[*1]
Dao Yin v Cuomo
2020 NY Slip Op 50584(U) [67 Misc 3d 1218(A)]
Decided on May 18, 2020
Supreme Court, Queens County
Caloras, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 18, 2020
Supreme Court, Queens County


DAO YIN and JAY YEE, Petitioners,

against

ANDREW M. CUOMO, in his official capacity as Governor of the State of New York, and THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK, Respondents.




Index No. 705013 2020



The Law Offices of Aaron Foldenhauer
By: Aaron Foldenhauer, Esq.
Attorney for Petitioners
90 Washington Street #25G
New York, New York 10006

James E. Johnson, Esq.
Corporation Counsel of the City of New York
By: Stephen Kitzinger, Esq.
Assistant Corporation Counsel
Attorney for Respondent Board of Elections in the City of New York
100 Church Street, Room 2-126
New York, New York 10007

Letitia James, Esq.
Attorney General
State of New York Attorneys for Respondents Andrew M. Cuomo, Governor of the State of New York,
And the New York State Board of Elections
By: Neil Shevlin, Esq.
Assistant Attorney General
28 Liberty Street
New York, New York 10005


Robert I. Caloras, J.

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 [*2]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.

Dated: May 18, 2020
Robert I. Caloras, J.S.C.