ORDER TO SHOW CAUSE-SIGNED (Motion #1) *Corrected*

--- Page 1 --- FILED: ALBANY COUNTY CLERK 10/09/2026 10:30 A INDEX NO. NYSCEF DOC.-NO. 13 RECEIVED NYSCEF: 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 hy of Oct_ , 2026 Present: Hon. | James R. Farrell Acting Justice of the Supreme Court SUPREME COURT OF THE STATE OF NEW YORK Index No.:_-911974-26 COUNTY OF ALBANY ve ncene ener ee nennennenennernecee-nennennennercennnnccenenesX In the Matter of the Application of GILLIO LOPES, RT W Petitioner, RJ] No. 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. peeeneneenececeeeeenennnannncnnnncnneneceenencnmancenennceeeeon XK 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 Govemor Hochul and Attorney General : 414 Broadway ° James show cause, at IAS Part_, Room _ of this Court, to be held at the Courthouse, PeRaehoxSavet, Monticello, New York 99 October AdeaByedLY, on the day of_, 2026, at2:00_am/pm, or as soon thereafter as counsel may be heard, Oral Argument required (30 miqutes per party) why an Order should not be issued, directing that: 1 of 3 911974-26 10/09/2026 --- Page 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: SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFALBANY ..............._ __ __..... __..._ _.._ ____.................._______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 NewYork, and LETITIA JAMES, in her official capacity as Attorney General of the State of NewYork, Respondent. ......_ _........_ ___._ _ ______...........................__X And sufficient cause being alleged therefore, it is hereby further ORDERED that personal service of a copy of this Order to ShowCause, together with the 2 FILED: ALBANY COUNTY CLERK 10/09/2026 10:30 AM INDEX NO. 911974-26 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/09/2026 2 of 3 --- Page 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 I 3 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, NewYork, NewYork 1000), 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: NewYork, NewYork October 9 , 2026 Hon meè rrell et ng . , J.S.C. 10/09/2026 3 FILED: ALBANY COUNTY CLERK 10/09/2026 10:30 AM INDEX NO. 911974-26 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/09/2026 3 of 3