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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ULSTER

THOMAS P. KRUGLINSKI; HAROLD CHORNY, LIN

SAKAI, and LAURA HARTMANN,
Index No.
Plaintiffs/Petitioners,

-against-
VERIFIED COMPLAINT
JOHANNA CONTRERAS AS ACTING ULSTER AND PETITION
COUNTY EXECUTIVE; COUNTY OF ULSTER;
REGIS OBIJISKI AS CHAIR OF THE ULSTER
COUNTY COMMISSION ON REAPPORTIONMENT;
ULSTER COUNTY COMMISSION ON
REAPPORTIONMENT; AND THE ULSTER COUNTY
BOARD OF ELECTIONS,

Defendants/Respondents.

Plaintiffs/Petitioners THOMAS P. KRUGLINSKI, HAROLD CHORNY, LIN SAKAI,

AND LAURA HARTMANN (hereinafter “Petitioners”), by their counsel, Law Office of Laura

Wong-Pan PLLC and Law Office of Lanny E. Walter, as and for their Petition and Complaint

against Defendants/Respondents, JOHANNA CONTRERAS AS ACTING ULSTER COUNTY

EXECUTIVE; COUNTY OF ULSTER; REGIS OBIJISKI AS CHAIR OF THE ULSTER

COUNTY COMMISSION ON REAPPORTIONMENT; ULSTER COUNTY COMMISSION

ON REAPPORTIONMENT; AND THE ULSTER COUNTY BOARD OF ELECTIONS

(hereinafter “Respondents”), allege as follows:

PRELIMINARY STATEMENT

1. This is a hybrid proceeding, including an action for a Declaratory Judgment

pursuant to CPLR §3001, and a special proceeding pursuant to CPLR Article 78 for appropriate

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relief in connection with the redistricting of Ulster County legislative districts following the 2020

census.

2. The Municipal Home Rule Law (MHRL), in combination with the Ulster County

Charter, permit the County to appoint members of a Commission on Reapportionment, who are

tasked with the responsibility of drawing a map of legislative districts that are designed, to the

extent possible, to ensure fair and equal representation.

3. In January 2021, a Commission on Reapportionment (“the Commission”) was

established within Ulster County in accordance with Section C-10 of the Ulster County Charter,

which requires that a Commission “meet as soon as practicable after the availability of data from

each decennial census to evaluate existing legislative districts to the maximum extent

practicable. . . and reapportion them as necessary to meet established standards in state and

federal law for each and fair representation of all people in Ulster County. . .” (Exhibit 1)

4. The Commission on Reapportionment met regularly through calendar year 2021

and into 2022, to review existing legislative districts, evaluate the census data, and redraw the

legislative district boundaries.

5. On October 27, 2021, a bill to amend New York State law was signed into law by

Governor Kathy Hochul, changing the standards for plans of redistricting adopted pursuant to a

county charter.

6. This new redistricting law, codified as amendments to sections 10 and 34 of New

York’s Municipal Home Rule Law, ensured that there are only minimal differences between the

population sizes of each county legislative district.

7. The new redistricting law also required the Commission to take into consideration

the goals of maintaining “cores of existing districts, of pre-existing political subdivisions,

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including cities, villages of towns, and of communities of interest. . .” MHRL §34(4)(e);

§10(1)(ii)(a)(13)(a)(v).

8. Similarly, the Ulster County Charter requires the Commission to “tak[e] into

account existing town, city, village and election district boundaries, defining geographic features,

and equal population within applicable law, but giving no consideration to providing advantage

to one or another political party.” (Exhibit 1/Ulster County Charter, §C-10(A)).

9. After a series of meetings, the Commission adopted a legislative district map on

July 13, 2022, but the map does not comply with the standards set in State law. This Court has

the authority to invalidate the unlawful Ulster County legislative redistricting map on two

separate and independent bases.

10. First, the Ulster County Commission on Reapportionment and the Ulster County

Board of Elections had and have no authority to enact the new map because the Commission did

not follow the rules required by State law for enacting county legislative district maps, which

limit the difference in populations sizes between the largest and smallest legislative district to no

more than 5% of the mean size of all the legislative districts combined. These mandates were set

in the October 2021 amendments to Municipal Home Rule Law, and render the map entirely

void.

11. Second, the Commission had no authority to enact the new map because it

reconfigures and divides multiple municipalities, such as Gardiner, Plattekill, and Shawangunk,

into multiple new legislative districts, which does not follow the rules in the amendments to

Municipal Home Rule Law requiring the Commission to take into consideration the existing

municipal boundaries and the cores of existing legislative districts.

12. The lines must be redrawn to maintain boundaries of existing communities and

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the cores of legislative districts, to the extent practicable, and the map is entirely void.

13. The Petitioners ask the Court to invalidate the current map and require the

Commission to reconvene and redraw the maps so that they comply with State law.

PARTIES

14. Petitioner Thomas Kruglinski is a registered, eligible, and active voter in the

County of Ulster, State of New York, residing in the Town of Gardiner, Ulster County.

Kruglinski resides in the proposed legislative district 16.

15. Petitioner Harold Chorny is a registered, eligible, and active voter in the County

of Ulster, State of New York, residing in the Town of Shawangunk, Ulster County. Chorny

resides in the proposed legislative district 16.

16. Petitioner Lin Sakai is a registered, eligible, and active voter in the County of

Ulster, State of New York, residing in the Town of Esopus, Ulster County. Sakai resides in the

proposed legislative district 9.

17. Petitioner Laura Hartmann is a registered, eligible, and active voter in the County

of Ulster, State of New York, residing in the Town of Ulster, Ulster County. Hartmann resides in

the proposed legislative district 4.

18. Respondent/Defendant (hereafter “Respondent”) County of Ulster is a County

within the State of New York and Respondent Johanna Contreras is the Acting County Executive

of the County of Ulster.

19. Respondent Regis Obijiski was appointed as the permanent Chair of the Ulster

County Commission on Reapportionment, after a series of rotating Chairs.

20. Respondent Ulster County Commission on Reapportionment is the body duly

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created under Ulster County Charter Section C-10, which is charged with the responsibility of

dividing the County into twenty-three (23) single member districts for the election of County

legislators, in accordance with established standards in state and federal law for equal and fair

representation of all people in Ulster County.

21. Respondent Ulster County Board of Elections is named as a party because its

duties and responsibilities may be directly affected by the relief being sought in this action and is

vested with the authority and responsibility for administration of elections within Ulster County.

JURISDICTION AND VENUE

22. The Court has jurisdiction over this Complaint and Petition pursuant to CPLR

§3001, CPLR §§7803(1) and (3) and 7804(a) and (b). Unconsolidated Laws §4221 grants

authority to the “Supreme Court’ to “review” any “petition of any citizen” challenging “[a]n

apportionment by the legislature.”

23. Venue is proper in this County under CPLR §§504, 506(b).

FACTUAL ALLEGATIONS

A. Municipal Home Rule and Ulster County Charter

24. Municipal Home Rule Law §10 grants to counties the authority to enact local

laws regarding the apportionment of the county legislature, provided that the county adopts a

plan of districting or redistricting which complies with standards described in Municipal Home

Rule Law.

25. Under Section C-10 of the Ulster County Charter, the Commission on

Reapportionment must meet after the availability of data from each decennial census to evaluate

and reapportion county legislative districts. (Exhibit 1)

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26. According to the Ulster County Charter, districts must “meet established

standards in state and federal law” and should keep districts “compact and contiguous while

taking into account existing town, city, village and election district boundaries, defining

geographic features, and equal population within applicable law, but giving no consideration to

providing advantage to one or another political party.” (Exhibit 1/Section C-10(A).

27. The Ulster County Commission on Reapportionment is responsible for adopting a

final plan for reapportionment and filing its plan with the Ulster County Board of Elections

before July 20 of each year ending in “2.” (Exhibit 1/Section C-10(F)(4)).

28. The Commission’s reapportionment plan has the “force and effect of law and

shall be deemed the reapportionment plan of the County Legislature commencing with the

general election in the year ending in ‘3.’” (Exhibit 1/Section C-10(F)(5)).

29. State standards for plans of redistricting for county legislative seats were changed

in 2021, to ensure that residents of each of the legislative districts were equally represented and

that populations among the districts were distributed in as equitable a manner as possible.

30. More specifically, Assembly Bill 229-C passed on June 8, 2021 by an Assembly

vote of 148-1, which revised the standards for plans of redistricting adopted pursuant to a county

charter. This Bill was signed by Governor Hochul on October 27, 2021, and enacted into law

(Chapter 516, Laws of 2021), amending Municipal Home Rule Law §§10 and 34.

31. The revisions to Municipal Home Rule Law set limits on population sizes within

each county legislative district, with the goal of ensuring that there are only minimal differences

between the population sizes of each district.

32. Municipal Home Rule Law §10(1)(ii)(a)(13)(a)(i) states that single member

districts “shall be nearly as equal in population in population as practicable” and that “the

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difference in population between the most and least populous district shall not exceed five

percent of the mean population of all districts.”

33. Municipal Home Rule Law §34(4)(a) also adopts the 5% rule described above in

paragraph 32.

34. Municipal Home Rule Law §§10 and 34 also set a goal of maintaining

municipalities undivided, to the extent possible.

35. Municipal Home Rule Law mandates that “[t]he maintenance of cores of existing

districts, of pre-existing policies subdivisions including cities, villages and towns and of

communities of interest, shall also be considered.” MHRL §10(1)(ii)(a)(13)(a)(i); §34(4)(e).

36. The new law also prohibits the creation of districts “for the purpose of favoring or

disfavoring incumbents or other particular candidates or political parties.” MHRL

§10(1)(ii)(a)(13)(a)(v); §34(4)(e).

37. Municipal Home Rule Law had been amended to ensure that there is equal

representation and enforceable redistricting rules in counties governed by a County Charter. (Bill

jacket attached as Exhibit 2).

B. The Commission on Reapportionment is constituted in January 2021, and adopts a

map on July 13, 2022, that does not comport with 2021 changes to State law.

38. On or about January 7, 2021, the first four members of the Commission were

appointed and assumed office in accordance with the Ulster County Charter, including Sarah

DeStefano, Scott Minkoff, Andrew Monk, and Travis Rask. (Exhibit 3).

39. On January 13, 2021, the Commissioners appointed Regis Obijiski, Donna Lutz,

and Kathy Waithe as additional Commissioners, so that there was a total of seven

Commissioners. (Exhibit 4).

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40. In or about mid-2021, the results of the 2020 census were released, and a chart

prepared by the Ulster County Planning Department, and displayed on its web page, shows that

changes in populations sizes for most communities throughout Ulster County since the 2010

census are under 5%, and the total population of the County decreased by -0.35%. (Exhibit 5).

41. On knowledge and belief, the Commission was given, and utilized, the census

figures that were adjusted so that incarcerated persons within the district were reallocated to their

residential addresses prior to the time of incarceration, consistent with New York law, including

but not limited to Election Law §5-104; MHRL §10(1)(ii)(a)(13)(c); Legislative Law §83-m.

42. Due to population shifts and the impact of the new law, some of the boundaries of

the legislative districts needed some relatively minor adjustments to ensure that each district had

comparable population sizes.

43. Prior to October 27, 2021, there was no requirement in Municipal Home Rule

Law that the population sizes of the largest and smallest districts be no more than 5% of the

mean population of all the districts.

44. After October 27, 2021, the Commission continued to meet, review census data,

and draw boundaries, without recognizing that State law had changed.

45. At the November 10, 2021 meeting, a power point presentation was made by the

Ulster County Planning Department to provide guidance on redistricting. (Exhibit 6). During the

presentation, the Commission was mistakenly informed that the population size deviations

between districts must be no more than 5% above or 5% below the mean population of all

districts. (Exhibit 6 at 3, 10).

46. On December 8, 2021, the Commission met and approved Guidelines for Public

participation. (Exhibit 7). Those Guidelines contained inaccurate statements about the statutory

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limits on the population size disparities between districts. (Exhibit 7). The Guidelines state:

Each district must include 7,815 residents, with a deviation of no

more than 5% plus or minus. That means a district can be no larger
than 8,207 on the +5% side, or no smaller than 7,424 on the -5%
side.

(Exhibit 7).

47. The Commission met on at least a monthly basis throughout 2022 and by early

2022, they had several proposed alternative legislative maps, but focused on one map, which was

made public, and the public hearing was scheduled to begin on May 16, 2022.

48. The Commission presented a map for the public to comment on at the public

hearings held on May 16, 2022, and May 19, 2022. (Exhibit 8).

49. At the May 16, 2022 and May 19, 2022 public hearings, various members of the

public spoke out against the map that the group was considering, primarily due to new divisions

of towns and other municipalities into multiple legislative districts, rather than following

municipal boundaries to the extent possible. (Exhibits 9, 10).

50. For example, Gardiner Supervisor Marybeth Majestic (incorrectly listed as Mary

Ann Majestic in the Minutes) expressed concern that the proposed map cuts the Town of

Gardiner in half, although the previous legislative district encompassed the entire Town.

(Exhibit 9).

51. Plattekill Legislator Kevin Roberts objected that the proposed map divides the

hamlet of Modena and also opposed the division of the Town of Gardiner. (Exhibit 9).

52. Marbletown Supervisor Richard Parete expressed concern about the division of

Kerhonkson into two separate districts and stated that the proposed map favors one party over

another. (Exhibit 10).

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53. Rochester Supervisor Michael Baden proposed that no hamlet in Ulster County be

divided and offered an alternative map. (Exhibit 10).

54. At the next meeting, on June 8, 2022, according to the Minutes, some

Commissioners discussed the public comments, and some felt they wanted to develop a map that

addressed the public’s request to keep more towns whole. (Exhibit 11).

55. On June 22, 2022, two new iterations of the maps were presented, including one

presented by Commissioner Kenneth Panza and one presented by Commissioner Sarah

DeStefano. According to the Minutes, the commissioners “reached a consensus to dismiss the

public hearing map and replace it with the DeStefano submission for consideration,” and a date

of July 13, 2022 was set for a formal vote on the maps. (Exhibit 12).

56. On knowledge and belief, the map introduced by Commissioner Panza on June

22, 2022, divided the Town of Shawangunk into two districts with one district wholly within the

Town, rather than three that cross town lines, and followed the municipal boundaries of the

Town of Gardiner along with a small part of the Town of Plattekill.

57. According to the Minutes from the June 22, 2022 meeting, the map introduced by

Commissioner DeStefano made only one notable change from the map presented at the public

hearing. That map is described in the Minutes as “flipping the hat from Marbletown to

Kerhonkson” but kept the other divisions that were flagged by numerous members of the public

at the May 16 and 19, 2022 public hearings. (Exhibit 12).

58. Despite the public outcry about the division of the Town of Gardiner, which did

not maintain the geographic boundaries of the Town and did not maintain the core of the existing

District 16, no changes were made to that part of the County in the map that was proposed and

ultimately adopted.

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59. The last meeting of the Commission was held on July 13, 2022. (Exhibit 13).

60. On July 13, 2022, the maps presented to the Commission included (1) “Map 1”

which was the map introduced by Commissioner Panza (Exhibit 14a); (2) “Map 2,” the map

introduced by Commissioner DeStefano (Exhibit 14b); and (3) “Map 3,” which was described as

a compromise map and submitted by the Ulster County Planning Department (Exhibit 14c).

After extensive discussion and public comments, the Commission adopted Map 2 by a divided

vote of 4-3. (See Minutes, annexed as Exhibit 13).

61. Maps 1 and 3, while not perfect and still exceeding the 5% rule in Municipal

Home Rule Law, maintained the existing District 16, and took into consideration the geographic

boundaries of the Towns of Gardiner and Shawangunk, but Map 2 did not. (All three maps are

attached as Exhibits 14a, 14b and 14c).

62. On July 13, 2022, the Ulster County Commission on Reapportionment adopted a

plan for redistricting pursuant to the Ulster County Charter and created a map that does not

comply with Municipal Home Rule Law §§10 and 34, as amended. These documents were filed

with the Ulster County Board of Elections on July 18, 2022.

63. The adopted map does not comply with the requirements of Municipal Home

Rule Law Sections 10 and 34, as amended in that the difference between the largest and smallest

legislative district by population exceeds 5% of the mean population of all districts.

64. The mean population of all legislative districts (LD) depicted on the map adopted

by the Commission on Reapportionment is 7815, and 5% of that mean is 391. (Exhibit 14b).

65. The largest legislative district, LD 6, of the adopted map has a population of 8195

and the smallest legislative district, LD 10, of the adopted map has a population of 7492.

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(Exhibit 14b). The difference in these populations is 703 which substantially exceeds 5% of the

mean population of all legislative districts, or 391.

66. There are nine districts with populations more than 7,883, which is 391 more than

the smallest district (District 10) of 7492. These districts, LD 5, 6, 7, 11, 12, 17, 18, 21, 23, all

violate the 5% rule.

67. In addition, the difference between the population in either legislative districts 5,

6, 7, 10, 11, 12, 17, 18, 21 or 23, and District 10 all exceed 5% of the mean population of all the

legislative districts.

68. The maps adopted by the Ulster County Commission on Reapportionment and

filed with the Board of Elections violate Municipal Home Rule Law requirements which are

mandatory, and not subject to flexibility beyond the 5% rule described above, for population

variation between districts.

69. The maps adopted by the Ulster County Commission on Reapportionment create

new divisions within several towns, including for example, the towns of Plattekill, and Gardiner,

without maintaining the core of existing districts. (Previously adopted Legislative district map is

attached as Exhibit 15).

70. The rule limiting the division of municipalities “to the extent practicable” would

have the effect of ensuring that the majority of residents are represented by a single County

legislator elected by a majority vote of residents, rather than multiple legislators with potentially

differing agendas and priorities.

71. One of the most drastically changed districts is District 16, within the Town of

Gardiner, which is now divided into two separate legislative districts, including District 17

joined with New Paltz, and District 16 joined with the Town of Shawangunk, although the

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previous map allocated virtually the entire Town to legislative district 16, with a small portion

joined to Shawangunk. (Compare Exhibits 14b and 15).

72. Further, previously, Legislative District 13 was entirely within the Town of

Shawangunk and now it is divided between Shawangunk and Plattekill, despite minor population

changes. (Exhibit 5; Compare Exhibits 14b and 15).

73. Previously the entire southern half of Plattekill was within Legislative District 12,

and the July 13, 2022 map carved the southern half of Plattekill between Districts 12 and 13.

74. The Town of Gardiner does not share a community of interest with Shawangunk,

which has a population almost twice that of Gardiner, and has a municipal water system and a

police force, and Gardiner does not. Unlike the Town of Shawangunk, there are no schools in the

Town of Gardiner and on knowledge and belief, there are few, if any, shared services.

75. While the population disparities between municipalities undoubtedly require the

division of municipalities to satisfy the 5% rule, the goal identified in Municipal Home Rule Law

is, to the extent practicable, to maintain the geographic integrity of municipalities and the cores

of existing districts.

76. The map adopted by the Commission on Reapportionment violates Sections 10

and 34 of Municipal Home Rule Law, as amended, and should be deemed void and a new map

created.

C. The Ulster County Commission on Reapportionment Refused to Redraw the Map

Despite Widespread Recognition that it is Defective.

77. Since the Commission adopted the County legislative district map and filed it

with the Ulster County Board of Elections, County officials have recognized the error, but no

steps have been taken to rectify the problem.

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78. In a letter published on October 18, 2022, in the Kingston Daily Freeman, Regis

Obijiski, Chair of the Ulster County Commission on Reapportionment, writes (bold added):

The Daily Freeman article, “New Ulster districts map illegal,”

published October 13, 2022, tells the truth but not enough of the
truth. “Ulster County Reapportionment Commission that created
the new map has no intention of going back and fixing their
mistake” should have included “without a court order.” Why must
there be a court order? The Ulster County Charter stipulates that
the final map the COR submitted to the Board of Elections has the
“force and effect of law.” Should the COR break one law in order
to comply with another? We think not.

Why are we in this predicament? The reason is ignorance of a

change in the law in the middle of the redistricting process.
Who should have known about this information and shared it in a
timely manner?

First and foremost are the seven COR commissioners who

operated on correct information for the first nine months and
incorrect information on the second nine months of our work.

Second and third are the County Attorney’s office and County
Planning office who attended every single meeting of the COR as
helpful experts.

Fourth is the County Board of Elections which is the formal

receiver of the COR’s final map and also a helpful critical guide
during the entire process.

Fifth is the County Legislature that initiates appointments to the

COR and has a stake in the success of the COR.

Sixth is the general public who were invited to participate in all

aspects of the COR work.

For reasons unknown, all six stakeholder groups missed the

change in the law pertaining to the interpretation of equal
population in the legislative districts. The COR submitted its
final map on July 20 and received correspondence from the County
Attorney on September 23 that the COR final map is out of
compliance with an October 2021 State law, and the map should be
re-done.

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The COR’s opinion is that “oops” is not a good enough reason to

drop everything and completely revise the map, which already has
the force and effect of law, on file with the Board of Elections. We
take no joy in the plodding legal process, but it is not the end of the
world for this to be resolved in court.

(Exhibit 16).

79. On October 10, 2022, the Albany Times Union published an article entitled “Bad

Math leaves Hudson Valley County with Illegal Legislature Districts,” which quotes Mark

LaVigne, Deputy Director of the New York Association of Counties, as stating that Ulster

County is not the only county to misinterpret the new law. According to the article, Ulster

County Attorney Clinton Johnson acknowledged that the district lines were incorrect and

recommended that the Commission “perhaps reconvene and rectify the matter.” (Exhibit 17).

80. On October 28, 2022, seven Ulster County Legislators introduced Resolution No.

537 which asked the Ulster County Commission on Reapportionment to “convene a meeting as

soon as practicable and redraw Ulster County’s legislative district map in a manner consistent

with the redistricting criteria set forth in State and Federal Law.” (Exhibit 18).

81. Proposed Resolution No. 537 states that “the County Attorney issued

memorandums to both the Commission and Legislature in which he opined that the new district

lines established by the Commission do not comport with the redistricting criteria promulgated

within the General Municipal Law of the State of New York, recommending that the

Commission reconvene to bring the map into compliance with the Law.” (Exhibit 18)

D. The Map’s negative impact on Petitioners

82. The improperly drawn map has caused harm to Petitioners, who want to have a

fair, representative government and want to reside in a County legislative district comparable in
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size to all the other districts, and whose inhabitants share a community of interest.

83. The division of municipalities such as the Towns of Gardiner, Shawangunk, and

Plattekill, dilutes the voting power of the constituents of those towns and creates potential

divisiveness within the community as different regions of the Town are represented by different

County legislators who may have opposing agendas and priorities.

84. The maps that were drawn contain a wider variation in population sizes than is

allowed by law, causing a negative impact on all voters within the County.

AS AND FOR A FIRST CAUSE OF ACTION

DECLARATORY JUDGMENT PURSUANT TO CPLR SECTION 301

85. Petitioners incorporate each of the foregoing paragraphs as if fully set forth

herein.

86. Petitioners seek a declaratory judgment from the Court “as to the rights and other

legal relations of the parties.” CPLR §3001, regarding the legality of the County Legislative

District map adopted on July 13, 2022 (“July 2022 County Legislative District Map”). See

Municipal Home Rule Law §§10, 34.

87. This issue is ripe for judicial review.

88. On information and belief, based on the current population figures, the map

adopted by the Respondent Ulster County Commission on Reapportionment, and filed with the

Ulster County Board of Elections, violates the 5% maximum population disparity standard.

MHRL §§10(1)(ii)(a)(13)(a); 34(4)(a).

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89. Furthermore, the adopted map unnecessarily divides multiple municipalities, and

fails to maintain the core boundaries of existing legislative districts, without due consideration of

the impact of the changes and divisions on the residents.

90. On information and belief, other maps and configurations considered by the

Defendant Ulster County Commission on Reapportionment showed that it was possible to create

legislative districts that are nearly equal in population and which maintain, to the extent

practicable, pre-existing municipal boundaries and prior legislative districts, and that otherwise

fulfill the requirements of the law without dividing multiple towns into two or three separate

districts.

91. On information and belief, the population inequality, the configuration of the

districts and the division of municipalities are all in the service of a gerrymandered map favoring

the County Legislature’s minority party, in violation of the mandate that the “district shall not be

drawn to discourage competition or for the purpose of favoring or disfavoring incumbents or

other particular candidates or political parties.” MHRL §§10(1)(ii)(a)(13)(a); 34(4)(a).

92. As a result of each such violation of law, including the cited sections of the

Municipal Home Rule Law, the redistricting map adopted on July 13, 2022, is invalid.

93. The prior map adopted in 2011, does not offer a viable temporary alternative map

that may be utilized for upcoming legislative districts, since it does not take into account the

population changes and shifts from the 2020 census and therefore does not comply with

Municipal Home Rule Law or the County Charter.

94. If the question of the legality of the July 2022 County Legislative District Map is

not promptly resolved, neither Plaintiffs, Defendants nor the citizens of Ulster County will have

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adequate guidance regarding the propriety of the enacted maps in preparation for the 2023

elections.

95. If this question is not promptly resolved, it will be too late for proper nominating

petitions to be circulated, threatening the integrity of the 2023 election process, leaving Ulster

County voters with a map that violates State legislative mandates.

96. Plaintiff asks the Court to enter judgment declaring that the July 2022 County

Legislative District map violates Municipal Home Rule Law §§10 and 34 and is therefore void

ab initio.

AS AND FOR A SECOND CAUSE OF ACTION

CPLR §7803, BODY OR OFFICER FAILED TO PERFORM A DUTY ENJOINED UPON

IT BY LAW, ACTED IN EXCESS OF JURISDICTION, AND ITS DETERMNATION
WAS AFFECTED BY AN ERROR OF LAW.

97. Petitioners incorporate each of the foregoing paragraphs as if fully set forth

herein.

98. Respondents adopted, filed, and implemented a County Legislative District map

that divides districts in a manner that violates the population-equality standard described in

Municipal Home Rule Law §§10(1)(ii)(a)(13)(a); 34(4)(a).

99. Respondents adopted, filed and implemented a County legislative district map

that divides communities in a manner that fails to give due consideration to maintaining cores of

existing districts, of pre-existing political subdivisions including cities, villages and towns, and

of communities of interest, as required by Municipal Home Rule Law §§10(1)(ii)(a)(13)(a);

34(4)(a).

100. By dint of the above, the Respondents failed to perform a duty enjoined upon it by

law.

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101. By enactment of the new County legislative district map, Respondents violated

Municipal Home Rule Law §§10, 34, as amended and thereby their determination was affected

by an error of law and in excess of their jurisdiction.

102. Petitioners’ rights were violated as a result of the Defendants’ actions, and they

were damaged thereby, and a replacement map should be created and adopted that complies with

State legislative mandates.

PRAYER FOR RELIEF

WHEREFORE, Petitioners respectfully request that this Court enter judgment and order

against Respondents as follows:

1. Declaring pursuant to CPLR §3001 that the County legislative district map adopted

on July 13, 2022, is an unlawful map that does not comply with the mandatory State

requirements for redistricting, set forth in Municipal Home Rule Law §§10 and 34 on

two distinct bases, including (A) the variation in population sizes, which exceed

statutory limits; and (B) the division of municipalities and failing to maintain the core

of existing legislative districts.

2. Ordering the Commission on Reapportionment to reconvene to redraw the maps in a

manner that corrects the infirmities in the adopted map;

3. Enjoining Respondents from opening the designating and independent nominating

petition periods, for County legislative candidates, unless there are deadlines

sufficient for candidates to obtain designating petition signatures or run independently

and for potential candidates to qualify for 2023 primary elections or as an

independent in the general election;

4. Suspending or enjoining the operation of any State laws, or vacating any

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