RJI -RE: ORDER TO SHOW CAUSE

--- Page 1 --- REQUEST FOR JUDICIAL INTERVENTION Supreme COURT, COUNTY OF Albany Index No: Date Index Issued: UCS-840 (rev. 12/16/2024) CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet. Gillio Lopes Plaintiff(s)/Petitioner(s) -against- Kathleen M. Hochul in her official capacity as Governor of the State of New York, Letitia James in her official capacity as Attorney General of the State of New York Defendant(s)/Respondent(s) For Court Use Only: IAS Entry Date Judge Assigned RJI Filed Date NATURE OF ACTION OR PROCEEDING: Check only one box and specify where indicated. COMMERCIAL ☐ Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) ☐ Contract ☐ Insurance (where insurance company is a party, except arbitration) ☐ UCC (includes sales and negotiable instruments) ☐ Other Commercial (specify): NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). TORTS ☐ Asbestos ☐ Environmental (specify): ☐ Medical, Dental or Podiatric Malpractice ☐ Motor Vehicle ☐ Products Liability (specify): ☐ Other Negligence (specify): ☐ Other Professional Malpractice (specify): ☐ Other Tort (specify): SPECIAL PROCEEDINGS ☐ Child-Parent Security Act (specify):☐Assisted Reproduction ☐Surrogacy Agreement ☐ CPLR Article 75 - Arbitration     [see NOTE in COMMERCIAL section] ☒ CPLR Article 78 - Proceeding against a Body or Officer ☐ Election Law ☐ Extreme Risk Protection Order ☐ MHL Article 9.60 - Kendra's Law ☐ MHL Article 10 - Sex Offender Confinement (specify): ☐Initial ☐Review ☐ MHL Article 81 (Guardianship) ☐ Other Mental Hygiene (specify): ☐ Other Special Proceeding (specify): MATRIMONIAL ☐ Contested NOTE: If there are children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum (UCS-840M). For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13). REAL PROPERTY Specify how many properties the application includes: ☐ Condemnation ☐ Mortgage Foreclosure (specify): ☐Residential ☐Commercial Property Address: NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner- occupied residential property or owner-occupied condominium, complete and attach the FORECLOSURE RJI ADDENDUM (UCS-840F). ☐ Partition NOTE: Complete and attach the PARTITION RJI ADDENDUM (UCS-840P). ☐ Tax Certiorari (specify): Section: Block: Lot: ☐ Tax Foreclosure ☐ Other Real Property (specify): OTHER MATTERS ☐ Certificate of Incorporation/Dissolution     [see NOTE in COMMERCIAL section] ☐ Emergency Medical Treatment ☐ Habeas Corpus ☐ Local Court Appeal ☐ Mechanic's Lien ☐ Name Change/Sex Designation Change ☐ Pistol Permit Revocation Hearing ☐ Sale or Finance of Religious/Not-for-Profit Property ☐ Other (specify): STATUS OF ACTION OR PROCEEDING Answer YES or NO for every question and enter additional information where indicated. YES NO Has a summons and complaint or summons with notice been filed? ☐ ☒ If yes, date filed: Has a summons and complaint or summons with notice been served? ☐ ☒ If yes, date served: Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date: NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated. ☐ Infant's Compromise ☐ Extreme Risk Protection Order Application ☐ Note of Issue/Certificate of Readiness ☐ Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined: ☐ Notice of Motion Relief Requested: Return Date: ☐ Notice of Petition Relief Requested: Return Date: ☒ Order to Show Cause Relief Requested: Article 78 (Body or Officer) Return Date: ☐ Other Ex Parte Application Relief Requested: ☐ Partition Settlement Conference ☐ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement Conference ☐ Waiver of Court Costs, Fees and Expenses ☐ Writ of Habeas Corpus ☐ Other (specify): FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM INDEX NO. 911974-26 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/07/2026 1 of 2 --- Page 2 --- RELATED CASES List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank. If additional space is required, complete and attach the RJI Addendum (UCS-840A). Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case PARTIES For parties without an attorney, check the "Un-Rep" box and enter the party's address, phone number and email in the space provided. If additional space is required, complete and attach the RJI Addendum (UCS-840A). Un- Rep Parties List parties in same order as listed in the caption and indicate roles (e.g., plaintiff, defendant, 3rd party plaintiff, etc.) Attorneys and Unrepresented Litigants For represented parties, provide attorney's name, firm name, address, phone and email. For unrepresented parties, provide party's address, phone and email. Issue Joined For each defendant, indicate if issue has been joined. Insurance Carriers For each defendant, indicate insurance carrier, if applicable. ☐ Name: Lopes, Gillio Role(s): Plaintiff/Petitioner ANDREW MILTENBERG, NESENOFF & MILTENBERG, LLP, 363 Seventh Avenue, 5th Floor , New York, NY 10001, 212-736-4500, [email protected] ☐ YES ☒ NO ☒ Name: Hochul, Kathleen M. Role(s): Defendant/Respondent NY State Capitol Building, Albany, NY 12224 ☐ YES ☒ NO ☒ Name: James, Letitia Role(s): Defendant/Respondent Empire State Plaza Justice Building, 2nd Fl, Albany, NY 12224 ☐ YES ☒ NO ☐ Name: Role(s): ☐ YES ☐ NO ☐ Name: Role(s): ☐ YES ☐ NO ☐ Name: Role(s): ☐ YES ☐ NO ☐ Name: Role(s): ☐ YES ☐ NO ☐ Name: Role(s): ☐ YES ☐ NO ☐ Name: Role(s): ☐ YES ☐ NO ☐ Name: Role(s): ☐ YES ☐ NO I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIOUSLY FILED IN THIS ACTION OR PROCEEDING. Dated: 10/07/2026 2399582 Attorney Registration Number ANDREW T MILTENBERG Signature ANDREW T MILTENBERG Print Name This form was generated by NYSCEF FILED: ALBANY COUNTY CLERK 10/07/2026 06:21 PM INDEX NO. 911974-26 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/07/2026 2 of 2