CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO.

INDEX NO. UNASSIGNED

NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ALBANY

YORK GROUP ASSOCIATES LLC, VOTERS FOR

ANIMAL RIGHTS, INC., and DAVID GRANDEAU,

Petitioners,

v.
VERIFIED PETITION
NEW YORK STATE JOINT COMMISSION ON PUBLIC
ETHICS; and MICHAEL K. ROZEN, ROBERT COHEN, INDEX NO. _______
JAMES E. DERING, COLLEEN C. DIPIRRO, JULIE A.
GARCIA, MARVIN E. JACOB, GARY J. LAVINE, J. ORAL ARGUMENT
GERARD McAULIFFE, JR., DAVID J. McNAMARA, REQUESTED
BARRY C. SAMPLE, GEORGE H. WEISSMAN, and
JAMES A. YATES, in their official capacities as members
of the New York State Joint Commission on Public Ethics,

Respondents.

Petitioners York Group Associates LLC, Voters for Animal Rights, Inc., and David Gran-

deau (“Petitioners”), by their attorney, for their Verified Petition in this hybrid-proceeding seek to

have 19 N.Y.C.R.R. Part 943 (the “Regulations”) declared null and void on the grounds that it is

beyond the statutory delegation of authority granted by the Legislature to the respondent New

York State Joint Commission on Public Ethics (the “Commission”) and its individual members in

their official capacities (collectively with the Commission, “Respondents”):

PRELIMINARY STATEMENT

1. This is a case about bureaucratic overreach. The Commission is a state agency with

a narrow mandate to oversee disclosure for persons and entities who engage in “lobbying” as the

term is defined in New York’s Lobbying Act, N.Y. Legis. Law art. 1-a. The Commission does not

have the authority to issue comprehensive regulations, let alone regulations that expand and amend

the Lobbying Act. However, for the first time in its existence, the Commission recently issued the

Regulations which, among other things, purport to expand what constitutes “lobbying,” who is a

“lobbyist,” who is a “client,” and what activity must be reported to the Commission. The

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 1 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

Regulations not only go far beyond the Lobbying Act, but certain of the Regulations also directly

conflict with Lobbying Act provisions.

2. State agencies cannot usurp the Legislature’s powers, and cannot write regulations

that conflict with duly enacted statutes. Yet, with its new Regulations, the Commission attempts

to do both.

3. The Commission promulgated the Regulations without any statutory authority

whatsoever.

4. And the Regulations effectively repeal and amend portions of the Lobbying Act by

bureaucratic fiat. Among other improprieties, the Regulations:

● expand the definition of “lobbyist” to encompass uncompensated board mem-

bers of organizations that engage in lobbying (see infra ¶¶ 49-54);

● expand the definition of “lobbying” by creating the term “Grassroots Lobbying,”

which newly defines lobbying to include extremely attenuated contact with pub-

lic officials that is not considered “lobbying” under the Lobbying Act (see infra

¶¶ 55-66);

● invent the new term “Lobby Day,” which will impose onerous burdens on the

many organizations that use dedicated days to draw attention to the issues that

are most important to them (see infra ¶¶ 63-66)

● invent the new terms “Beneficial Client” and “Contractual Client,” which are

not found in the Lobbying Act and impose new burdens on individuals and or-

ganizations not covered under the Lobbying Act (see infra ¶¶ 67-73); and

● require those engaged in “Direct Lobbying” to disclose the individual public of-

ficials who they lobbied, whereas the Lobbying Act gives lobbyists a choice to

This is a copy of a pleading filed electronically pursuant to2 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 2 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

identify the legislative body, organization or individual they have lobbied (see

infra ¶¶ 74-76).

5. These changes to the Lobbying Act implicate important public policy choices and

are ultra vires. Under New York’s system of government, public policy decisions are reserved for

the people’s elected officials unless appropriately delegated to state agencies by statute. Allowing

elected officials to weigh and implement competing policy interests is even more critical here

because the Lobbying Act has to strike a delicate balance between regulating lobbying activity and

preserving citizens’ constitutional rights to petition their public officials. Indeed, in the Lobbying

Act, the Legislature “declare[d] that the operation of responsible democratic government requires

that the fullest opportunity be afforded to the people to petition their government for the redress

of grievances and to express freely to appropriate officials their opinions on legislation and gov-

ernmental operations; and that, to preserve and maintain the integrity of the governmental deci-

sion-making process in this state, it is necessary” for lobbyists to disclose their lobbying activity.

N.Y. Legis. Law § 1-a.

6. Because the Commission had no authority to issue Regulations, the Court should

enter an order declaring them null and void and enjoining their enforcement.

PARTIES

7. Petitioner York Group Associates LLC is presently registered as a lobbyist as such

term is defined under the Lobbying Act. As a registered lobbyist, Petitioner York Group Associ-

ates: (a) is required to file bimonthly disclosure reports pursuant to the Lobbying Act §1-h; (b) is

required to file amendments to its registration statement pursuant to the Lobbying Act §1-e; and

(c) is subject to prohibitions against entering into contingent retainers, under the Lobbying Act §1-

k, giving gifts, under the Lobbying Act §1-m, and making certain contacts, under Lobbying Act

§1-n.

This is a copy of a pleading filed electronically pursuant to3 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 3 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

8. Petitioner Voters for Animal Rights is presently registered as a lobbyist as such

term is defined under the Lobbying Act. As a registered lobbyist, Voters for Animal Rights: (a) is

required to file bimonthly disclosure reports pursuant to the Lobbying Act §1-h; (b) is required to

file amendments to its registration statement pursuant to the Lobbying Act §1-e; and (c) is subject

to prohibitions against entering into contingent retainers, under the Lobbying Act §1-k, giving

gifts, under the Lobbying Act §1-m, and making certain contacts, under Lobbying Act §1-n.

9. David Grandeau is an attorney, who counsels elected officials, corporations, and

associations on compliance with state and federal lobbying and ethics regulations. In connection

with the Commission’s newly-enacted lobby application, Grandeau is the delegated administrator

for more than sixty of his clients. As such, he will be required to comply with the Regulations.

10. Respondent New York State Joint Commission on Public Ethics was created to,

inter alia, administer and enforce the Lobbying Act. N.Y. Legis. Law § 1-d. The Commission

consists of as many as fourteen members, three appointed by the Temporary President of the Sen-

ate, three appointed by the Speaker of the Assembly, one appointed by the Minority Leader of the

Senate, one appointed by the Minority Leader of the Assembly, and six appointed by the Governor

and the Lieutenant Governor. The Commission Chairperson is selected by the Governor.

11. Respondent Michael K. Rozen is the Acting Chair of the Commission. He is sued

in his official capacity.

12. Respondents Michael K. Rozen, Robert Cohen, James E. Dering, Colleen C. Di-

pirro, Julie A. Garcia, Marvin E. Jacob, Gary J. Lavine, J. Gerard McAuliffe, Jr., David J.

McNamara, Barry C. Sample, George H. Weissman, and James A. Yates are members of the Com-

mission. They are sued in their official capacities.

This is a copy of a pleading filed electronically pursuant to4 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 4 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

JURISDICTION AND VENUE

13. This Court has jurisdiction to render a declaratory judgment pursuant to CPLR

§ 3001.

14. This Court has personal jurisdiction over Defendants pursuant to CPLR §§ 301 &

302(a)(1).

15. Venue lies in Albany County pursuant to CPLR §§ 505 & 506(b) because it is where

the Commission has its principal office and where Respondents approved the Regulations.

FACTUAL ALLEGATIONS

I. THE LOBBYING ACT HAS

COMPREHENSIVE DISCLOSURE REQUIREMENTS

16. The New York State Legislature passed the Lobbying Act “to preserve and main-

tain the integrity of the governmental decision-making process in this state.” N.Y. Legis. Law § 1-

a. To achieve this goal, the Legislature found that “it is necessary that the identity, expenditures

and activities of persons and organizations” who influenced legislation or regulatory rulemaking

“be publicly and regularly disclosed.” Id. The Legislature emphasized, however, that it was not

the purpose of Lobbying Act to interfere with the rights of citizens to lobby their representatives

in government, explaining that “the operation of responsible democratic government requires that

the fullest opportunity be afforded to the people to petition their government for the redress of

grievances and to express freely to appropriate officials their opinions on legislation and govern-

mental operations.” Id.

17. To ensure that lobbying activities were disclosed, the Lobbying Act provides a de-

tailed scheme of rigorous reporting obligations for those persons and entities the Legislature deems

to be engaging in lobbying and the clients who retain lobbyists.

18. The Lobbying Act defines “lobbyist” as “every person or organization retained,

employed or designated by any client to engage in lobbying.” N.Y. Legis. Law § 1-c(a).

This is a copy of a pleading filed electronically pursuant to5 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 5 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

19. “Lobbying” or “lobbying activities” are defined:

as any attempt to influence: (i) the passage or defeat of any legislation or

resolution by either house of the state legislature including but not limited
to the introduction or intended introduction of such legislation or resolution
or approval or disapproval of any legislation by the governor; (ii) the adop-
tion, issuance, rescission, modification or terms of a gubernatorial executive
order; (iii) the adoption or rejection of any rule or regulation having the
force and effect of law by a state agency; (iv) the outcome of any rate mak-
ing proceeding by a state agency.

N.Y. Legis. Law § 1-c(c).

20. Those who are defined as lobbyists have extensive reporting obligations under the

law. For example, “[e]very lobbyist” who “expend[s], incur[s] or receive[s] an amount in excess

of five thousand dollars of reportable compensation” must register with the Commission bienni-

ally. N.Y. Legis. Law § 1-e(a)(3).

21. A lobbyist’s registration must include detailed information about their lobbying ac-

tivities, including:

(i) a description of the general subject or subjects, (ii) the legislative bill
numbers of any bills, (iii) the numbers or subject matter (if there are no
numbers) of gubernatorial executive orders or executive orders issued by
the chief executive officer of a municipality, (iv) the subject matter of and
tribes involved in tribal-state compacts, memoranda of understanding, or
any other state-tribal agreements and any state actions related to class III
gaming as provided in 25 U.S.C. § 2701, (v) the rule, regulation, and rate-
making numbers of any rules, regulations, rates, or municipal ordinances
and resolutions, or proposed rules, regulations, or rates, or municipal ordi-
nances and resolutions, and (vi) the titles and any identifying numbers of
any procurement contracts and other documents disseminated by a state
agency, either house of the state legislature, the unified court system, mu-
nicipal agency or local legislative body in connection with a governmental
procurement.

N.Y. Legis. Law § 1-e(c)(5).

22. Lobbyists must also disclose in their biennial registration statements “the name of

the person, organization, or legislative body before which the lobbyist is lobbying or expects to

lobby.” N.Y. Legis. Law § 1-e(c)(6).

This is a copy of a pleading filed electronically pursuant to6 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 6 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

23. Lobbyists who expend or receive $5,000 or more for lobbying activity in any year

also must file bi-monthly reports with the Commission. N.Y. Legis. Law § 1-h. Similar to the

biennial reports, the bi-monthly reports have to include the “name, address and telephone number

of the lobbyist,” and of the client, a description of all subjects “on which the lobbyist has lobbied,”

a listing of all legislative bill numbers, executive orders, rules, regulations, ratemaking numbers,

municipal ordinances and resolutions, and procurement contracts “on which the lobbyist has lob-

bied,” all “compensation paid or owed to the lobbyist, and any expenses expended, received or

incurred by the lobbyist for the purpose of lobbying.” N.Y. Legis. Law § 1-h(b). Further, the lob-

byist must identify “the name of the person, organization, or legislative body before which the

lobbyist has lobbied.” Id.

24. Lobbyists are also charged fees when they file these reports, including additional

late fees if a deadline is missed. N.Y. Legis. Law § 1-h(c)(3).

25. People or entities who retain lobbyists are also subject to the Lobbying Act’s dis-

closure requirements. For example, “[s]emi-annual reports shall be filed by any client retaining,

employing or designating a lobbyist or lobbyists, whether or not any such lobbyist was required to

file a bi-monthly report, if such client reasonably anticipates that during the year such client will

expend or incur an amount in excess of five thousand dollars of combined reportable compensation

and expenses . . . for the purposes of lobbying.” N.Y. Legis. Law § 1-j(a).

26. These semi-annual reports filed by clients must include detailed information:

(1) the name, address and telephone number of the client;

(2) the name, address and telephone number of each lobbyist retained, em-
ployed or designated by such client;

(3) the following information on which each lobbyist retained, employed or

designated by such client has lobbied, and on which such client has lobbied:
(i) a description of the general subject or subjects, (ii) the legislative bill
numbers of any bills, (iii) the numbers or subject matter (if there are no
numbers) of gubernatorial executive orders or executive orders issued by

This is a copy of a pleading filed electronically pursuant to7 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 7 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

the chief executive officer of a municipality, (iv) the subject matter of and
tribes involved in tribal-state compacts, memoranda of understanding, or
any other state-tribal agreements and any state actions related to class III
gaming as provided in 25 U.S.C. 2701, (v) the rule, regulation, and rate-
making or municipal resolution or ordinance numbers of any rules, regula-
tions, or rates, or municipal resolutions or ordinances or proposed rules,
regulations, or rates, or municipal ordinances or resolutions and (vi) the ti-
tles and any identifying numbers of any procurement contracts and other
documents disseminated by a state agency, either house of the state legisla-
ture, the unified court system, municipal agency or local legislative body in
connection with a governmental procurement;

(4) the name of the person, organization, or legislative body before which
such client has lobbied;

(5) (i) the compensation paid or owed to each such lobbyist, and any other
expenses paid or incurred by such client for the purpose of lobbying. . . .

(6)(i) the name and public office address of any statewide elected official,
state officer or employee, member of the legislature or legislative employee
and entity with whom the client of a lobbyist has a reportable business re-
lationship;

(ii) a description of the general subject or subjects of the transactions be-

tween the client of a lobbyist and the statewide elected official, state officer
or employee, member of the legislature or legislative employee and entity;
and

(iii) the compensation, including expenses, to be paid and paid by virtue of

the business relationship.

N.Y. Legis. Law § 1-j(b).

27. All reports must be submitted “under the penalties of perjury.” N.Y. Legis. Law §

1-p(a).

28. Failing to file truthful registration statements or violating the Lobbying Act can

result in civil and criminal penalties. N.Y. Legis. Law § 1-o. It is a crime to violate the Lobbying

Act: anyone who “knowingly and willfully fail[ing] to file a timely report or statement” or filing

“false information” is guilty of a class A misdemeanor. Id. § 1-o(a)(i). A second violation within

five years is a class E felony. Id. § 1-o(a)(ii).

This is a copy of a pleading filed electronically pursuant to8 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 8 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

29. The Commission can also impose stiff fines for violations of the Lobbying Act. A

lobbyist who fails to file a required report “shall be subject to a civil penalty for each such failure

or violation, in an amount not to exceed the greater of twenty-five thousand dollars or three times

the amount the person failed to report properly or unlawfully contributed, expended, gave or re-

ceived, to be assessed by the commission.” N.Y. Legis. Law § 1-o(b)(i).

30. Filing a false report triggers “a civil penalty, in an amount not to exceed the greater

of fifty thousand dollars or five times the amount the person failed to report properly,” again “to

be assessed by the commission.” N.Y. Legis. Law § 1-o(b)(i).

II. THE COMMISSION’S LIMITED ROLE

A. The Creation of the Commission

31. In 2011, the Legislature passed, and the Governor signed into law, the Public In-

tegrity Reform Act of 2011 (“PIRA”). Among other reforms, PIRA created the Commission within

the Department of State “to oversee and investigate compliance with the financial disclosure and

other ethics requirements by executive and legislative employees and elected officials in both

branches of government, and to oversee the conduct of registered lobbyists.” N.Y. Bill Jacket,

2011 S.B. 5679, Ch. 399.

32. PIRA codified the Commission’s powers and duties in two different statutory sec-

tions—Section 94 of the Executive Law and the Lobbying Act—which are detailed below.

B. The Commission’s Powers Under Section 94 of the New York Executive Law
33. Section 94 of the Executive Law “established within the department of state” the

Commission, and provided that it “shall have and exercise the powers and duties set forth in this

section with respect to . . . lobbyists and the clients of lobbyists as such terms are defined in [the

Lobbying Act], and individuals who have formerly held such positions, were lobbyists or clients

of lobbyists, as such terms are defined in [the Lobbying Act].” N.Y. Exec. L. § 94(1).

This is a copy of a pleading filed electronically pursuant to9 New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 9 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

34. Critically, the Commission’s “powers and duties set forth” in Section 94 of the New

York Executive Law do not include the power to issue the Regulations.

35. Much of the Commission’s “powers and duties” under the Executive Law concern

its power to review and audit elected officials’ public disclosure statements, prepare ethics train-

ings, and receive and investigate complaints concerning violations of various sections of the New

York Public Officers Law and the New York Civil Service Law, as well as the Lobbying Act. See

N.Y. Exec. L. § 94(9), (13) & (14).

36. The “powers and duties” given to the Commission by the Executive Law relating

to regulations are strictly limited to two categories: reviewing pre-existing regulations and advi-

sory opinions and proposing regulatory changes before February 1, 2015, N.Y. Exec. L. § 94(1);

and issuing regulations related to the Commission’s internal procedure, id. § 94(9)(c)-(d). Nothing

more.

37. More specifically, the Commission was directed to “undertake a comprehensive

review” of all regulations and advisory opinions of predecessor lobbying commissions and various

state ethics commissions to “address the consistency of such regulations and opinions among each

other and with the new statutory language, and of the effectiveness of the existing laws, regula-

tions, guidance and ethics enforcement structure to address the ethics of covered public officials

and related parties.” N.Y. Exec. L. § 94(1). The Executive Law mandated that the Commission

“before February first, two thousand fifteen, report to the governor and legislature regarding such

review and shall propose any regulatory or statutory changes and issue any advisory opinions ne-

cessitated by such review.” Id. (emphasis added).

38. Separately, the Executive Law gave the Commission narrowly defined regulatory

powers. The Executive Law gave the Commission the power to “[a]dopt, amend, and rescind rules

and regulations to govern procedures of the commission,” such as “the procedure whereby a person

10New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 10 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

who is required to file an annual financial disclosure statement with the commission may request

an additional period of time within which to file such statement,” and “defining the permissible

use of and promoting the proper use of public service announcements.” N.Y. Exec. L. § 94(9)(c)-

(d) (emphasis added). The Commission can also “[a]dvise and assist” other state agencies in es-

tablishing their own rules and regulations governing conflicts of interest. N.Y. Exec. L. § 94(9)(j).

C. The Commission’s Powers Under the Lobbying Act

39. Like the Executive Law, the Lobbying Act delegates specific responsibilities to the

Commission and, like the Executive Law, nothing in the Lobbying Act authorizes the Commission

to issue the Regulations.

40. Section 1-d of the Lobbying Act—titled “Lobby-related powers of the commis-

sion”—states most of the Commission’s responsibilities concerning lobbying. It provides: “[i]n

addition to any other powers and duties provided by section ninety-four of the executive law, the

commission shall, with respect to its lobbying-related functions only, have the power and duty to:

(a) administer and enforce all the provisions of this article.” N.Y. Legis. Law § 1-d. Section 1-d of

the Lobbying Act further delineates how the Commission must administer and enforce the Lobby-

ing Act, including: (1) developing and implementing a system of random audits of lobbyists’ reg-

istration statements; (2) conducting public hearings; (3) preparing registration statements; (4) hold-

ing regular meetings; (5) issuing a report summarizing the Commission’s work; and (6) providing

an online ethics training course. N.Y. Legis. Law § 1-d(b)-(h).

41. Section 1-d of the Lobbying Act also gives the Commission the ability to “issue

advisory opinions to those under its jurisdiction.” N.Y. Legis. Law § 1-d(f). Importantly, these

advisory opinions “shall not be binding upon such commission except with respect to the person

to whom such opinion is rendered.” Id.

11New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 11 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

III. THE COMMISSION PROMULGATES THE REGULATIONS

WITHOUT ANY AUTHORITY, IMPROPERLY EXPANDING AND
CONFLICTING WITH THE COMMISSION’S STATUTORY MANDATES

A. The Commission Purports to “Codify” its Interpretation of

the Lobbying Act Without Any Authority from the Legislature
42. On April 24, 2018, the Commission approved the Regulations by a unanimous vote.

As authority for its purported ability to issue the Regulations, the Commission cited Section 94 of

the Executive Law and the Lobbying Act. The effective date of the Regulations is January 1, 2019.

43. The Commission announced to the public that the Regulations “mark[] the first time

that existing guidelines and decades of advisory opinions will be compiled in one place in New

York. It will provide a ‘one-stop shop’ for information about the rules and requirements associated

with lobbying in New York. Designed to close loopholes that have evolved over time, the regula-

tions will capture more and better information about the targets of lobbying activities and the real

clients of lobbyists. . . . They also streamline reporting requirements, providing more clarity about

the requirements related to consultants, grassroots lobbying, sources of funding, and the use of

new media for lobbying purposes.”1

44. However, the Regulations do far more than “compile in one place” existing guide-

lines and advisory opinions and provide “more clarity” about existing requirements. They “codify”

existing advisory opinions and the Commission’s positions on how to construe the Lobbying Act,

turning opinions that had previously been non-binding into regulations with the force of law.

45. Specifically, the Regulations state:

(a) The purpose of these regulations is to provide those regulated by [the

Commission], as well as the public, a consolidated resource for understand-
ing and complying with the requirements of [the Lobbying Act], as author-
ized by section 94 of the Executive Law and the Lobbying Act. These reg-
ulations also serve to codify the constitutional authority to regulate grass-
roots lobbying that was recognized in United States v. Harriss (347 U.S.
612) in 1954, and exercised by the Commission’s predecessor agencies in

1
https://jcope.ny.gov/lobbying-laws-and-regulations

12New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 12 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

accordance with the 1982 decision in New York State Temporary Commis-
sion on Lobbying v. CICU (534 F. Supp. 489).

(b) These regulations consider, reflect and, in part, are based upon and in
many instances codify this Commission’s and its predecessors’ earlier ad-
visory opinions, guidelines, instructions, and practices. They also set forth
the Commission’s positions on issues not previously addressed by those au-
thorities.

19 N.Y.C.R.R. § 943.1.

46. Neither Section 94 of the Executive Law nor the Lobbying Act gives the Commis-

sion the authority to “codify” its non-binding advisory opinions, guidelines, instructions, and prac-

tices, let alone a Supreme Court opinion construing federal law. Indeed, the Commission’s Exec-

utive Director, Seth Agata, implicitly recognized that the Commission lacked the authority to issue

such comprehensive binding regulations by publicly stating that the Regulations were only “advi-

sory.”2

47. But the Regulations are not only “advisory.” They will be issued as part of the New

York Codes, Rules, and Regulations. See 19 N.Y.C.R.R. Part 943. And it is clear from their content

and enforcement that they will have the effect of law, subjecting new categories of individuals to

new disclosure requirements and potential civil and criminal penalties.

B. The Regulations Expand the Scope of the Lobbying Act

48. The Regulations not only improperly “codify” the Commission’s previously non-

binding guidance on the Lobbying Act, but also dramatically expand and revise the requirements

of the Lobbying Act.

1. The Regulations Change What It Means to be a Lobbyist

49. The Lobbying Act defines “lobbyist” to mean “every person or organization re-

tained, employed or designated by any client to engage in lobbying.” N.Y. Legis. Law § 1-c(a).

2
http://www.timesunion.com/news/article/Long-discussed-lobbying-rules-now-only-advi-
sory-12327130.php

13New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 13 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

50. While paying lip service to the Lobbying Act, the Regulations go further. They

provide that “Lobbyist means a person or organization who engages in Lobbying Activity and

includes Retained, Employed, and Designated Lobbyists.” 19 N.Y.C.R.R. § 943.3(m). But “Des-

ignated Lobbyist” is a new term. The Lobbying Act does not use or define it. The Regulations

define “Designated Lobbyist” to include “a person who lobbies on behalf of a Client as a board

member, director or officer, whether compensated or uncompensated.” 19 N.Y.C.R.R. § 943.3(g)

(emphasis added). Thus, the Regulations require internal board members, directors or officers of

entities engaging in lobbying or advocacy to register as lobbyists even if they are uncompensated.

Nothing in the Lobbying Act suggests that it would reach such individuals. Therefore, under the

Regulations, a new class of people will be identified as lobbyists.

51. Pursuant to the Regulations, because uncompensated board members and officers

are included in the definition of “Lobbyists,” they may have to register biennially as lobbyists and

the organizations for which they serve will have to collect and disclose detailed information about

them and their activities. See 19 N.Y.C.R.R. §§ 943.10(b) & 943.12. The registrations must include

detailed information concerning the relationship between the uncompensated board member or

officer and the organization, contact information for the board member or officer and details of the

board member’s or officer’s activities. See 19 N.Y.C.R.R. §§ 943.10(j) & 943.12. If they fail to

file the registrations, as discussed above, the “lobbyists” or their “clients” are subject to criminal

and civil penalties.

52. Thus, the Regulations invade the individual members’ and officers’ privacy, in-

crease the burden on organizations to identify more people and activity in their disclosures, and

create an impediment to recruiting board members and officers. The Commission is not authorized

to make such a drastic change in the law.

14New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 14 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

53. Further, this change in the law will have a chilling effect on board members serving

on nonprofit boards or discourage nonprofits from advocating for public policies. For example, a

volunteer board member for an anti-poverty nonprofit who spends more than $5,000 while encour-

aging members of the community to contact their state legislators to tell them to vote for an in-

crease in emergency food funding would now have to be identified as a lobbyist and they would

have to submit invasive and burdensome statements to the Commission. Certainly, it will make

nonprofits face the choice—unwarranted under the Lobbying Act—to either stop their advocacy

efforts or risk being unable to attract and retain volunteer help.

54. Only the Legislature is empowered to revise the lobbying law—after weighing the

costs from potentially discouraging uncompensated board service and nonprofit organizations

from lobbying against any benefits from increased disclosure. The Commission has no power to

make these decisions.

2. The Regulations Newly Define Certain Activities as “Lobbying”

55. The Regulations also expand the activities that are considered “lobbying” and are

therefore reportable.

56. For example, the Regulations define “Direct Lobbying” and “Grassroots Lobby-

ing”—terms that do not appear in the Lobbying Act—and include those terms in the definition of

“Lobbying or Lobbying Activity.” See 19 N.Y.C.R.R. §§ 943.3(k), 943.6, & 943.7. These new

terms unlawfully expand what is considered “lobbying” under the Lobbying Act.

57. “Grassroots Lobbying” includes activity that was never considered lobbying under

the Lobbying Act, such as “[a] solicitation, exhortation, or encouragement to the public, a segment

of the public, or an individual to . . . solicit, exhort, or encourage others to directly contact a Public

Official.” 19 N.Y.C.R.R. § 943.7(b)(3)(i). Thus, the Regulations include as lobbying an individual

encouraging another like-minded “individual” in a private conversation “to encourage others” to

15New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 15 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

contact an elected official. In other words, a private conversation at least two-steps removed from

contact with an elected official could nevertheless be considered lobbying.

58. By contrast, the Lobbying Act does not govern such indirect, attenuated, and/or

private encouragement to the public to contact a public official. The terms “lobbying” or “lobbying

activities” are defined in the Lobbying Act to “mean and include any attempt to influence” gov-

ernmental actions, such as legislation and regulations. N.Y. Legis. Law § 1-c(c). It does not define

“grassroots lobbying” and in the past, even the Commission has recognized that the Lobbying Act

does not include the kinds of private discussions described in the previous paragraph. Rather, in

an advisory opinion, the Commission asserted that a “grassroots communication” only falls within

the Lobbying Act’s definition of “lobbying” if it is more direct—“an attempt to influence a public

official through a call to action, i.e., solicits or exhorts the public, or a segment of the public, to

contact (a) public official(s).” Joint Commission on Public Ethics, Advisory Opinion No. 16-01.

59. Similarly, contrary to the Lobbying Act, the Regulations include within its new

“Grassroots Lobbying” communications that do not even directly urge people to contact public

officials, defining as “Grassroots Lobbying:”

(ii) The inclusion of an address, email address, website address, phone num-
ber or similar contact information for a Public Official even if the commu-
nication does not specifically exhort the public to contact the Public Offi-
cial; or

(iii) The inclusion of a paper or electronic petition, text message, social me-
dia communication, or similar material (or electronic link to such petition
or material) for the recipient to use to communicate with a Public Official
even if the communication does not specifically exhort the public to use such
material.

19 N.Y.C.R.R. § 943.7(b)(3) (emphasis added).

60. This definition is a dramatic expansion of what was considered “lobbying” under

the Lobbying Act, which is predicated on direct contact with public officials. As discussed above,

even the Commission previously acknowledged, in opposition to the current Regulations, that a

16New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 16 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

communication must “solicit[] or exhort[] the public, or a segment of the public, to contact (a)

public official(s).” Joint Commission on Public Ethics, Advisory Opinion No. 16-01 (emphasis

added).

61. The Regulations also expand the definition of lobbying and who is a lobbyist

through its new definition of “Direct Lobbying.”

62. For example, under the Regulations:

An employee of an organization coordinating a Lobby Day is engaged in

Direct Lobbying via the Lobby Day and must be identified by such organi-
zation as an Individual Lobbyist only if:
(1) the employee makes Direct Contact with a Public Official and speaks on
behalf of the organization at the Lobby Day.

19 N.Y.C.R.R. § 943.6(b).

63. The Regulations define “Lobby Day” as “select days used by organizations, often

annual, when members of an organization meet with Public Officials at various levels to advocate

on issues relevant to the organization.” 19 N.Y.C.R.R. § 943.3(j).

64. Again, the Regulations’ “Lobby Day” is neither used nor traditionally related to the

“Lobby Day” considered “lobbying” under the Lobbying Act. It expands what is considered “lob-

bying” and who is a “lobbyist” by, for example, including any employee who makes contact with

a public official and speaks in his or her role as a representative of the organization, even if the

employee is not urging the official to take any action included in the definition of “lobbying” under

the Lobbying Act. N.Y. Legis. Law § 1-c(c).

65. Organizations that have a dedicated day to travel to the offices of state and local

official often bring many of the organization’s employees who do not typically engage in lobbying.

A “Lobby Day,” by its nature, is likely to include unpredictable contact between those employees

and public officials, even when the employer did not intend for the employee to “lobby” the public

official. As a result, the Regulations will force organizations to undertake the laborious task of

17New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 17 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

monitoring its employees and their fortuitous contacts with public officials, and then, among other

information, report those interactions. Ultimately, the burdens imposed by this expansion in the

law will likely discourage organizations—particularly nonprofits—from using this important tool

to petition the government.

66. The Legislature—not the Commission—is the appropriate body to determine if the

added disclosure is worth imposing on organizations who participate in Lobby Day.

3. The Regulations Newly-Define What it Means to be a Client

67. The Regulations invent the new terms “Beneficial Client” and “Contractual Client”

which are not found in the Lobbying Act and impose new burdens on individuals and organizations

not covered under the Lobbying Act.

68. The Lobbying Act defines the term “client” to mean “every person or organization

who retains, employs or designates any person or organization to carry on lobbying activities on

behalf of such client.” N.Y. Legis. Law § 1-c(b).

69. But, once again, the Regulations go further, coining new terms that expand the

scope of the Lobbying Act.

70. The Regulations define “client” to include both “Beneficial Client” and “Contrac-

tual Clients.” 19 N.Y.C.R.R. § 943.3(e).

71. “Beneficial Client” means:

the specific individual or organization on whose behalf and at whose request

or behest Lobbying Activity is conducted.
(1) Members of the general public, for example, would not constitute a Ben-
eficial Client.
(2) If an organization engages in Lobbying for the benefit of the members
of a population or class, the members of the population or class are not Ben-
eficial Clients.
(3) Members of a Coalition, as defined in section 943.9(h) of this Part and
who exceed $5,000 in cumulative annual Lobbying compensation and ex-
penses, are Beneficial Clients.
(4) An individual or organization that lobbies on its own behalf is the Ben-
eficial Client.

18New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 18 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

(5) While a Contractual and Beneficial Client must be identified for every
lobbying arrangement, the Contractual Client may also be the Beneficial
Client.

19 N.Y.C.R.R. § 943.3(d).

72. Meanwhile, “Contractual Client means an individual or organization that retains

the services of a Lobbyist for the benefit of itself or another.” 19 N.Y.C.R.R. § 943.3(f).

73. Thus, the Regulations impose new investigatory obligations on lobbyists, requiring

them to disclose not only their clients, but also their clients’ clients. These requirements are no-

where in the Lobbying Act.

4. The Regulations Require More Detailed

Disclosures than the Lobbying Act
74. The Regulations also change the information that lobbyists and organizations have

to report from what is required under the Lobbying Act.

75. In the reports submitted by lobbyists, the Regulations provide that they must report,

“[i]n the case of Direct Lobbying, the name of the Public Official or Public Official’s office or the

legislative committee, as applicable, with whom the Lobbyist engaged in direct communication.”

19 N.Y.C.R.R. §§ 943.11(f)(7)(i) & 943.12(f)(9)(i).

76. Unlike the Regulations, the Lobbying Act does not require lobbyists to identify the

official who was lobbied. Instead, it gives filers a choice to identify “the name of the person, or-

ganization, or legislative body before which the lobbyist has lobbied.” N.Y. Legis. Law § 1-h(b)(4)

(emphasis added). Again, if the Legislature and the Governor are the proper parties to determine

whether it is good public policy to make such a change in the law.

IV. PETITIONERS WILL BE HARMED BY THE REGULATIONS

77. As registered lobbyists, Petitioners are subject to the Lobbying Act and will be af-

fected by the Regulations. Petitioners are currently required to file bimonthly disclosure reports

pursuant to the Lobbying Act §1-h, file amendments to their registration statements pursuant to

19New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 19 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

the Lobbying Act §1-e, and are subject to prohibitions against entering into contingent retainers

pursuant to the Lobbying Act §1-k, making gifts pursuant to the Lobbying Act §1-m and making

contacts provided pursuant to the Lobbying Act §1-n.

78. After the Effective Date of the Regulations, Petitioners will be subject to the Com-

mission’s previously non-binding advisory opinions and the new, onerous burdens created by the

Regulations.

79. The Regulations interfere with the Petitioners right to lobby, increase their exposure

to civil fines and penalties, and increase their costs of data collection and compliance reviews.

FIRST CAUSE OF ACTION

(Violation of Lobbying Act and Section 94 of the Executive Law)

80. Petitioners repeat and reallege each of the foregoing paragraphs as if fully set forth

herein.

81. The Commission’s powers are created by the Lobbying Act and Section 94 of the

Executive Law.

82. Under the Lobbying Act and Section 94 of the Executive Law, the Commission is

only given specific limited powers.

83. Neither the Lobbying Act nor Section 94 of the Executive Law grants the Commis-

sion the power to promulgate Regulations or to modify the scope of the Lobbying Act.

84. As a direct and proximate result of the Regulations, Petitioners have and will con-

tinue to be harmed.

85. By virtue of the foregoing, Respondents exceeded their authority and the Regula-

tions are null and void.

20New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 20 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

SECOND CAUSE OF ACTION

(Violation of the Lobbying Act & N.Y. Const., art. III, § 1)

86. Petitioners repeat and reallege each of the foregoing paragraphs as if fully set forth

herein.

87. The Lobbying Act provides the comprehensive framework for the oversight of lob-

bying state and local officials in New York.

88. The Constitution of the State of New York vests the legislative power in the senate

and assembly.

89. The Regulations constitute an improper attempt to usurp legislative authority and

circumvent the legislative process, by creating requirements that go far beyond and often contra-

dict the Lobbying Act.

90. As a direct and proximate result of the Regulations, Petitioners have and will con-

tinue to be harmed.

91. By virtue of the foregoing, Respondents exceeded their authority and the Regula-

tions are null and void.

THIRD CAUSE OF ACTION

(CPLR Article 78—Arbitrary, Capricious and Legally Deficient Determination)

92. Petitioners repeat and reallege each of the foregoing paragraphs as if fully set forth

herein.

93. The Regulations are arbitrary and capricious and infected by errors of law because

they impose burdens and requirements outside the Commission’s authority and different from

those in the Lobbying Act.

94. As a direct and proximate result of the Regulations, Petitioners have and will con-

tinue to be harmed.

21New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 21 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

95. By virtue of the foregoing, Respondents exceeded their authority and the Regula-

tions are null and void.

PRAYER FOR RELIEF

WHEREFORE, Petitioners respectfully request this Court grant a final judgment and or-

der pursuant to CPLR § 300l and Article 78 containing the following relief:

(1) declaring that the Regulations are null and void;

(2) enjoining Respondents from enforcing the Regulations; and

(3) such other further relief that the Court deems just and proper.

Dated: New York, New York

November 26, 2018
By: /s/ Joshua L. Seifert
Joshua L. Seifert, Esq.
Joshua L. Seifert pllc
175 Varick Street
New York, NY 10014
646-470-2647
jseifert@seifertpllc.com
Attorney for Petitioners

22New York State court rules (22 NYCRR §202.5-b(d)(3)(i))

This is a copy of a pleading filed electronically pursuant to
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 22 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 23 of 25
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been 24 of 25
accepted for filing by the County Clerk.
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2018

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been 25 of 25
accepted for filing by the County Clerk.