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85007/2022
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Supreme Court of the State of New York

County of Richmond
----------------------------------------------------------------------- x

VITO J. FOSSELLA, NICHOLAS A. LANGWORTHY,

JOSEPH BORRELLI, NICOLE MALLIOTAKIS, ANDREW
LANZA, MICHAEL REILLY, MICHAEL TANNOUSIS,
INNA VERNIKOV, DAVID CARR, JOANNA RIOLA,
VICKIE PALADINO, ROBERT HOLDEN, GERARD
KASSAR, VERALIA MALLIOTAKIS, MICHAEL PETROV,
WAFIK HABIB, PHILLIP YAN HING WONG, NEW
YORK REPUBLICAN STATE COMMITTEE, and
REPUBLICAN NATIONAL COMMITTEE,

Plaintiffs,

- against -
NOTICE OF APPEAL
ERIC ADAMS, in his official capacity as Mayor of
Index No. 85007/2022
New York City, BOARD OF ELECTIONS IN THE CITY
OF NEW YORK, and CITY COUNCIL OF THE CITY OF
NEW YORK,

Defendants,
- and -

HINA NAVEED, ABRAHAM PAULOS, CARLOS VARGAS

GALINDO, EMILI PRADO, EVA SANTOS VELOZ,
MELISSA JOHN, ANGEL SALAZAR, MUHAMMAD
SHAHIDULLAH, and JAN EZRA UNDAG,

Defendant-Intervenors.

----------------------------------------------------------------------- x

PLEASE TAKE NOTICE that defendants Eric Adams, in his official capacity as

Mayor of New York City, and the City Council of the City of New York appeal to the

Appellate Division, Second Department, from the decision and order of Supreme

Court, Richmond County (Porzio, J.) dated and entered June 27, 2022 (NYSCEF

Nos. 172–174).

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Dated: New York, New York HON. SYLVIA O. HINDS-RADIX

July 22, 2022 Corporation Counsel
of the City of New York

By: ____________________________
MACKENZIE FILLOW
Assistant Corporation Counsel
100 Church Street
New York, New York 10007
212-356-0817
dslack@law.nyc.gov

To: O’CONNELL & ARONOWITZ, P.C.

54 State Street
Albany, New York 12207
518-462-5601
mhawrylchak@oalaw.com
Counsel for Plaintiffs

STROOCK & STROOCK & LAVAN LLP

180 Maiden Lane
New York, New York 10038
212-806-5400
jgoldfeder@stroock.com
Counsel for Board of Elections
in the City of New York

LATINOJUSTICE PRLDEF
475 Riverside Drive, Suite 1901
New York, New York 10115
212-739-7580
fvargasdeleon@latinojustice.org
Counsel for Defendants-Intervenors

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Supreme Court of the State of New York

Appellate Division: Second Judicial Department
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil

Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.

VITO J. FOSSELLA, NICHOLAS A. LANGWORTHY, JOSEPH BORRELLI, NICOLE MALLIOTAKIS, ANDREW LANZA,
MICHAEL REILLY, MICHAEL TANNOUSIS, INNA VERNIKOV, DAVID CARR, JOANNA RIOLA, VICKIE PALADINO,
ROBERT HOLDEN, GERARD KASSAR, VERALIA MALLIOTAKIS, MICHAEL PETROV, WAFIK HABIB, PHILLIP YAN
HING WONG, NEW YORK REPUBLICAN STATE COMMITTEE, and REPUBLICAN NATIONALCOMMITTEE, Plaintiffs,
Date Notice of Appeal Filed
- against -
ERIC ADAMS, in his official capacity as Mayor of New York City, BOARD OF ELECTIONS IN THE CITY OF NEW YORK, CITY
COUNCIL OF THE CITY OF NEW YORK, Defendants, For Appellate Division
- and -
HINA NAVEED, ABRAHAM PAULOS, CARLOS VARGAS GALINDO, EMILI PRADO, EVA SANTOS VELOZ, MELISSA JOHN,
ANGEL SALAZAR, MUHAMMAD SHAHIDULLAH, and JAN EZRA UNDAG, Defendant-Intervenors.

Case Type Filing Type

‫ ܆‬Civil Action ‫ ܆‬CPLR article 78 Proceeding ‫ ܆‬Appeal ‫ ܆‬Transferred Proceeding

‫ ܆‬CPLR article 75 Arbitration ‫ ܆‬Special Proceeding Other ‫ ܆‬Original Proceedings ‫ ܆‬CPLR Article 78
‫ ܆‬Habeas Corpus Proceeding ‫ ܆‬CPLR Article 78 ‫ ܆‬Executive Law § 298
‫ ܆‬Eminent Domain ‫܆‬ CPLR 5704 Review
‫ ܆‬Labor Law 220 or 220-b
‫ ܆‬Public Officers Law § 36
‫ ܆‬Real Property Tax Law § 1278

Nature of Suit: Check up to WKUHH of the following categories which best reflect the nature of the case.

‫ ܆‬Administrative Review ‫ ܆‬Business Relationships ‫ ܆‬Commercial ‫ ܆‬Contracts

‫ ܆‬Declaratory Judgment ‫ ܆‬Domestic Relations ‫ ܆‬Election Law ‫ ܆‬Estate Matters
‫ ܆‬Family Court ‫ ܆‬Mortgage Foreclosure ‫ ܆‬Miscellaneous ‫ ܆‬Prisoner Discipline & Parole
‫ ܆‬Real Property ‫ ܆‬Statutory ‫ ܆‬Taxation ‫ ܆‬Torts
(other than foreclosure)

Informational Statement - Civil

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Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
‫ ܆‬Amended Decree ‫ ܆‬Determination ‫ ܆‬Order ‫ ܆‬Resettled Order
‫ ܆‬Amended Judgement ‫ ܆‬Finding ‫ ܆‬Order & Judgment ‫ ܆‬Ruling
‫ ܆‬Amended Order ‫ ܆‬Interlocutory Decree ‫ ܆‬Partial Decree ‫ ܆‬Other (specify):
‫ ܆‬Decision ‫ ܆‬Interlocutory Judgment ‫ ܆‬Resettled Decree
‫ ܆‬Decree ‫ ܆‬Judgment ‫ ܆‬Resettled Judgment
Court: Supreme Court County: Richmond
Dated: 06/27/2022 Entered: 06/27/2022
Judge (name in full): Hon.Ralph J. Porzio Index No.: 85007/2022
Stage: ‫ ܆‬Interlocutory ‫ ܆‬Final ‫ ܆‬Post-Final Trial: ‫ ܆‬Yes ‫ ܆‬No If Yes: ‫ ܆‬Jury ‫ ܆‬Non-Jury
Prior Unperfected Appeal ĂŶĚZĞůĂƚĞĚĂƐĞInformation

Are any appeals arising in the same action or proceeding currently pending in the court? ■ No
տ Yes տ
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.

Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:

Original Proceeding

Commenced by: ‫ ܆‬Order to Show Cause ‫ ܆‬Notice of Petition ‫ ܆‬Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:

Proceeding Transferred Pursuant to CPLR 7804(g)

Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
By decision and order of Supreme Court, Richmond County (Porzio, J.), among other things, denied
defendants' dispositive motions, granted summary judgment to plaintiffs, declared Local Law No. 11 of
2022 null and void, and permanently enjoined defendants from registering non-citizens to vote.

Informational Statement - Civil

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Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review͕ƚŚĞŐƌŽƵŶĚƐ
ĨŽƌƌĞǀĞƌƐĂů͕ŽƌŵŽĚŝĨŝĐĂƚŝŽŶƚŽďĞĂĚǀĂŶĐĞĚĂŶĚƚŚĞƐƉĞĐŝĨŝĐƌĞůŝĞĨƐŽƵŐŚƚŽŶĂƉƉĞĂů͘
Did Supreme Court err in, among other things, denying summary judgment to the City Council and the
Mayor and in granting summary judgment to plaintiffs, where Local Law No. 11 of 2022 is consistent with
the State Constitution, Election Law, and Municipal Home Rule Law?

Party Information

Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.

No. Party Name Original Status Appellate Division Status

1 VITO J. FOSSELLA Plaintiff Respondent
2 NICHOLAS A. LANGWORTHY Plaintiff Respondent
3 JOSEPH BORRELLI Plaintiff Respondent
4 NICOLE MALLIOTAKIS Plaintiff Respondent
5 ANDREW LANZA Plaintiff Respondent
6 MICHAEL REILLY Plaintiff Respondent
7 MICHAEL TANNOUSIS Plaintiff Respondent
8 INNA VERNIKOV Plaintiff Respondent
9 DAVID CARR Plaintiff Respondent
10 JOANNA RIOLA Plaintiff Respondent
11 VICKIE PALADINO Plaintiff Respondent
12 ROBERT HOLDEN Plaintiff Respondent
13 GERARD KASSAR Plaintiff Respondent
14 VERALIA MALLIOTAKIS Plaintiff Respondent
15 MICHAEL PETROV Plaintiff Respondent
16 WAFIK HABIB Plaintiff Respondent
17 PHILLIP YAN HING WONG Plaintiff Respondent
18 NEW YORK REPUBLICAN STATE COMMITTEE Plaintiff Respondent
19 REPUBLICAN NATIONALCOMMITTEE Plaintiff Respondent
20 ERIC ADAMS Defendant Appellant

Informational Statement - Civil

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Attorney Information

Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.

Attorney/Firm Name: Michael Y. Hawrylchak/O'Connell & Aronowitz, P.C.

Address: 54 State Street
City: Albany State: NY Zip: 12207 Telephone No: 518-462-5601
E-mail Address: mhawrylchak@oalaw.com
Attorney Type: ‫ ܆‬Retained ‫ ܆‬Assigned ‫ ܆‬Government ‫ ܆‬Pro Se ‫ ܆‬Pro Hac Vice
Party or Parties RepresenteĚ(set forth party number(s) from table aboveͿ: 1-19
Attorney/Firm Name: Hon. Sylvia O. Hinds-Radix/New York City Law Department
Address: 100 Church Street
City: New York State: NY Zip: 10007 Telephone No: 212-356-2500
E-mail Address: nycappeals@law.nyc.gov (for urgent matters, cc: cplatton@law.nyc.gov & dslack@law.nyc.gov)
Attorney Type: ‫ ܆‬Retained ‫ ܆‬Assigned ‫ ܆‬Government ‫ ܆‬Pro Se ‫ ܆‬Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ: 20, 22
Attorney/Firm Name: Jerry H. Goldfeder/Stroock & Stroock & Lavan LLP
Address: 180 Maiden Lane
City: New York, New York State: NY Zip: 10038 Telephone No: (212) 806-5400
E-mail Address: jgoldfeder@stroock.com
Attorney Type: ‫ ܆‬Retained ‫ ܆‬Assigned ‫ ܆‬Government ‫ ܆‬Pro Se ‫ ܆‬Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ: 21
Attorney/Firm Name: Fulvia Vargas-De Leon/LatinoJustice PRLDEF
Address: 475 Riverside Drive, Suite 1901
City: New York State: NY Zip: 10115 Telephone No: 212-739-7580
E-mail Address: fvargasdeleon@latinojustice.org
Attorney Type: ‫ ܆‬Retained ‫ ܆‬Assigned ‫ ܆‬Government ‫ ܆‬Pro Se ‫ ܆‬Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ: 23-31
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: ‫ ܆‬Retained ‫ ܆‬Assigned ‫ ܆‬Government ‫ ܆‬Pro Se ‫ ܆‬Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: ‫ ܆‬Retained ‫ ܆‬Assigned ‫ ܆‬Government ‫ ܆‬Pro Se ‫ ܆‬Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ:

Informational Statement - Civil

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Additional Party Information

21 BOARD OF ELECTIONS IN THE CITY OF NEW YORK Defendant Respondent

22 CITY COUNCIL OF THE CITY OF NEW YORK Defendant Appellant

23 HINA NAVEED Defendant-Intervenor Respondent

24 ABRAHAM PAULOS Defendant-Intervenor Respondent

25 CARLOS VARGAS GALINDO Defendant-Intervenor Respondent

26 EMILI PRADO Defendant-Intervenor Respondent

27 EVA SANTOS VELOZ Defendant-Intervenor Respondent

28 MELISSA JOHN Defendant-Intervenor Respondent

29 ANGEL SALAZAR Defendant-Intervenor Respondent

30 MUHAMMAD SHAHIDULLAH Defendant-Intervenor Respondent

31 JAN EZRA UNDAG Defendant-Intervenor Respondent

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CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
173 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
173 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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FILED: RICHMOND
FILED: RICHMOND COUNTY
COUNTY CLERK
CLERK 07/22/2022
06/27/2022 09:02
10:36 AM
AM INDEX NO.
INDEX NO. 85007/2022
85007/2022
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 180
174 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/27/2022
07/22/2022

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