‘ACs Motion Term of the Supreme Court ofthe
- State of New Yorkheld in and for the County of
Rensselaer atthe County Courthouse thereof,
laced at 80 Second St, Troy New York on he
day of November, 2017
Goad Wi, Comal
JUSTICE OF THE SUPRI COURT wah Eta orice
Tgnstetaee Gents
rae a
STATE OF NEW YORK
SUPREME COURT. COUNTY OF RENSSELAER
Tin The Matter Application of
CINDY S. BARCLAY,
2 Peaitioner
am oy ORDER TO SHO) ee e
ug i Index Nos OO2SZ; ace
i MARK W. MCGRATH
a Responden- Candidate,
EDWARD MCDONOUGH and LARRY BUGBEE Commissioners
Constituting the Rensselaer County Board of Elections
‘Respondents,
‘Upon the Petition veitied the 16% day ofNovember, 2017 of Cindy S Barclay
Petitioner herein, by her attorney, JAMES E, LONG, in support hereof, and the exhibits
submited herewith and those submit a the retum dat of this proceting ete
Peto: will mow his Cou * Ass Tem se the Supreme Cou, Remste ¢
County atthe Courthouse, Seoctrscitepee isola ue | 26 28 cayor
fre mot
November, 2017, at 4:30 o'clock in the 161% _noon or as soon thereafter as ean be
‘head why an Order shoul not be mae and entered herein,
Prohibiting the opening of certain ballots objected to atthe canvass of absentee
“posed eppewnte) feguiod! - onjef
Hy hilbullotson November 14, 2017 as null and void as submitted for the General election held
con November 7, 2017 pursuant to Election Law § 16-102;
2, Enjoining end resttaining the Rensselaer County Board of Elections from counting,
‘or certifying said ballots inthe final count or canvass of absentee ballots for the public
office of Troy City Council at the General election held on November 7, 2017,
SUFFICIENT CAUSE APPEARING THEREFOR, leave is hereby granted to
the petitioner to submit upon the return date ofthis Order to Show Cause and any
adjounments thereof, and the arguments thereof, such addtional evidence, exhibits, and
other proof as may be necessary, and itis,
ORDERED, that the respondents herein constituting the Rensselaes County Board
of Elections be and they hereby are ordered and directed to produce wpon the hearing ofthe
Order to Show Cause, certified copies of the ballots laid aside atthe canvass of absentee
ballots on November 14, 2017, the envelopes from which the ballots were contained, the
‘voter file forthe following. voters: Caleb Hatsis o/b 1-11-1993, Alyssa A. Schiiow,
\Wo/b/ 9-27-1992, Tyler Sehlutow, a/b, 9127/1992;. the post marked envelopes for
\hich the ballots were delivered to the Board of Elections forthe public office of Troy City
Council at a General election to beheld on November 7,2017;
ORDERED, that this Order to Show Cause together with Exhibits and a copy ofl
the papers upon which i is ranted be served upon the Respondent Mark W. MeGrath to
wit: Mark W, MeGrath 435 8" Avenue, Troy, NY 12180 be made either: (1) by enclosing
the same in a securely sealed and express-mail next day delivery duly postpaid wrappes,
addressed to such Respondents a their address set forth herein to wit: Matk W. MeGirath
48588 Aven Toy NY 1221 or) by les ey paso sei toh
ga ar hefie :
I ouRespondents onor bere —_'f _o'elockin the attemoon on the_I"T day of
November, 2017; or (3) by affixing the same to the outer or inner door of the residence of
such together with Exhibits and copy ofall the papers upon whic ie granted be sexed
‘upon the Mark W. MeGrath to wit: Mark W. McGrath, 435 8 Ave., Troy New York
12180 and depositing same in a depository of the United Stes Postal Service via Exes
Mailon or before the 17 day of November, 2017 by enclosing the same ina securely
sealed and express. next day dtivery duly pospid wrapper or byenary
tho af susintedseniorpenited ETE CPLRTOT OTR tarot aie fT
NovemEr201 that such sevice shall be domed god and sufficient seve thereof
ORDERED, tha tis Onder to Show Cause with Exhibits togeter with copy of
‘the papers upon which itis granted served upon the respondents Rensselaer County
Der of Rls hn Cunedanon that ins man
Gavenent Cover, 160 Seventh Ave, Try Now York 280 citer noi
thane ina sey ee en pene get ay avery ly sd pe
larceny se
addressed to such. Respondents or (2) by leaving a true copy with the Rensselaer County
Board of Hlections at their office, Ned Pattison Government Center, 1600 Sev
‘Troy NY 12180 on orbefore__ “4 o'clock in the aemoon on the 7 day of
‘November, 2017; or by electronic transmission thereof'to the sald Board at the email
ts
address or facsimile number designated by the sad Boat fr such purpose on ot beforeni® = &
4 creockin the ateroon onthe - 17 day of November, 2017 fet
Dated: November_I , 2017 3yge8
Romesh Now Fork is
Alloy Hox.
JUSTICE OF THE SUPREME COURT
=e aoe Sobl-A), lwlly-‘At a Motion Term ofthe Supreme Court of the
State of New York held in nd for the County of
Rensselaer at the County Courthouse thereof,
located at 80 Second St, Troy New York on the
‘day of November, 2017
EME COURT
STATE OF NEW YORK
SUPREME COURT COUNTY OF RENSSELAER
InTieMaterAppieatonotSOSCSCS~S~SstiS
CINDY S. BARCLAY,
Petitioner
v ORDER TO SHOW CAUSE
Index No: GODS F940-
MARK W. MCGRATH
Responcent-Candidae,
EDWARD MCDONOUGH and LARRY BUGBEE Commissioners
‘Constituting the Rensselaer County Board of Elections
Respondents
a
Upon the Petition verified the 16" day of November 2017 of Cindy $ Barclay
Petitioner herein, by her attorney, JAMES E. LONG, in support hereof; and the exhibits
submited herewith and those submitted atthe return date of this proceeding herewith the
Petitioner will move this Couet at @ JAS Term thereof at the Supreme Court, Rensselaer
County atthe Courthouse, 80 Second St, Troy NY 12180 on the day of
‘November , 2017, at o'clock in the __noon or as soon thereafter as ean be
heard why an Order should not be made anl entered herein,
1. Prohibiting the opening of certain ballots objected to atthe eanvass of absenteeballots on November 14,2017 as null and void as submited for the General election eld
‘on November 7,2017 pursuant to Election Law § 16-102;
2. joining and estraining the Rensseer County Board of Elections from courting
or certifying suid ballot inthe final count or canvas of absentee bllts forthe public
office of Troy City Council atthe General eletion held on November 7, 2017
SUFFICIENT CAUSE APPEARING THEREFOR, leave is hereby granted
the petitioner to submit upon the return date ofthis Onder to Show Cause and any
‘adjourumentsthoreof, and the arguments thereof, such additional evidence, exhibits, and
‘other proof as may be necessary, and itis,
ORDERED, that the respondents herein constituting the Rensselaer County Board
of Elections be and they hereby are ordered and directed to produce upon the hearing ofthe
‘Order to Show Cause, certified coples ofthe ballots lid aside atthe eanvass of absentee
ballots on November 14, 2017, the envelopes from which the ballots were contained, the
‘voter file forthe following voters: Caleb Harris d/o/b/ 1-11-1993, Alyssa A. Schlutow,
loJb/ 9-27-1992, Tyler Schlutow, dat, 92711992; the post marked envelopes for
“which the ballots were delivered tothe Board of Elections for the public office of Troy City
Council at General eletion to be held on November 7,2017;
ORDERED, that this Order to Show Cause together with Exhibits and a copy ofall
‘the papers upon which its granted be served upon the Respondent Mark W. MeGiath to
wit: Mark W. McGrath 435 8" Avenue, Troy, NY 12180 be made either (1) by enclosing
the same in a securely sealed and express-mail next day delivery duly postpaid wrapper,
‘acdressed to such Respondents at their address set forth herein to wit: Mark W. MeGrath
435 8" Avenue, , Troy NY 12211 or 2) by delivering the same by personal service to suchRespondents on or before __o°clock in the afternoon on the day of
Novernber, 2017; or (3) by a
ng the same to the outer or inner door ofthe residence of
such together
Exhibits and a eopy ofall the papers upon which its granted be served
‘upon the Mark W. MeGrath to wit: Mark W. McGrath, 435 8" Ave,, Troy New York
12180 and depositing same ina depository of the United States Postal Service via Express
Mail on or before the ___day of November, 2017 by enclosing the same in a securcly
sealed and expres
Jil next day delivery duly postpaid wrapper; or (4) by any other
method of substituted service permitted under the CPLR on or before the __day of
November, 2017 that such se
shall be deemed good and sufficient service thereof
ORDERED, tha this Otero Show Cause with Exhibits together with a copy of
Wy
ner thereof a thei office located at Ned Pattison
the papers upon which it is granted served upon the respondents Rensselaer Co
Government Center, 1600 Seventh Ave, Troy New York 12180 either: (1) by enclosing
te same in a securely sealed and express-anil next day delivery duly postpaid wrapper,
aukressed to such Respondents o (2) by leaving atte copy withthe Renselaer County
Board of Elections al their office, Ned Pattison Government Center, 1600 Seventh Ave
“Troy NY 12180 on o before veloc nthe afternoon on the __ day of
‘November, 2017; orby electronic transmission thereof to the sid Boudat the email
dress ot fcsinile amber designated by he said Board for such purpose on or before
elockin the aftemoon on the__ day of Noverber, 2017
Dated: November _,
Rensselaer, New York
2017
HON.
JUSTICE OF THE SUPREME COURT‘STATE OF NEW YORK
‘SUPREME COURT COUNTY OF RENSSELAER
In The Matter Application of,
CINDY S, BARCLAY.
Petitioner
. PETITION
Index No.
MARK W. MCGRATH
Respondent-Candidate,
EDWEARD MCDONOUGH and LARRY BUGBEE Commissioners
Constituting the Rensselaer County Board of Elections
Respondents
ee
“The Petitone, Cindy Barclay respectly shows and alleges hat
1. Pettoner, Cindy, Barclay was and sil is candidate ofthe Democratic
Pact, Working Families Party and. Womens Equality Party for the publi office of Troy
iy Comeil. District 2. Petitioner is daly autborizedto commence this petition under §
16100, §16-106 and §16-116-ofthe Election Law ofthe State of New York
2. Respondent, Mark McGrath i th Republican Party Conservative Party,
Independence Paty Candidate for the publi office of Troy City Council Distt 2.
3, Respondent, Rensselaer County Board of El
tons (hereinafter “Board)” is
‘anecessary party as they are empowered to cetly candidates and conduct elestions for the
public office of Troy City Coureil District 2 in a General election hed on November 7,
2017.4, Timely objections atthe canvass of absentee ballots which occurred on
[November 14, 2017 at Respondent Rensselaer County Board of Elections were made by
Petitioner to three absentee ballots to wit:: Caleb Harris o/b’ 1-11-1993, Alyssa A.
Schlutow,dl/h/ 927-1992, Tyler Sehluto, df , 97271992;
5. Accordingly the ballots wer dase for thee days within which he
utitioner must sek a court order o declare null and void the ballots. Accordingly this
special proceeding. must be commenced by November 17,2017
INVALID BALLOTS
1. ‘Theres voters Caleb Haris df 1-11-1993, Alyssa A. Schlutow, doth!
9-21-1992, Tye Sehutow, dor , 9127992 female induced the Renselaet County
‘Bourd of Elections (hereinafter BOP) to issue absentee ballots when in fct ech ofthe
individuals did not have a domicile inthe Cy of Troy, District 2 ofthe County of
Rensselaer atthe time of their application for an absentee ballot
ELS 1-104 (22) defines “residence” to mean that place where a person
‘maintains fixed, permanent and principal home and to which he, wherever temporarily
located, always intends to return.
9, Caleb Harris's first registered to vote in Rensselaer County on August 23,
2017. Mis voter registation and his application for an absentee ballot nssertthat he is
resident of 2804 5" Ave, Ftst floor, Troy , New York 12180 on October 8, 2017.
‘Attached hereto as Exhibit Ais the Voter Registration and Absentee Ballot Application).
Petitioner is the landlord agent for 2804 5" Avenue, Troy NY 12180 and signed the lease
with tenants Madeline Harris and Olivia Beltran (lease is attached hereto as Exhibit B).
Caleb Hares isnot and never was a tenant at 2804 5" Ave. Troy NY. He may be the{oumer spouse of Madeline Hanis, but he was never authorized to reside inthe premises at
2804 5" Ave, Fitst Floor, Troy NY. Such occupancy would be a violation ofthe lease by
the true tenants, The Owner of the premises, Brian McCandless of Brain MeCandless LLC.
as wel a his agent, Petitioner ate ready willing and able to testify under oath to such
{alschood. The assertion by Caleb Hattis as to his domicile in Troy New York at 2804 5"
‘Ave. was fraudulent,
10. Tyler Schlutow asserted in his application for an absentec ballot that he
resided at 395 6! Ave, Troy NY 12180 (See Exhibit C) The application contained
alteration of both the date it was signed and the person to whom the ballot pay be
delivered, Tyler Schlutow has never maintained a do
leat 355 6* Ave, Troy NY. He
previously resided at 346 Nassau-Averill Park Road, Nassau New York. He presently ives
in Hampton, while a member of the US. Navy!. He is married to voter Alyssa
‘Schlutow . Alyssa Schlutow isthe daughter of Kim Ashe MePherson who isthe true
domiciliary of 355 6! Ave. Troy NY.
11, Anexamination ofthe absente ballot envelope indicates tha the envelope
Cncluded in Exhibit C) containing the ballot was time-stamped received by the Rensselaer
‘County Board of Elections on October 26, 2017 at 10:22 am, The envelope itself was
‘dated as to its signature also on October 26, 2017, Logic then dictates that Jessica
Charette, the designee for delivery ofthe ballot, brought the envelope and ballot to Mr.
Schlutow on October 26, 2017 and returned itto the BOE on the same day on October 26
st 10:22 am,
‘Tyler Sehlaow didnot apply fora military absentee ballot but aera temporary genera
ballot forthe time period of 1/120 1/1/2020.12, Alyssa Schiutow also fraudulently asserted she maintained a residence at
355 6! Ave Tioy , New York when she in fet has taken residence in the Commonwealth of
Virginia, (See Exhibit D including See social media posting declaring her residence in
Virginia). An examination of the absente ballot envelope (Exhibit D) indicates thatthe
cavelope containing the ballot was ime-stamped received by the Rensselaer County Board
‘of Elections on October 26, 2017 at 10:22 am. The envelope itself was dated as to its
signature also on October 26, 2017, Logie then dictates that Jessica Charette, the designee
{or delivery of the ballot, brought the envelope and ballot to Mr, Schiutow on October 26,
2017 and retumed it to the BOE on the same day on October 26 at 10:22am.
13, These fraudulent acts of misrepresenting their permanent domicile for
‘voting purposes when 1) Caleb Haris nover reside at that address whatsoever, 2) Tyler
Schlutow has never resided at 355 6" Ave, Troy New York and it has never and will not be
his residence for electoral purposes in New York and 3) Alyssa Schlutow’s isa resident of
‘Virginia and will be for 3 yeats and has purchased or is attempting to purchase a home in
Virginia,
WHEREFORE the Petition should be granted and the three ballots delineated above
should be declared fraudulent and null and void and not opened wncanvassed by the Board
of Elections.
Dated: November 16 , 2017
‘Albany, New York 12206
(S18) 458-2444
fax 518-458-2448
Longlaw(@mac.comATTORNEY'S VERIFICATION
STATE OF NEW YORK )
COUNTY OF ALBANY ) ss
JAMES E. LONG, being duly sworn, deposes and says that he is the attorney duly
‘admitted to practice law inthe State of New York and I am the attorney fr the
PRTITIONER-CANDIDATE Cindy S. Barelay herein, 1 have personally reviewed the
‘contents ofthis document and believe same to be true for the PETTTIONER-CANDIDATE,
‘AGGRIEVED in the above eaptioned matter, deponent has read the foregoing PETITION
‘and knows the contents thereof; that same is true to deponents own knowledge, except the
‘matters therein stated to be alleged on information and belief, and that as to those matters
‘deponent believes them tobe tru.
‘That this affirmation is being used in liew of a verification pursuant to CPLR and
applicable ease law, due tothe fat that the time is ofthe essence and that petitioner and her
‘Counsel reside indifferent counties. Counsel having hs principal office in Albany County
and the Petitioner residing in Rensselaer County.
(AMES E. LO}
‘Sworn fo this 16 day of,
‘November, 2017
Commision ps Rp 2038EXHIBIT AName HARRIS, CALEB
‘Addross
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city
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Fire
Maiting
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Absentoo
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2004-SRH AVE APE 1
tor wy 12180
active Date 08/23/2017
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20th Congressionel District
AGh Senatorial Dicesiet,
108th Assembly District
unknown
Ant County lagiaiative District
and Chty Comes District
ot in a Village
‘sermaRy St
PERISHURG PA 10073
Poll Workor Type
Election District
Voting
History
Ja EILEEN
Votor 1D 30000598
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Phone
Rog Dato
Form No.
Party
Croated
Last
Modified
Batch No
Source
Last
‘Action
tA
Election
Type
App Dato
Schl Dato
873 Copyright @NTS Data Soniens, LG
01/11/1993
(603) 531-902
08/23/2031
Republican
99/22/2011 by
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SEIERIDSBERGER
10/26/2021 by
20172026002
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