SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS TIFFANY CABAN, PetltionerrCandidnle Aggrreved, MELINDA KATZ, GREGORY LASAK, BETTY LUGO, VERIFIED PETITION RORY I LANCMAN, JOSE NIEVES, and MINA QUINTO MALIK, randr BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondenl TO THE SUPREME COURT OF THE STATE OF NEW YORK Petrtroner TIFFANY CABAN, by her anomey Renee Faradis, respectfully alleges as follows I PetitionerrCundldaterAggrieved TIFFANY CABAN "Petltloner a duly registered voter and enrolled Democrarrc Party member, resrdes mi -- in the City ofNevl. York and the County onueerrs, was entitled I0 vole the Democratic Party anal'y Elecllon for the public posilion onueens County Attomey, State of New York, in the anal'y Electron held on lhe 25th day of June, 2019, and was a candidate for said posltlon rn sard anary Electron 2 Upon information and belief, MELINDA KATZ, GREGORY LASAK, BETTY LUGO, RORY I LANCMAN, JOSE NIEVES, and MINA QUINTO MALIK, each are also duly reglstered volers and enrolled Democmlic Party members who resrde the Counly onueens, Nevl. York, and were enlitled lo vote in the Democralic Pany Primary Elecllon for the public office onueens County Attorney, Slate of New York, the Primary Electlon held on lhe 25th day ofJune, 2019, and each was a candrdare for said position rn said Prlmary Electron 3. Petitioner has standing to commence this proceeding pursuant to Sections 16100, 16-102, 16-106, 16-112, and 16-113 of the New York State Election Law. This proceeding is commenced pursuant to and in accordance with Article 16 of said Election Law. 4. Respondent Board of Elections in the City of New York (“Board of Elections”) is charged by the New York State Election Law with the administration of elections held in the County of Queens, including the canvassing of the returns of elections and the certifying of the results of elections in the County of Queens to the New York City Board of Elections. 5. This petition is made in order to preserve Petitioner’s rights under the Election Law of the State of New York, including, without limitation, to correct any errors in the canvass of returns of the subject election, and to provide for this Court’s supervision, as necessary, of the canvass of all relevant unopened and/or non-scanned ballots, and/or improperly opened ballots (including all absentee ballots, affidavit ballots, special ballots, and military ballots (“Paper Ballots”)) cast for the candidates in the Democratic Party Primary Election for the public office of Queens County District Attorney, State of New York, in the Primary Election held on the 25th day of June, 2019, and to allow for the comprehensive review of the matters under the jurisdiction of this Court. 6. Upon information and belief, the results of the election for the winner of the Democratic Party Primary Election for the public office of Queens County District Attorney, State of New York, in the Primary Election held on the 25th day of June, as reflected in the votes cast by Voting Machines and on the Paper Ballots in the Primary Election were exceedingly close, with only a marginal number of votes separating the Petitioner CandidateAggrieved and Respondents-Candidates. 7. Upon information and belief, it is possible that Respondent Board of Elections, in canvassing the Paper Ballots, may be unable to determine the validity of individual ballots, or may err in determining for which candidate the individual ballots were cast. 8. The canvass of the aforementioned Paper Ballots should proceed, provided only that their envelopes and ballots be photocopied pursuant to the orders of King v. Smith, 308 A.D.2d 556 (2d Dep’t. 2003) and this Court’s Order to proceed with respect thereto is required to preserve those ballots. 9. Upon information and belief, the allegations in the paragraphs hereinabove suggest that the final result of the subject election may be determined by the canvass of the various types of Paper Ballots mentioned herein. 10. This proceeding is commenced pursuant to provisions of Sections 16-100, 16106, 16-112, 16-113, and 16-116 of the Election Law as well as Articles 8 and 9 of the Election Law, which confers authority upon this Court to determine and resolve any disputes arising out of or relating to the canvass of ballots and returns in the Democratic Party Primary Election for the public office of Queens County District Attorney, State of New York, in the Primary Election held on the 25th day of June, 2019. 2 11. Petitioner reserves the right to submit further proofs by way of witnesses, affidavits, and evidence upon the date set by this Court for the trial and hearing of this matter and any adjourned dates thereof, and to amend these pleadings to reflect the facts adduced by way of a canvass or recanvass of the ballots in and for the Democratic Party Primary Election for the public office of Queens County District Attorney, State of New York, in the Primary Election held on the 25th day of June, 2019. 12. Petitioner believes that, after a complete canvass of the Paper Ballots, it should be determined that Petitioner won the nomination of the Democratic Party in the Primary Election held on the 25th day of June, 2019 for the election of the public office of Queens County District Attorney, State of New York. 13. Petitioner has no adequate remedy at law. 14. No previous application has been made for the relief sought herein or for the Order to Show Cause hereto annexed, or for any similar relief. 3 WHEREFORE, Peuuoner respectfully prays that me annexed Order Show Cause be gramsd, for a final Order and Judgmem the rehefpmyed for me Order Show Cause, mge'her such mher and further rehenhm this Court my deem jus' and proper Dated Brooklyn, NY July 2, 2019 Renee Paradls Ema|l tense@reneepamdlsanomeycom Attorney for Peuuoner VERIFICATION STATE OF NEW YORK) ) ss.: COUNTY OF KINGS ) Renée Paradis, an attorney admitted to practice in the courts of the State of New York, affirms under the penalty of perjury: I am the attorney for the Petitioner Tiffany Cabán in this Proceeding. I am not a party to this proceeding. I have read the within Petition and know the contents thereof and the same are true to my knowledge; as to matters therein alleged on information and belief, I believe them to be true. The reason that I am making this verification is that I have my office in the County of Kings and the Petitioner is located in the County of Queens. Dated: Brooklyn, New York July 2, 2019 ______________________________ Renée Paradis 5