{"@context":"https://schema.org","@type":"DigitalDocument","altText":"ORDER TO SHOW CAUSE ( PROPOSED )","alternateName":"NYSCEF-case-20f2fbf9d925-000003.pdf","caption":"NYSCEF document #3 | Filed: 2026-10-07 | Filed by: MILTENBERG, ANDREW T Filed:  Received: | Docket status: Processed Confirmation Notice | Case: Lopes v. Hochul (Cornell 7 Lopes Against Special Prosecutor Assignment Tish James) | Source: NYSCEF","contentUrl":"https://lucycraig.blog/media/443/raw","datePublished":"2026-10-16T19:59:17+00:00","description":"NYSCEF document #3 | Filed: 2026-10-07 | Filed by: MILTENBERG, ANDREW T Filed:  Received: | Docket status: Processed Confirmation Notice | Case: Lopes v. Hochul (Cornell 7 Lopes Against Special Prosecutor Assignment Tish James) | Source: NYSCEF","encodingFormat":"application/pdf","identifier":"443","isAccessibleForFree":true,"machineReadable":{"json":"https://lucycraig.blog/media/443/index.json","markdown":"https://lucycraig.blog/media/443/index.md"},"name":"ORDER TO SHOW CAUSE ( PROPOSED )","ocrStatus":"ready","ocrText":"--- Page 1 ---\n1 \n \nAt an IAS Part, Room , of the \nSupreme Court of the State of New \nYork, held in and for the County of \nAlbany, at the Courthouse thereof, 16 \nEagle Street, Albany, N.Y., on the day \nof          , 2026 \n \n \nPresent: Hon.   \n \nJustice of the Supreme Court \n \nSUPREME COURT OF THE STATE OF NEW YORK  \nCOUNTY OF ALBANY \n---------------------------------------------------------------X \nIn the Matter of the Application of  \nGILLIO LOPES, \n \n \n \n \n \nPetitioner, \n \nFOR A JUDGMENT PURSUANT TO ARTICLE  \n78 AND SECTION 3001 OF THE CPLR \n \n \n \n-against- \n \nKATHLEEN (\u201cKATHY\u201d) M. HOCHUL, in her official \ncapacity as Governor of the State of New York, and \nLETITIA JAMES, in her official capacity as Attorney \nGeneral of the State of New York, \n \n \n \n \n \nRespondent. \n---------------------------------------------------------------X \nIndex No.: \n \n \n ORDER TO SHOW CAUSE \n \nRJI No.   \n \n \nUpon the Verified Petition, sworn to by Andrew T. Miltenberg, Esq. on October 7, 2026, \ntogether with the Affirmation of Andrew T. Miltenberg, Esq. dated October 7, 2026, and the \nexhibits annexed thereto, and upon all papers and proceedings heretofore and herein, \nIT IS HEREBY ORDERED THAT Respondents Governor Hochul and Attorney General \nJames show cause, at IAS Part , Room    of this Court, to be held at the Courthouse, 16 Eagle Street, \nAlbany, NY, on the  day of  , 2026, at  \nam/pm, or as soon thereafter as counsel may be heard, \nwhy an Order should not be issued, directing that:\n\n--- Page 2 ---\n2 \n \na) \nRespondent Governor Hochul\u2019s appointment of Attorney General Letitia James as \nSpecial Prosecutor in the investigation of the Cornell matter be voided; and \nb) \nRespondent Governor Hochul shall appoint a Special Prosecutor who is free from \nactual or perceived conflicts of interest or bias against Petitioner and the other individually named \nDefendants in the civil action.  \nSufficient cause being alleged therefore, it is hereby further \n \nORDERED, that pending the hearing of this motion before the Justice to be assigned, the \nClerk of this Court, upon payment of the proper fees, be and is hereby directed to assign an index \nnumber to this proceeding, and to accept for filing a Request for Judicial Intervention (\u201cRJI\u201d) \nbearing the following caption, namely: \nSUPREME COURT OF THE STATE OF NEW YORK \nCOUNTY OF ALBANY \n \nX \n \nIn the Matter of the Application of \nGILLIO LOPES, \n \nPetitioner, \n \nFor a Judgment Pursuant to Article 78 \nand Section 3001 of the CPLR \n \n-against- \n \n \nKATHLEEN (\u201cKATHY\u201d) M. HOCHUL, in her official  \ncapacity as Governor of the State of New York, and  \nLETITIA JAMES, in her official capacity as Attorney  \nGeneral of the State of New York, \n \nRespondent. \n  \nX \n \nAnd sufficient cause being alleged therefore, it is hereby further \n \nORDERED that personal service of a copy of this Order to Show Cause, together with the\n\n--- Page 3 ---\n3 \n \npapers upon which it is based, and the Verified Petition, by delivery via Federal Express or other \nservice providing for delivery confirmation, on or before the           day of  \n, 2026, shall be \ndeemed good and sufficient service hereof; and it is further \nORDERED, that answering papers, if any, shall be served upon Petitioner\u2019s attorneys, \nNesenoff & Miltenberg, LLP, 363 Seventh Avenue, 5th Floor, New York, New York 10001, Attn. \nAndrew T. Miltenberg, so as to be received in hand no later than seven (7) days prior to the return \ndate of this application and reply papers, if any, shall be served upon Respondent (or, if applicable, \nits counsel) so as to be received in hand no later than two (2) days prior to the return date of this \npetition. \n \n \nDated: New York, New York \nOctober  \n, 2026 \n \n \n \nHon. \n, J.S.C.","text":"--- Page 1 ---\n1 \n \nAt an IAS Part, Room , of the \nSupreme Court of the State of New \nYork, held in and for the County of \nAlbany, at the Courthouse thereof, 16 \nEagle Street, Albany, N.Y., on the day \nof          , 2026 \n \n \nPresent: Hon.   \n \nJustice of the Supreme Court \n \nSUPREME COURT OF THE STATE OF NEW YORK  \nCOUNTY OF ALBANY \n---------------------------------------------------------------X \nIn the Matter of the Application of  \nGILLIO LOPES, \n \n \n \n \n \nPetitioner, \n \nFOR A JUDGMENT PURSUANT TO ARTICLE  \n78 AND SECTION 3001 OF THE CPLR \n \n \n \n-against- \n \nKATHLEEN (\u201cKATHY\u201d) M. HOCHUL, in her official \ncapacity as Governor of the State of New York, and \nLETITIA JAMES, in her official capacity as Attorney \nGeneral of the State of New York, \n \n \n \n \n \nRespondent. \n---------------------------------------------------------------X \nIndex No.: \n \n \n ORDER TO SHOW CAUSE \n \nRJI No.   \n \n \nUpon the Verified Petition, sworn to by Andrew T. Miltenberg, Esq. on October 7, 2026, \ntogether with the Affirmation of Andrew T. Miltenberg, Esq. dated October 7, 2026, and the \nexhibits annexed thereto, and upon all papers and proceedings heretofore and herein, \nIT IS HEREBY ORDERED THAT Respondents Governor Hochul and Attorney General \nJames show cause, at IAS Part , Room    of this Court, to be held at the Courthouse, 16 Eagle Street, \nAlbany, NY, on the  day of  , 2026, at  \nam/pm, or as soon thereafter as counsel may be heard, \nwhy an Order should not be issued, directing that:\n\n--- Page 2 ---\n2 \n \na) \nRespondent Governor Hochul\u2019s appointment of Attorney General Letitia James as \nSpecial Prosecutor in the investigation of the Cornell matter be voided; and \nb) \nRespondent Governor Hochul shall appoint a Special Prosecutor who is free from \nactual or perceived conflicts of interest or bias against Petitioner and the other individually named \nDefendants in the civil action.  \nSufficient cause being alleged therefore, it is hereby further \n \nORDERED, that pending the hearing of this motion before the Justice to be assigned, the \nClerk of this Court, upon payment of the proper fees, be and is hereby directed to assign an index \nnumber to this proceeding, and to accept for filing a Request for Judicial Intervention (\u201cRJI\u201d) \nbearing the following caption, namely: \nSUPREME COURT OF THE STATE OF NEW YORK \nCOUNTY OF ALBANY \n \nX \n \nIn the Matter of the Application of \nGILLIO LOPES, \n \nPetitioner, \n \nFor a Judgment Pursuant to Article 78 \nand Section 3001 of the CPLR \n \n-against- \n \n \nKATHLEEN (\u201cKATHY\u201d) M. HOCHUL, in her official  \ncapacity as Governor of the State of New York, and  \nLETITIA JAMES, in her official capacity as Attorney  \nGeneral of the State of New York, \n \nRespondent. \n  \nX \n \nAnd sufficient cause being alleged therefore, it is hereby further \n \nORDERED that personal service of a copy of this Order to Show Cause, together with the\n\n--- Page 3 ---\n3 \n \npapers upon which it is based, and the Verified Petition, by delivery via Federal Express or other \nservice providing for delivery confirmation, on or before the           day of  \n, 2026, shall be \ndeemed good and sufficient service hereof; and it is further \nORDERED, that answering papers, if any, shall be served upon Petitioner\u2019s attorneys, \nNesenoff & Miltenberg, LLP, 363 Seventh Avenue, 5th Floor, New York, New York 10001, Attn. \nAndrew T. Miltenberg, so as to be received in hand no later than seven (7) days prior to the return \ndate of this application and reply papers, if any, shall be served upon Respondent (or, if applicable, \nits counsel) so as to be received in hand no later than two (2) days prior to the return date of this \npetition. \n \n \nDated: New York, New York \nOctober  \n, 2026 \n \n \n \nHon. \n, J.S.C.","thumbnailUrl":"https://lucycraig.blog/media/443/thumb.webp","transcriptStatus":"not_applicable","transcriptText":"","url":"https://lucycraig.blog/media/443"}