 2009, at 9:30AM, or as soon
thereafter as the parties can be heard, why an Order should not be made appointing a Special
Referee, as an officer of the Court for the purpose of examining and validating or rejecting, and
reporting said findings to the Court, regarding the 52,000 signatures delivered to the Clerk of
the City Council of the City of New York on June 24,2009, in accordance with Sections 37 and
24 of the MHRL, and subsequent t o the receipt of said report from the Special Referee,
scheduling a Hearing, so that Plaintiffs and Counsel may be heard on other outstanding issues
of Law, since Plaintiffs are convinced that a significant legally determinative number of the
Petitions were illegally rejected and are valid in accordance with the relevant Sections 37 and
24 of the MHRL Accordingly, Plaintiffs also request such other and further relief as this Court
may deem just and proper.
March 29,2009
1
Ciaran Canavan
75 Margaret Street, Staten Island, NY 10308
(917) 882-9360
Sharron Clemons
218 Broad Street, Apt. 50, Staten Island, NY 10304
BY:
Christopher Burke
50-15 3SfhSt. Apt. 3F
Long Island City, NY 11101
34 Crown Street,
Staten Island, NY, 10312
7183442716
Jean Canavan
75 Margaret Street, Staten Island, NY 10308
(917) 882-9360
Plaintiffs pro se
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Christopher Burke, Cieran Canavan, Jean Canavan, New York County
Anthony Badillo, and Sharron Clemons, individually and Index No.
on behalf of the approximately Part
52,000 signers of a Petition Filed Pursuant to ( 1
Sections 37 and 24 of the New York State Municipal
Home Rule Law, AFFIDAVIT IN
Plaintiffs SUPPORT OF THE
I ORDER TO SHOW CAUSE FOR
THE APPOINTMENT OF A SPECIAL
-against- REFEREE TO CONDUCT AN
I NDEPENDENT
MICHAEL McSWEENEY as City Clerk of the City of RE-VALIDATION OF CITIZENS
New York and Clerk of the City Council of New York and PETITION SIGNATURES
the BOARD OF ELECTIONS in the City of New York GATHERED UNDER SEC. 37 OF THE
NEW YORK STATE MUNICIPAL
Defendants HOME QULE LAW
1. My brother, Thomas Daniel Burke, lost his life on September 11, 2001.
2. He was working for Cantor Fitzgerald on the 105'h floor of the North Tower,
1World Trade Center, when the American Airlines jetliner struck the building a
few floors below.
4. I make this affidavit on behalf of many other family members who, like me,
lost relatives on that fateful day and note that three of them have joined with me
to be Plaintiffs in making this request. I know they share my sense of urgency due
t o the strict timelines imposed upon such Petition efforts and the fact that the
Defendant served his rejection letter on the last day thereby allowing us only five
days t o bring this matter before this Honorable Court.
10. I know from the report issued by the Defendants that some 24,664
signatures, that we believe were legally obtained, subject to NYC CAN quality
control inspection, and consequently, are legally valid signatures of registered
and qualified New York City voters, were somehow declared invalid. In addition
there appear to be another 1,333 that do not seem to have been considered a t
all.
11. In light of the provisions of Sections 24 and 37 of the Municipal Home Rule
Law, (attached hereto as Exhibit B) and the consequent authority of this Court, I
respectfully hope that the process of re-validation, which is the purpose of the
Order to Show Cause before this Honorable Court, would provide answers to
these and other questions raised by the Defendants’ rejection of the signatures
and the Petition. (A true and exact copy the Petition is attached hereto as Exhibit
C).
Anthony Badillo, nephew of Thomas Joseph Sgroi, who worked for Marsh and
McLennan on the 92ndfloor of the South Tower;
13. In light of all of the foregoing and in the interests of Justice, I respectfully
request that this Honorable Court grant the relief sought by the Plaintiffs in the
Order t o Show Cause as well as such other further relief that the Court deems just
and proper.
Christopher Burke
M.Jossph Cum
Notrary Pylslic, state of New York
Sworn before me this No. 01CU6196713
Qualified in New York County
2gthday of July, 2009 Commission Ewpires November 17.20,