DAO YIN v. CUOMO (2020)

The following numbered papers read on this application by petitioners for an order declaring the portion of Governor Cuomo's Executive Order 202.23 cancelling the June 23, 2020 Special Election for Queens Borough President unauthorized, unconstitutional, and invalid; enjoining defendants Governor Cuomo and the New York City Board of Elections from cancelling the June 23, 2020 Special Election for Queens Borough President, and reinstating the same; and granting a preliminary injunction against the portion of Executive Order 202.23 that cancelled the June 23, 2020 Special Election for Queens Borough President; and related relief.

Papers Numbered

Order to Show Cause ․ EF 2-9

Petition - Amended Pet.- Affs - Exhs ․ EF 1,7

Reply Affidavits ․ EF 10-12

Petitioners Dao Yin (Yin) and Jay Yee (Yee) seek an order from this Court as more fully set forth above.

This special proceeding was argued before this Court on May 14, 2020, along with the companion matter of Quinn v. Cuomo, et al (Queens Index No. 705011/2020). Respondents were heard at the hearing held before this court and do not submit opposition papers in this action, this court having granted their application to rely on the opposition papers submitted in the related proceeding of Quinn v. Cuomo, (Queens Index No 705011/2010). While this court recognizes that the circumstances set forth by Yin and Yee vary to some degree from those in Quinn, it is the opinion of this court that those circumstances are nevertheless equally governed by the analysis and holding set forth by the Court in Quinn, which is signed simultaneously herewith.

Accordingly, it is ORDERED and ADJUDGED that the petition is denied, and the proceeding is dismissed.

Robert I. Caloras, J.