Reprint of the original, first published in 1859. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
This is a petition for a writ of certiorari filed in the United States Supreme Court regarding the Estate of Michael Goodall, a well known and prominent chess personality and FIDE international arbiter and organizer, recognized by the World Chess Federation. Immediately following the death of Mike Goodall in October 2010, Bank of America moved to seize the entire Goodall Assets, even to the point of burglary, breaking into the Goodall mansion and stealing all of the property. Petitioner Samuel H. Sloan, Administrator of the Goodall Estate, filed a petition in Marin County Probate Court thereby forcing Bank of America to return the Goodall property. However, Bank of America filed a counter petition in San Francisco Probate Court to take over all the assets of the Goodall Estate, even though none of the Goodall assets were in San Francisco County. For the last nearly three years this case has been running in parallel in two different and conflicting courts with neither court willing to transfer the case to the other court because of the huge amount of money involved. This conflict has led to this case being filed in the United States Supreme Court.
This is an Appeal to the Appellate Division First Department of the Supreme Court of the State of New York following a decision of the Board of Elections in the City of New York to kick Sam Sloan off the ballot as a candidate for Mayor of the City of New York and also to kick two other candidates for lower offices off the ballot. At the Hearing on the Order to Show Cause before Justice Wooten on August 5, 2013, Defendant Board of Elections in the City of New York provided only one grounds for throwing the petitioners of the ballot. That ground was that under Section 132 (2) of New York Election law the subscribing witnesses to a Designating Petition must be registered to vote as a member of the Party whose nomination is being sought, and the subscribing witnesses were not Republicans with only one exception. Petitioners had submitted approximately 4500 signatures to run for election whereas only 3750 are required. (There are some differences in the count of the total number of signatures but all counts agree that more than 4200 were filed.) A few of the 4500 signatures collected were found invalid for various reasons including bad address or not registered to vote. However, a core of 3905 signatures were found to be good but invalid for one reason only which is that the Subscribing Witnesses to those petitions were not registered to vote as members of the Republican Party. In other words, had those 3905 signatures been witnessed by a Registered Republican Party Voter, then all three petitioners would be on the ballot. However, because they were witnessed by other voters, including Democrats, Libertarians and Blanks, those 3905 signatures were deemed invalid. There is a rule as interpreted by the Board of Elections that says that petitions for Republican Party Candidates must be witnessed (as well as being signed) by REGISTERED voters in the Republican Party, petitioners contend that such a requirement is unconstitutional under the First Amendment right "To Petition the Government." It seems obvious that a requirement that the signatures to a petition of any type are deemed valid if and only if they are witnessed by Registered Republicans. This is an infringement to the constitutional right "to Petition the Government." This law is obviously unconstitutional as applied in the circumstances of this case because it deprives the petition signers of the First Amendment right to petition the Government. The First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. It is difficult to imagine a more blatant and obvious violation of a Constitutional Right than to make a rule that one may not petition the Government unless the petition is witnessed by Republicans!! What nonsense!!!!
SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO APPEALS DIVISION IN RE The Goodall Trust Appeal No. A137739 Superior Court No. PTR-99-273030 SAM WARE, Movant and Respondent, vs. SAMUEL H. SLOAN Defendant and Appellant, v. Bank of America, N. A. Plaintiff _____________________________________________________ CLERK'S TRANSCRIPT ON APPEAL FROM A JUDGMENT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO APPEAL FILED ON 01/28/13 THE HONORABLE PETER J. BUSCH VOL 3 of 5 The Record of this Case includes the following documents: Sloan vs. Ware and Bank of America Appellant's Opening BriefISBN 4-87187-370-6 Sloan vs. Ware and Bank of America Clerk's Transcript on Appeal Vol. 1ISBN 4-87187-371-4 Sloan vs. Ware and Bank of America Clerk's Transcript on Appeal Vol. 2ISBN 4-87187-372-2 Sloan vs. Ware and Bank of America Clerk's Transcript on Appeal Vol. 3ISBN 4-87187-373-0 Sloan vs. Ware and Bank of America Clerk's Transcript on Appeal Vol. 4ISBN 4-87187-374-9 Sloan vs. Ware and Bank of America Clerk's Transcript on Appeal Vol. 5ISBN 4-87187-375-7 In Re The Goodall Trust Appeal No. A137189ISBN 4-87187-361-7 In Re The Goodall Trust Appeal No. A137190ISBN 4-87187-362-5 Goodall Estate Petition for Review Case No. S208891 California Supreme CourtISBN 4-87187-363-3 Goodall Estate Petition for Review Case No. S208895 California Supreme CourtISBN 4-87187-364-1
Reprint of the original, first published in 1859. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
Petitioner Respectfully Prays that a Writ of Certiorari issue to the Supreme Court of the State of New York, Appellate Division, First Department to review the decision of the Supreme Court of the State of New York dated August 9, 2013, Index No. 101087/2013, and the decision of the Appellate Division, First Department of the Supreme Court of the State of New York dated August 13, 2013 which denied the validation petition of the above candidates to be reinstated on the ballot after these candidates were removed from the ballot solely because their petition signatures had not been witnessed by enrolled Republicans. On August 21, 2013, the Court of Appeals of the State of New York denied the motion by Petitioner for Leave to Appeal to the New York Court of Appeals. The Candidate-Petitioners and their supporters circulated petitions to be placed on the ballot. Petitions containing more than 4500 signatures were timely filed by "Cindarella Time" which was midnight on July 11, 2013. As this filing was facially valid, petitioner-candidates were placed on the ballot. However, a General Objection was by one Sal Caruso was filed on July 15, 2013 followed by a Specific Objection on July 22, 2013. A hearing was held before the New York Board of Elections on July 30, 2013 following which these candidates were kicked off the ballot on July 31, 2013 for one reason only which was 3905 of these signatures had not been witnessed by enrolled members of the Republican Party. Rather the signatures had been witnessed by other voters including Democrats, Libertarians and Blanks. Petitioners filed a petition to validate their places on the ballot on August 1, 2013. A show cause order was issued requiring the objector and the Board of Elections to appear on August 5, 2013. On August 9, 2013 Judge Wooten denied the Validation Petition without opinion. Petitioner appealed and this appeal was heard by the New York supreme Court Appellate Division First Department which affirmed the decision of the Supreme Court without opinion. Petitioner then filed a motion for leavbe to appeal with the Court of appeals of New York. This was denied on August 21, 2013. This petition for Certiorari follows. This proceeding is brought under Election Law Sections 16-100 and 16-102 and other provisions of New York Law. Sam Sloan is a candidate for Mayor of the City of New York. Richard Bozulich is a candidate for Comptroller of the City of New York. Thomas R. Stevens is a candidate for Public Advocate of the City of New York. Supporters of the candidates circulated petitions and the requisite number of signatures were obtained to get on the ballot. The signed petitions were timely submitted to the Board of Elections in the City of New York. The Petitions complied in every respect with the election rules, including cover sheets and wording of the petitions. There were enough signatures, the cover sheet was done properly and the wording of the petition was correct. However, on July 31, 2013, all three of these candidates were thrown off the ballot after a hearing by the New York City Board of Elections for one reason only, which was that these were designating petitions for the Republican Party Primary, and the subscribing witnesses (not the signers) were not registered as Republicans with the New York City Board of Elections.
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