The following e-filed documents, listed by NYSCEF document number (Motion 003) 11, 12, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54 were read on this motion for SUMMARY JUDGMENT. Plaintiff, New York City Campaign Finance Board, is a New York City agency. The Campaign Finance Board administers the City’s voluntary Campaign Finance Program, which provides public matching funds to local public-office candidates. Ms. Raymond ran for City Council in 2017. Pia Raymond 2017 was her principal committee. Mr. Raymond was her treasurer. Ms. Raymond’s campaign (in which all defendants were involved) received $94,392 from the Board. On May 6, 2021, the Board sent defendants its final determination requesting that all defendants pay $12,078 in penalties and that Ms. Raymond and her committee return $78,141 of received public funds. Defendants did not bring a timely article 78 action to challenge this decision. Defendants also did not pay, prompting the Board to commence this action. In this motion, the Board moves for summary judgment under CPLR 3212 against all defendants. The Board also asks the court to dismiss defendants’ affirmative defenses. In opposition, defendants Pia Raymond and her political committee, Pia Raymond 2017, argue that the Board did not adhere to its own notice and rules. She contends that the Board should have sent her a final audit report. When it does, she argues, she will have the chance to show good cause for her failure to respond to the Board’s request for information and documentation needed to contribute to the report. Ms. Raymond and her committee seek an order directing the Board to produce the final audit report and denying the Board’s motion. Defendant Woody Raymond has not opposed the motion. Ms. Raymond also brings two cross-claims against Mr. Raymond, both of which Mr. Raymond denies. (See NYSCEF No. 34
1-2.) This decision does not address these cross-claims. Because defendants did not bring a timely article 78 proceeding to challenge the Board’s decision, their opposition is time-barred. Plaintiff’s motion is granted. The Board is entitled to $12,009 as penalties from all defendants; $75,744 as repaid public matching funds from Ms. Raymond and Pia Raymond 2017; and $2,397 as repaid matching funds from Pia Raymond 2017. All sums are to be calculated with interest from June 8, 2021, the day following the due date in the final Board determination. (See NYSCEF No. 41 at 3.) BACKGROUND To be eligible for the Campaign Finance Board’s program, candidates must abide by a number of requirements. (Administrative Code of City of NY §3-701.) The Board has the right to demand repayment of any qualified expenditure deficit, which is the difference between the public matching funds and the total qualified expenditures, determined by credible documentation of actual expenditures. (New York City Campaign Finance Board Rules [52 RCNY] §9-02.) The Board may also hold candidates and their committees jointly and severally liable for any violation of the Board Rules or the New York City Campaign Finance Act. (Id.) The Board conducted post-election audits by reviewing documents provided by defendants and found that they had violated the New York City Campaign Finance Board Rules and the New York City Campaign Finance Act. On August 4, 2020, the Board sent all defendants an enforcement notice with a recommendation that the Board assess civil penalties of $12,078, against all defendants jointly and severally; and a repayment of $78,141, against Ms. Raymond and her committee jointly and severally. (See NYSCEF No. 39 [email from the Finance Board reminding defendants to respond to the enforcement notice]; NYSCEF No. 44 at 18.) The enforcement notice included a notice giving defendants an opportunity to appear for a hearing. (See NYSCEF No. 44 at 20.) It also informed defendants that failure to respond would constitute a waiver of participation rights in any post-enforcement process. (Id. at 21.) No defendant responded. On April 29, 2021, the Board held a public hearing. No defendant appeared. The hearing concluded with the Board’s determination of the above sums. On May 6, 2021, the Board sent to all defendants the final Board determination, stating that the payment deadline was June 7, 2021, and notifying defendants of their right to challenge the decision within four months. (NYSCEF No. 41.) On June 7 and then August 31, 2021, the Board sent more notices to defendants, without receiving a response. (NYSCEF No. 42.) On February 23 and March 29, 2022, the Board sent two demand letters to notify defendants that litigation would be pursued unless payments are made. (NYSCEF No. 43.) On April 27, 2022, the Board filed an action in this court to recover penalties and repayment. (NYSCEF No. 44.) On July 26, 2022, Mr. Raymond filed a late Answer with 12 affirmative defenses. (NYSCEF No. 11.) On November 18, 2022, Ms. Raymond and her committee filed a late Answer with nine affirmative defenses and two cross-claims against Mr. Raymond. (NYSCEF No. 47.) On December 8, 2022, Mr. Raymond filed an affidavit in opposition to Ms. Raymond’s answer, denying both claims. (NYSCEF No. 34.) On January 30, 2023, Ms. Raymond and her committee filed opposition to the Board’s motion. Defendants contend that a reasonable reading of the New York City Campaign Finance Board Rule [52 RCNY] §8-05 is that defendants must be sent a final audit report and that they then have 30 days following receipt to challenge the Board’s decision. (NYSCEF No. 50 at 2.) Defendants argue that because the Board did not provide them with that report, the Board deprived defendants of their 30 days, and that as a result the Board’s motion should be denied. Ms. Raymond also raises two good-cause arguments for not providing the demanded information: (i) that she had to flee the address she previously registered with the Finance Board due to domestic violence and that she therefore did not receive any mail from the Board (id. at
