# ORDER TO SHOW CAUSE ( PROPOSED ) Source: https://lucycraig.blog/media/443 File: NYSCEF-case-20f2fbf9d925-000003.pdf Format: application/pdf 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 Alt text: ## OCR / extracted text --- Page 1 --- 1 At an IAS Part, Room , of the Supreme Court of the State of New York, held in and for the County of Albany, at the Courthouse thereof, 16 Eagle Street, Albany, N.Y., on the day of , 2026 Present: Hon. Justice of the Supreme Court SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ---------------------------------------------------------------X In the Matter of the Application of GILLIO LOPES, Petitioner, FOR A JUDGMENT PURSUANT TO ARTICLE 78 AND SECTION 3001 OF THE CPLR -against- KATHLEEN (“KATHY”) M. HOCHUL, in her official capacity as Governor of the State of New York, and LETITIA JAMES, in her official capacity as Attorney General of the State of New York, Respondent. ---------------------------------------------------------------X Index No.: ORDER TO SHOW CAUSE RJI No. Upon the Verified Petition, sworn to by Andrew T. Miltenberg, Esq. on October 7, 2026, together with the Affirmation of Andrew T. Miltenberg, Esq. dated October 7, 2026, and the exhibits annexed thereto, and upon all papers and proceedings heretofore and herein, IT IS HEREBY ORDERED THAT Respondents Governor Hochul and Attorney General James show cause, at IAS Part , Room of this Court, to be held at the Courthouse, 16 Eagle Street, Albany, NY, on the day of , 2026, at am/pm, or as soon thereafter as counsel may be heard, why an Order should not be issued, directing that: --- Page 2 --- 2 a) Respondent Governor Hochul’s appointment of Attorney General Letitia James as Special Prosecutor in the investigation of the Cornell matter be voided; and b) Respondent Governor Hochul shall appoint a Special Prosecutor who is free from actual or perceived conflicts of interest or bias against Petitioner and the other individually named Defendants in the civil action. Sufficient cause being alleged therefore, it is hereby further ORDERED, that pending the hearing of this motion before the Justice to be assigned, the Clerk of this Court, upon payment of the proper fees, be and is hereby directed to assign an index number to this proceeding, and to accept for filing a Request for Judicial Intervention (“RJI”) bearing the following caption, namely: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY X In the Matter of the Application of GILLIO LOPES, Petitioner, For a Judgment Pursuant to Article 78 and Section 3001 of the CPLR -against- KATHLEEN (“KATHY”) M. HOCHUL, in her official capacity as Governor of the State of New York, and LETITIA JAMES, in her official capacity as Attorney General of the State of New York, Respondent. X And sufficient cause being alleged therefore, it is hereby further ORDERED that personal service of a copy of this Order to Show Cause, together with the --- Page 3 --- 3 papers upon which it is based, and the Verified Petition, by delivery via Federal Express or other service providing for delivery confirmation, on or before the day of , 2026, shall be deemed good and sufficient service hereof; and it is further ORDERED, that answering papers, if any, shall be served upon Petitioner’s attorneys, Nesenoff & Miltenberg, LLP, 363 Seventh Avenue, 5th Floor, New York, New York 10001, Attn. Andrew T. Miltenberg, so as to be received in hand no later than seven (7) days prior to the return date of this application and reply papers, if any, shall be served upon Respondent (or, if applicable, its counsel) so as to be received in hand no later than two (2) days prior to the return date of this petition. Dated: New York, New York October , 2026 Hon. , J.S.C. ## Transcript ## Machine-readable JSON https://lucycraig.blog/media/443/index.json