Earl–Strunk v. N.Y. State Bd. of Elections
| Decision Date | 11 April 2012 |
| Docket Number | No. 6500/11.,6500/11. |
| Citation | 950 N.Y.S.2d 722 |
| Parties | Christopher EARL–STRUNK, in esse, Plaintiff, v. NEW YORK STATE BOARD OF ELECTIONS; James A. Walsh/Co–Chair, Douglas A. Kellner/Co–Chair, Evelyn J. Aquila/Commissioner, Gregory P. Peterson/Commissioner, Deputy Director Todd D. Valentine, Deputy Director Stanly Zalen; Andrew Cuomo, Eric Schneiderman, Thomas P. Dinapoli, Ruth Noemi Colon, In their Official and Individual Capacity, Fr. Joseph A. O'Hare, S.J.; Fr. Joseph P. Parkes, S.J.; Frederick A.O. Schwarz, Jr.; Peter G. Petersen; Zbigniew Kaimierz Brzezinski; Mark Brzezinski; Joseph R. Biden, Jr.; Soebarkah (a.k.a barry Soetoro, a.k.a. Barack Hussein Obama, a.k.a Steve Dunham); Nancy Pelosi; Democratic State Committee of the State of New York; State Committee Of The Working Families Party of New York State; Roger Calero; The Socialist Workers Party; Ian J. Brzezinski; John Sidney McCain III; John A. Boehner; The New York State Republican State Committee; The New York State Committee of the Independence Party; State Committee of the Conservative Party of New York State; Penny S. Pritzker; George Soros; Obama for America; Obama Victory Fund; McCain Victory 2008; McCain–Palin Victory 2008; John and Jane Does; and XYZ Entities., Defendants. |
| Court | New York Supreme Court |
OPINION TEXT STARTS HERE
Christopher Earl–Strunk, Brooklyn, plaintiff pro se.
Joel Graber, Esq., State of NY, Office of Attorney General, New York City, for all NYS Government Defendants.
Chlarens Orsland, Esq. NYC Law Department New York City, for Defendants FAO Schwarz and O'Hare.
Sarah Dunn, Esq., Simpson Thacher & Bartlett, LLP, New York City, for Peter Peterson.
Marshall Beil, Esq., McGuire Woods, LLP, New York City, for the Brzezinskis.
Thomas J. Garry, Esq., Harris Beach, PLLC, Uniondale, for President Obama, VP Biden Obama for America Obama Victory Fund, Nancy Pelosi and Penny Pritzker.
Daniel S. Reich, Esq., Rabinowitz, Boudin, Standard, Krinsky & Lieberman, PC, New York City, for the Socialist Workers and Roger Calero.
Rita C. Tobin, Esq., Caplin and Drysdale, New York City, for John McCain III.
Thomas W. Kirby, Esq., Wiley Rein, LLP, Washington DC, Atty for John A. Bohner.
John R. Oller, Esq., Wilkie Farr & Gallagher, LLP, New York City, Atty for George Soros.
The following papers numbered 1 to 25 read on this motion:Papers Numbered:
Notice of Motion and Notice of Cross–Motion and and Affidavits (Affirmations) 1–13
Reply Affidavits (Affirmations) 22–25
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If the complaint in this action was a movie script, it would be entitled The Manchurian Candidate Meets The Da Vinci Code. Pro se plaintiff CHRISTOPHEREARL STRUNK brings this action against numerous defendants, including President BARACK OBAMA, Vice President JOSEPH BIDEN, Senator JOHN McCAIN, Speaker of the House of Representatives JOHN BOEHNER, former House of Representatives Speaker NANCY PELOSI, Governor ANDREW CUOMO, Attorney General ERIC SCHNEIDERMAN, Comptroller THOMAS DI NAPOLI, the NEW YORK STATE BOARD OF ELECTIONS, billionaires PETER PETERSEN, PENNY PRITZKER, GEORGE SOROS and six New York State political parties. Thirteen motions are pending before the Court.
Plaintiff STRUNK's complaint is a rambling, forty-five page variation on “birther” cases, containing 150 prolix paragraphs, in at times a stream of consciousness. Plaintiff's central allegation is that defendants President OBAMA and Senator McCAIN, despite not being “natural born” citizens of the United States according to plaintiff's interpretation of Article II, Section 1, Clause 5 of the U.S. Constitution, engaged with the assistance of other defendants in an extensive conspiracy, on behalf of the Roman Catholic Church to defraud the American people and usurp control of the Presidency in 2008. Most of plaintiff STRUNK's complaint is a lengthy, vitriolic, baseless diatribe against defendants, but most especially against the Vatican, the Roman Catholic Church, and particularly the Society of Jesus (the Jesuit Order).
Plaintiff STRUNK alleges seven causes of action: breach of state constitutional fiduciary duty by the NEW YORK STATE BOARD OF ELECTIONS and public officer defendants; denial of equal protection for voter expectation of a correct ballot; denial of substantive due process for voter expectation of a correct ballot; interference with the right to a republican form of government by the two Jesuit defendants and defendant F.A.O. SCHWARZ, JR., who were all members of the New York City Campaign Finance Board; interference with plaintiff's election franchise; a scheme to defraud plaintiff of a reasonable expectation of successful participation in the suffrage process; and, a scheme by all defendants for unjust enrichment.
Plaintiff requests a declaratory judgment and a preliminary injunction against defendants, including: enjoining the NEW YORK STATE BOARD OF ELECTIONS from putting Presidential candidates on the ballot for 2012 unless they provide proof of eligibility, pursuant to Article II, Section 1, Clause 5 of the U.S. Constitution; ordering that this eligibility certification be submitted to the Court for proof of compliance; enjoining the Jesuits from interfering with the 2012 elections; ordering expedited discovery to determine the scope of damages, alleged to be more than $12 billion; and, ordering a jury trial for punitive treble damages.
Various defendants or groups of defendants, all represented by counsel, present eleven motions to dismiss and one motion to admit an attorney pro hace vice for this action. The eleven individual defendants or groups of defendants are, in chronological order of filing their motions to dismiss: defendants President BARACK OBAMA, Vice President JOSEPH BIDEN, OBAMA FOR AMERICA and the OBAMA VICTORY FUND; defendants McCAIN VICTORY 2008, McCAIN–PALIN VICTORY 2008 and Senator JOHN McCAIN; defendants MARK BRZEZINSKI and IAN BRZEZINSKI; defendant Representative NANCY PELOSI; defendant GEORGE SOROS; defendants THE SOCIALIST WORKERS PARTY and ROGER CALERO; defendant Speaker JOHN BOEHNER; defendant ZBIGNIEW BRZEZINSKI; defendants Father JOSEPH A. O'HARE, S.J., Father JOSEPH P. PARKES, S.J. and FREDERICK A.O. SCHWARZ, JR.; defendant PENNY PRITZKER; and defendant PETER G. PETERSEN. The eleven motions to dismiss assert: plaintiff STRUNK lacks standing; plaintiff STRUNK fails to state a claim upon which relief can be granted; plaintiff STRUNK fails to plead fraud with particularity; the action is frivolous; plaintiff STRUNK is barred by collateral estoppel from pursuing this action; and, the Court lacks both personal and subject matter jurisdiction in this action.
The motion to admit counsel pro hace vice for the instant action, by counsel for defendants McCAIN VICTORY 2008, McCAIN–PALIN VICTORY 2008 and Senator JOHN McCAIN, for Todd E. Phillips, Esq., a member in good standing of both the California and District of Columbia bars, is granted.
Further, plaintiff STRUNK cross-moves to consolidate the instant action with a similar “birther” action filed by him, Strunk v. Paterson, et al, Index No. 29642/08, in the Kings County Special Election Part, before Justice David Schmidt. Many of the defendants oppose consolidation because Strunk v. Paterson, et al, Index No. 29642/08, is a disposed case.
The cross-motion to consolidate this action with Strunk v. Paterson, et al, Index No. 29642/08, is denied. Defendants who oppose plaintiff's cross-motion are correct. Justice Schmidt disposed of Strunk v. Paterson, et al, Index No. 29642/08, on the grounds of collateral estoppel, failure to join necessary parties and laches.
The eleven motions to dismiss are all granted and plaintiff STRUNK's instant complaint is dismissed with prejudice. It is clear that plaintiff STRUNK: lacks standing; fails to state a claim upon which relief can be granted; fails to plead fraud with particularity; and, is barred by collateral estoppel. Also, this Court lacks subject matter jurisdiction and personal jurisdiction over most, if not all, defendants.
Furthermore, plaintiff STRUNK's instant action is frivolous. As will be explained, plaintiff STRUNK alleges baseless claims about defendants which are fanciful, fantastic, delusional and irrational. It is a waste of judicial resources for the Court to spend time on the instant action. Moreover, the Court will conduct a hearing to give plaintiff STRUNK a reasonable opportunity to be heard, pursuant to 22 NYCRR § 130–1.1, as to whether or not the Court should award costs and/or impose sanctions upon plaintiff STRUNK for his frivolous conduct. At the hearing, an opportunity will be given to counsel for defendants to present detailed records of costs incurred by their clients in the instant action.
Therefore, plaintiff STRUNK, who is not a stranger in the courthouses of New York, is enjoined from commencing future litigation in the New York State Unified Court System against: the NEW YORK STATE BOARD OF ELECTIONS, JAMES A. WALSH/ Co–Chair, DOUGLAS A. KELLNER/Co–Chair, EVELYN J. AQUILA/
SCHNEIDERMAN, THOMAS P. DINAPOLI and RUTH NOEMI COLON, in their Official and individual capacity; Father JOSEPH A. O'HARE, S.J.; Father JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.; PETER G. PETERSEN; ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; JOSEPH R. BIDEN, JR.; BARACK H. OBAMA, NANCY PELOSI; the DEOMCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; the STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; ROGER CALERO; the SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY McCAIN III; JOHN A. BOEHNER; the NEW YORK STATE REPUBLICAN STATE COMMITTEE; the NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; the STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; PENNY S. PRITZKER; GEORGE SOROS; OBAMA FOR AMERICA; OBAMA VICTORY FUND; McCAIN VICTORY...
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