Affirmation in Support of Defendants' Motion and in Opposition to Plaintiffs' Cross-Motion

    SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
   

    

    
   

  

   

   
   

  

    

    

   

  

   

   

  

   
   
   

     

  

THE COUNCIL OF THE CITY OF NEW YORK, AFFIRMATION IN 

et al., SUPPORT OF 

DEFENDANTS’ MOTION 

Plaintiffs, AND IN OPPOSITION TO 
PLAINTIFFS’ CROSS- 

- against - MOTION 

RUDOLPH W. GIULIANI, THE MAYOR OF THE 

CITY OF NEW YORK, et al., 

Defendants. 

Index No. 004897-96 

  

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS 

- QUEENS COALITION, an unincorporated 

association, et al., Index No. 10763/96 

Plaintiffs, 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE 

CITY OF NEW YORK, et al., 
Defendants. 

X   

Daniel Turbow, an attorney admitted to practice before the courts of the State of 

New York, affirms the following to be true under the penalty of perjury pursuant to Section 

2106 of the Civil Practice Law and Rules: 

1. I am an Assistant Corporation Counsel in the office of Paul A. Crotty, 

Corporation Counsel of the City of New York, attorney for the Defendants in the above- 

captioned actions. I submit this Affirmation for the purposes of presenting to the Court certain



  

documentary evidence in support of Defendants’ Motion for consolidation and summary 

judgment and in opposition to the two sets of Plaintiffs’ cross-motions for summary judgment. 

2. Following the service of Defendants’ Answers and their Motion, an 

Amended Complaint was served in the action captioned The Council of the City of New York 
  

v. Giuliani, Index No. 004897-96 (the "Council Action"). A copy of that Amended Complaint 
  

is annexed hereto as Exhibit A. The Amended Complaint differed from the initial complaint 

only insofar as it added a Third Cause of Action, set out in paragraphs 52, 53 and 54 thereof. 

In order to avoid the need to prepare and present unnecessary and duplicative papers, including 

an entirely new Amended Answer and sets of motion papers, counsel for parties executed a 

Stipulation dated September 9, 1996, pursuant to which they agreed that (i) as amended by the 

Stipulation, Defendants’ initial Answer shall be deemed to be the Amended Answer to the 

Amended Complaint; and (ii) Defendants’ Motion shall be deemed amended so as to have been 

made with respect to the Amended Complaint and upon the Amended Answer. A copy of that 

Stipulation is annexed hereto as Exhibit B. 

3. Annexed hereto as Exhibit C is a copy of a Resolution adopted by the 

Board of Estimate on September 13, 1985, pursuant to that section of the Health and Hospital 

Corporations Act (the "HHC Act") codified at Unconsolidated Law § 7385(6), concerning a 

lease by the Health and Hospitals Corporation ("HHC") to a private entity, Enzo Biochem, Inc., 

for certain premises at Bellevue Hospital Center. It should be noted that although described as 

a lease, as a formal matter the transaction in fact involved a sub-lease by HHC, as the demised 

premises were the subject of the June 16, 1970 lease agreement between the City and HHC. 

A copy of that June 16, 1970 lease agreement is annexed as Exhibit B to the August 23,1996 

Affidavit of Richard M. Weinberg, submitted in support of the Council Plaintiffs’ cross-motion 
  

for summary judgment. 

 



  

| , 

4. Annexed hereto as Exhibit D is a copy of a bill (A. 11048) proposed in 

the State legislature on or about June 12, 1996 on behalf of the City Council and a memorandum 

in its support. The bill would amend the HHC Act to give the Council significantly greater 

authority over HHC by, among other things, amending U.L. § 7385(6) to grant the Council the 

power previously held by the Board of Estimate to consent to the disposition of real property 

by HHC. That bill has not been adopted. An identical amendment to U.L. § 7385(6) was 

included in a bill (A. 8896) proposed in the State legislature on or about February 21, 1996. A 

copy of the first page of that bill and the page containing the relevant provision is annexed 

hereto as Exhibit E. That bill has not been adopted. In addition, in 1993, 1994, and 1995, bills 

were proposed to the State legislature (S.2516; A.5591-A; A.4818) which would have given the 

Council significantly greater authority than it currently enjoys over the budget of HHC. None 

of those bills have been adopted. 

Dated: New York, New York 

September 12, 1996 

ez — 
  

Daniel Turbow 

 



  Exhibit A  



£ : » 

  

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 

i a A CIN Xo yn VO 
THE COUNCIL OF THE CITY OF NEW YORK, 1 gi 

PETER F. VALLONE, SPEAKER OF THE 

COUNCIL, and ENOCH H. WILLIAMS, CHAIR OF THE 

COUNCIL HEALTH COMMITTEE, 

Plaintiffs, Index No. 004897-96 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY AMENDED COMPLAINT 

OF NEW YORK, NEW YORK CITY HEALTH AND 

HOSPITALS CORPORATION, and NEW YORK CITY 

ECONOMIC DEVELOPMENT CORPORATION, 

  

Defendants. 

Plaintiffs, The Council of the City of New York (the "City Council”), Peter F. 

Vallone, Speaker of the City Council and Enoch H. Williams, Chair of the City Council 

Health Committee, by their attorneys, Tenzer Greenblatt LLP and Richard M. Weinberg, for 

their complaint allege as follows: 

NATURE OF THE CASE 
  

¥; This is an action to declare and mandate that the defendants Rudolph W. Giuliani, 

Mayor of the City of New York (the “Mayor™), the New York City Health and 

Hospitals Corporation (the “HHC”), and the New York City Economic Development 

Corporation (“EDC”) must 

87000/0006/ELS/247312. 

 



  

a. submit to the City Council for approval any and all proposed transfers, sales, 

and/or subleases by the HHC to private lessees of the HHC hospitals including 

Coney Island Hospital, Queens Hospital Center and Elmhurst Hospital 

pursuant to the Health and Hospitals Corporation Act. Unconsolidated Laws § 

7381, et seq. (the “HHC Act”); and 

b. comply with the Uniform rand Use Review Procedures ("ULURP”) of Section 

197-c and 197-d of the New York City Charter (the “City Charter”), which 

require City Planning Commission and City Council approval of any transfers 

or dispositions of HHC hospitals. 

2. Such a declaration is necessary because the Mayor and the other defendants have 

acted and are continuing to act in furtherance of their wrongful contention that 

a. only the Mayor's approval is required for the proposed subleases under the 

HHC Act and not the City Council’s; and 

b. the transfer or disposition into private hands of these City-owned properties is 

not subject to ULURP. 

3. The Mayor's position described in the previous paragraph contravenes and subverts 

the intention of the HHC Act, which authorized the disposition of HHC facilities 

subject to the Board of Estimate’s local legislative power. a power which now, 

pursuant to the City Charter currently in effect, vests wholly in the City Council. 

4. The Mayor's calculated and unlawful effort to preclude City Council review of any 

87000/0006/ELS/247312. 

 



! | » 

  

plan to dispose of HHC hospitals and property represents not only a radical departure 

from the system of checks and balances provided for in both the HHC Act and the 

City Charter, but also an attempt to curtail public debate about a plan which would 

impose a dramatic change in the health care policy of the City having its greatest 

impact upon the indigent. 

THE PARTIES 
  

5. The City Council is the independent legislative branch of the government of the City 

of New York (the “City”). City Charter § 21. Plaintiff Peter F. Vallone is Speaker 

of the City Council and plaintiff Enoch H. Williams is Chair of the City Council 

Health Committee. 

0, The Mayor is the chief executive officer of the City. City Charter, § 3. 

7. The HHC is a public benefit corporation which was created in 1970 under the HHC 

Act for the purpose of assuming responsibility for the operation of the municipal 

hospital system of the City. Unconsolidated Laws § 7331. et seq, 

8. The EDC was established pursuant to State not-for-profit corporation law and is a 

local development corporation that acts on behalf of the City, pursuant to a contract 

funded by the City budget, with respect to certain commercial real estate, economic 

development matters and privatization projects. The majority of the EDC Board is 

appointed by the Mayor, and the President of EDC Board of Directors serves at the 

pleasure of the Mayor. 

87000/0006/ELS/247312. 

 



STATEMENT OF FACTS 
  

Creation of the HHC 
  

9. Prior to July 1, 1970, the City constructed, maintained and operated hospital facilities 

in all five boroughs providing general chronic, ambulatory and skilled nursing care to 
a ———————— ——— ux 

residents of the City ana particularly those who could not otherwise afford hospital 
  

services. 

On July 1, 1970, New York State enacted the HHC Act, Unconsolidated Laws § 

7381, et seq, creating the HHC and authorizing the City to transfer the municipal 

"hospital facilities to HHC for the purpose of maintaining and operating them. 

The statutory mission of HHC is to provide comprehensive physical, mental health, 

and substance abuse to the ill and infirm of the City, “particularly to those who can 

least afford such services,” U.L. § 7382, consistent with the State's mandate 

contained in Article XVII of the New York State Constitution which provides that 

§ 3 The protection and promotion of the health of the inhabitants of 

the state are matters of public concern and provision therefor 

shall be made by the state . . . as the legislature shall from time 

to time determine. 

The care and treatment of persons suffering from mental 

disorder or defect and the protection of the mental health of the 

inhabitants of the state may be provided by state and local 

authorities and in such manner as the legislature may from time 

to time determine. 

Upon information and belief, the HHC operates the largest municipal hospital system 

87000/0006/ELS/247312.  



4 : A 

  

in the United States and, as a governmental health provider, is second in size to the 

U.S. Department of Veteran Affairs. 

12. The HHC was created at the request of the City in part to permit independent 

financing of municipal hospital construction and improvements and to facilitate 

professional management of the hospital system. At the same time, the City’s 

intention was to insure its dominion ana control over the HHC. Since its creation, 

the City’s dominion and control of HHC has been achieved by the following 

provisions of the Act: 

a. The HHC’s funding has been derived from inclusion in the City budget, 

commencing with its submission of its program budget to the City in time for 

inclusion in the Mayor's executive budget, HHC Act. U.L. § 7386(1)(a), and 

culminating with its inclusion in the City budget which the City Council has 

the sole authority to adopt. 

b. The City has the right to acquire any health facility held by the Corporation. 

Id., § 7386(2)(b). 

C. The HHC must exercise its powers in accordance with policies and plans 

determined by the City. Id., § 7386(7). 

d. Employee grievances are conducted in accordance with the New York City 

Administrative Code. Id., § 7390(5)-(8). 

e; The HHC is dependent upon agents. employees and facilities of the City, 

87000/0006/ELS/247312. 

 



  

whose availability is at the pleasure of the Mayor. Id.. § 7385(19). 

The HHC, therefore, unlike other public benefit corporations such as the 

Metropolitan Transportation Authority or the Urban Development Corporation, 

is and was intended to be an instrumentality of the City. 

13. In addition, the HHC Act gives the Mayor personal appointive domination over the 

"Board 0i Larceuwas of HHC, which consists of 16 persons. tiie Cui. iv Gesignated 

by the Mayor. Four other members who serve ex officio are heads of City agencies 

also appointed by the Mayor. Five additional members are appointed by the Mayor. 

Five members are designated by the City Council. The remaining director is the 

Chief Executive Officer of the Corporation chosen by the other 15 directors. HHC 

Act, U.L. § 7384. 

14. As a check on the Mayor's appointive power over the HHC Board of Directors 

and his power to propose changes in ownership of HHC facilities, the HHC 

Act further provides that no health facility or other real property acquired from 

the City or constructed by the Corporation may be sold or leased or otherwise 

transferred without the consent of the Board of Estimate of the City. Id., 88 

7385(6); 7387(4). 

15. In 1970. at the time of the passage of the HHC Act. the Board of Estimate 

consisted of three members who were elected Citywide (the Mayor, the 

President of the City Council and the Comptroller). plus the elected presidents 

87000/0006/ELS/247312. 

 



  

of each of the City's five boroughs. It had both executive and legislative 

functions. The Mayor, President of the City Council and the Comptroller 

were each entitled to cast four votes on the Board of Estimate: each of the 

borough presidents had two votes for a total of 22 votes. Therefore, although 

the Mayor had four votes, any combination of 12 votes could. after a public 

hearing, defeat any proposal the Mayor put forth before the Board of Estimate. 

City Charter, § 62(a) (1968). 

16. In response to the determination by the United States Supreme Court in Morris 

v. Board of Estimate, 647 F. Supp. 1463 (E.D.N.Y. 1986), aff'd, 831 F.2d 

384 (2d Cir. 1987), aff'd, 489 U.S. 688 (1989) that the Board of Estimate’s 

voting scheme was unconstitutional, the 1989 Charter Revision process 

abolished the Board of Estimate and restructured the City’s government. 

17. The current City Charter, which became effective on January 1. 1990, vests 

exclusive local legislative power in the City Council, City Charter, § 21, and 

oversight authority in it and its committees. City Charter, § 29. 

18. It is clear that the City Council has succeeded to the role of the Board of 

Estimate under the HHC Act, because the Act contemplates that there will be a 

local legislative restraint on certain HHC-related decisions proposed by the 

Mayor. The Board of Estimate’s approval power under the HHC Act, 

accordingly, devolved to the only local legislative body of the City, the City 

87000/0006,/ ELS/247312. 

 



Council. See City Charter, § 1152(c). 

HHC’s Role Since Its Creation 
  

19. The State Constitutional mandate to provide health care for the indigent is 

reflected in Section 1 of the HHC Act and, moreover, in the operating lease 

between the City and the HHC. 

On or about July 10, 19/0, the City leased all of its hospital facilities t rire, 

for an annual rent of $ 1. The lease extends for as long as the HHC has a 

corporate existence. At all times since July 10, 1970, the HHC has operated 

the hospitals under the lease. There are eleven such HHC hospitals City-wide, 

but as of the filing of this complaint, there are three hospitals. Coney Island 

Hospital, Queens Hospital Center and Elmhurst Hospital Center (the “Target 

Hospitals”), which the Mayor proposes to dispose of in this first round of 

privatization. 

The Target Hospitals form ; significant part of the HHC system. Coney 

Island Hospital is the largest medical facility in South Brooklyn. serving a 

population of 750,000. Queens Hospital Center and Elmhurst Hospital Center 

are the only acute care municipal hospitals in the Borough of Queens. 

Moreover, the three Target Hospitals are the primary sources of health care 

for low income and indigent residents of the areas which they serve, including 

Medicaid and Medicare recipients and indigent patients with special needs such 

87000/0006/ELS/247312.  



  

as AIDs. TB, mental illness and homelessness. The Target Hospitals operate 

extensive ambulatory programs, outpatient departments, emergency rooms, 

alcoholism and drug treatment programs, methadone maintenance clinics, 

neighborhood psychiatric facilities and alternative care. 

22 The Target Hospitals also treat and admit many uninsured and underinsured 

paueats. Hospitals outside the HHC system are Guy (cydired oy state law to 

treat uninsured patients when there is an emergency need for immediate 

hospitalization. Public Health Law § 2805-b. 

23. Medical services provided to the City’s uniformed services (the Police and 

Fire Departments) are provided by HHC hospitals including the Target 

Hospitals. 

The Mavor’s Privatization Plan 
  

24. In 1994, the Mayor publicly announced his intention to privatize the leased 

hospitals by transferring them from HHC to private voluntary (i.e., non-HHC 

hospitals) hospitals in order to relieve the City of some or all of the expense 

necessary for their operation. 

25 The HHC hospitals targeted for the first stage of this massive privatization 

program (the Mayor's “Asset Disposition Program”) are the aforementioned 

Coney Island Hospital, Queens Hospital Center and Elmhurst Hospital Center. 

26. In this first wave of privatization of City hospitals, the Mayor initially 

87000/0006/ELS/247312. 

 



  

proposed the sale of the Target Hospitals. But. apparently. because of the 

perpetual lease between the City and HHC, he unilaterally restructured the 

form of the transactions so as to provide for long-term (99 year) subleases 

from the HHC to the selected sublessees. The transactions are, however, in 

purpose and effect sales, and are referred to as such in the City’s privatization 

Offering Memoranda whic 4tso 1¢ier to the potential lessees as “purchasers.” 

27. The Mayor has made clear that he views the HHC as a vehicle which he can 

control, and that he alone has the authority to transform the health care system 

of the City without the scrutiny, much less the approval, of the HHC Board, 

the City Council and other public officials. 

28. The Mayor has exercised his dominion and control over the HHC and the 

Asset Disposition Program from its very inception. The Mayor announced the 

proposed transfers of the Target Hospitals without consulting with, much less 

obtaining approval from the HHC Board, in violation of U.L. § 7384 which 

vests the powers of the HHC in the Board. 

29. The Mayor has imposed a veil of secrecy on the privatization process such that 

essential, material information has been routinely withheld from HHC’s Board 

of Directors and others legally entitled to such information. 

30. Indeed, management of the disposition of the Target Hospitals has been 

withheld from HHC and put instead into the hands of the EDC. an agency 

-10~ 

87000/0006/ELS/247312. 

 



  

controlled by the Mayor. The HHC Board was not consulted nor did it 

approve of such management. 

31. In August 1994, without consulting with or obtaining the approval of the HHC 

Board, the EDC directly retained J.P. Morgan Securities, Inc. 'CC).P. 

Morgan”) to act as the financial advisor with respect to the plan to privatize 

(ie 1aiyet Hospitals. 

32. In 1995, J.P. Morgan rendered a report to the Mayor concluding that the 

current milieu in health care provided an excellent opportunity for the City to 

privatize the Target Hospitals. The HHC Board did not review or authorize 

this report or its recommendations and did not receive it until after it was 

made public. 

33. On February 23, 1995, in a press release. without consulting with or obtaining 

the approval of the HHC Board, the Mayor announced that the City would 

move forward in its effort to privatize the Target Hospitals. In this 

connection, and without consulting with or obtaining the approval of the HHC 

Board, the Mayor created and alone appointed an “Advisory Panel” to study 

the sale of the Target Hospitals. 

34. The HHC Board of Directors has never approved the Mayor's decision to 

privatize the Target Hospitals. To the contrary. in April 1995, five members 

of the HHC Board wrote to the Mayor complaining that the HHC Board had 

-11- 

87000/0006/ELS/247312. 

 



  

not been consulted with respect to the proposal and, upon information and 

belief, they received no response to their letter. 

35. Thereafter, on August 1, 1995, without consulting with or obtaining the 

approval of the HHC Board, EDC, acting on behalf of the Mayor, entered into 

an agreement with J.P. Morgan as financial advisor for the purpose of 

implementing the Mayor's plan to pii.auce tae Target Hospitals. The J.P. 

Morgan agreement provided no role for the HHC Board, reserving, instead, 

for EDC the right to accept or reject, in its sole discretion, any proposed 

transaction. 

36. On or about October 26, 1995, the EDC issued two Offering Memoranda 

prepared by J.P. Morgan for the privatization of the Target Hospitals. The 

Offering Memoranda were never submitted to the HHC Board for its advice, 

comment or approval. 

3% EDC retained counsel to handle the legal aspects of the transfer of the Target 

Hospitals. The HHC Board was never consulted about nor did it approve of 

such retention of counsel. 

38. Following the issuance of the Offering Memoranda, the Mayor and EDC have 

ignored the efforts of the City Council to exercise its State-and City Charter- 

given authority regarding the disposition of the Target Hospitals. On October 

30, 1995, City Council Speaker Peter F. Vallone wrote to the Mayor. In that 

87000/000¢/E5.8/247312. 

 



  

letter, Mr. Vallone stated, in part: 

I request that, notwithstanding statements by your office to the contrary, you 

recognize the vital legal role the City Council must play in any effort to lease 

the aforementioned hospitals. We can and should work together, in the spirit 

of cooperation, to develop a plan that provides quality health care in a cost- 

effective manner to all of the citizens of our City. 

The Council, pursuant to State Law and the City Charter. has an obligation to 

nlav - ~iemificant mle in any effort by the City to sell r= 

ric .actiities]. opecifically, pursuant to Unconsolidawca —o.v/s 5ECLOIS /385 

and 7387(4), the City Council, as the successor in interest to the Board of 

Estimate in this connection, has an obligation to approve of any such sale, 

transfer, lease or sub-lease. Moreover, under Section 197-c of the New York 

City Charter, the City Council must approve of any change or contract 

respecting the use, development or improvement of real property of the City. 

The real property underlying the three aforementioned hospitals is such City 

property. 

nr lepace the 

I respectfully urge you to recognize the City Council's legal role in this 

process, so that it will not become necessary to transform this matter into a 

legal battleground where the City Council or concerned citizens must seek 

court intervention to vindicate their rights. I emphasize that the preferable 

course is to work together to develop a cost-efficient solution that safeguards 

the health care of the citizens of the City of New York. 

I look forward to your reply. 

39. The Mayor never answered Speaker Vallone's letter of October 30, 1993. 

40. The City Council's concerns, expressed by Speaker Vallone. are not the only 

ones that have been ignored by the Mayor. City Comptroller Alan G. Hevesi 

has written two letters, in September and November 1995, both of which, 

upon information and belief, have gone unanswered. The subject of 

Comptroller Hevesi's letters was, like that of Speaker Vallone's. the fact that 

87000/0006/ELS/247312. 

 



the City has done little or no analysis with regard to maintaining health care 

for the indigent. 

Indeed, conspicuously absent from all J.P. Morgan reports and from the 

Offering Memoranda, and still unaddressed by the Mayor's Advisory Panel, is 

any meaningful plan, consistent with Article XVII of the New York State 

Constitution, regarding the provision oi alu tiramg for medical care and 

facilities for the indigent after a sale of the Target Hospitals. Since the 

disposition of the Target Hospitals is only the first phase in a much larger 

privatization plan involving many more HHC facilities, there is a critical need 

for a concrete program to address, at the outset, continuation of 

comprehensive health care for the indigent, how medical services will be 

provided to the City’s uniformed services, and how funding will be handled 

for all of the foregoing needs. The City Council’s role in developing such a 

plan is not only vital from a policy standpoint, but legally certain and 

necessary. 

On information and belief, the Mayor is on the verge of consummating deals 

for the disposition of the Target Hospitals. The Mayor has continued to keep 

the hospital privatization process secret. He has refused to inform the City 

Council. the Comptroller and even the HHC Board itself of the identities of 

the parties whose bids for the Target Hospitals were received in February. 

87000/0006/ELS/247312.  



  

Deputy Mayor Peter Powers, asked recently why no details of privatization or 

of the bids received by the City were being given to the City Council, told 

Newsday in February 1996: “They don’t have a right to have a say in this.” 

FIRST CAUSE OF ACTION 
  

43. Plaintiffs repeat and reailege the allegations of paragraphs 1 through 42 as 

though fully set forth herein. 

44. In the HHC Act, the State Legislature imposed the requirement that HHC 

could not sell, transfer or lease any of its facilities to any other agency, entity 

or group without the approval and consent of the City’s Board of Estimate. 

U.L. § 7385(6) and 7387(4). In so authorizing the Board of Estimate, the 

State Legislature imposed a local legislative check to restrain the Mayor from 

making certain critical decisions respecting health care services in the City 

without the input of a City legislative force. 

45. The devolution of that power to the City Council is certain since the State’s 

unchanged statutory scheme contemplates that the Mayor could initiate 

proposals and control the HHC’s decision-making through his appointive 

powers, but that a local legislative body would scrutinize and ultimately 

approve or disapprove certain important actions by the HHC. 

46. Despite the intent of the HHC Act to require local legislative approval, the 

-15- 

87000/0006/ELS/247312. 

 



  

Mayor and his counsel contend that under the new City Charter, the power to 

dispose of the property of the City has devolved solely upon the Mayor. In 

the Mayor's view, therefore, he alone could propose the sale, transfer or lease 

of any HHC facility and thereafter, he alone would have the power to approve 

the terms of such disposition on behalf of the City. In the Mayor's view, he 

may act unilaterally and unchecked by any local legisiative body in 

contravention of the HHC Act’s legislative intent. 

47. The Mayor’s position described above subverts the intent of the HHC Act that 

any disposition of the HHC facilities be subject to local legislative approval, a 

role which the new City Charter vests wholly in the City Council. The 

Mayor's unilateral abrogation of power is designed to shut the City Council 

and even the HHC Board out of the privatization process and to prevent them 

from exercising their rightful roles under the HHC Act and the City Charter. 

Such action by the Mayor is especially egregious given that privatization of the 

HHC facilities will bring about an AAT transformation in the 

delivery of health care to the indigent and to the City, particularly to the City’s 

uniformed services. 

SECOND CAUSE OF ACTION 
  

48. Plaintiffs repeat and reallege the allegations of paragraphs 1 through 47 as 

though fully set forth herein. 

-16- 

87000/0006/ELS/247312. 

 



The new City Charter, in addition to abolishing the Board of Estimate, 

instituted ULURP as a means to insuring community, borough and City 

Council participation in any sale or lease of City property. In pertinent part, 

ULURP is required whenever there is a sale, lease . . . exchange or other 

disposition of the real property of the city. . . .” City Charter § 197-d(e). 

The Mayor contends that uw p.ivatization ot the Target Hospitals does not 

require ULURP because the transactions consist of subleases by the HHC to 

private institutions. 

This contention ignores the fact that the HHC is an instrumentality of and 

under the dominion and control of the City and that even if it were not under 

the City’s dominion and control, the subleases constitute, in form and 

substance, a disposition of real property of the City which requires the 

application of ULURP. 

THIRD CAUSE OF ACTION 
  

Plaintiff repeats and realleges the allegations of paragraphs 1 through 51 as though 

fully set forth herein. 

Pursuant to General City Law, §23 and the City Charter § 384 real property of the 

City may not be leased except for the highest marketable rental at public auction or 

by sealed bids, in the absence of a local law otherwise so providing. 

87000/0006/ELS/247312.  



  

54. The proposed subleases of the Target Hospital by negotiated subleases made without 

the approval of the city council is in violation of said provisions. 

WHEREFORE, plaintiffs demand judgment 

A. 

87000/0006/ELS/247312. 

declaring that the privatization of the Target Hospitals by means of a 

sublease (or other device) to private institutions requires the approval of 

ute City Council, 

declaring that any sale, transfer or lease of any other HHC facilities 

likewise be subjected to City Council approval; 

declaring that such disposition also requires the application of New 

York City’s Uniform Land Use Review Procedures: 

permanently enjoining defendants from selling, leasing or otherwise 

disposing of any HHC hospital or real property prior to submitting and 

obtaining the necessary approvals of the City Council; 

mandating that the Mayor and EDC, as an agency funded by the 

City and expending City funds in connection with its conduct in 

relation to the HHC, provide the City Council with all requisite 

information pursuant to Section 29 of the City Charter: and 

18: 

 



  

Dated: 

87000/00u4/CLS/247312. 

granting plaintiffs such other and further relief as the Court may deem 

just and proper. 

New York, New York 

July 18, 1996 

19. 

TENZER GREENBLATT LLP 
Attorneys for Plaintiffs 

The Chrysler Building 

403 T exington Avenue ~~ _. 

New York, New York 10174 

(212) 573-4300 

  

-and- 

RICHARD M. WEINBERG, ESQ. 

General Counsel 

The Council of the City of New York 
Gail R. Zweig 

Of Counsel 

75 Park Place 

5th Floor 

New York, New York 10007 

(212) 788-7000 

 



        

   
STATE OF NEW YORK Y ites: : : 
COUNTY OF NE RK Yi p 

, being duly sworn, 

deposes and says: 

[CJ] AFFIDAVIT OF SERVICE BY MAIL 
  

That I am over 18 years of age, not a party to this action and reside 

That on the day of ,:19 , I served the 

within 

upon the following attorney(s), for the part(y) (ies) and, at the address(es), indicated below and designated by 

said attorney(s) for that purpose: 

Party : Attorney Address 
  

by depositing a true copy or copies, of the enclosed in a properly addressed wrapper in an official depository 

under the exclusive care and custody of the United States Postal Service within the State of New York. 

© © © 5 © 0 8 © 8 8 0 0 8 8 9 6 8 5 6 8 6 8 6 0 0 0 0 0 60 OO 0 eS 6 08 0 se 000 eo 

[J AFFIDAVIT OF PERSONAL SERVICE 
  

That I am over 18 years of age, not a party to this action and reside 

That on the day of + 19 , I served the 

within 

upon 

the 
herein, by delivering a true copy thereof to 

personally. Deponent knew the person so served to be the person mentioned and described in said papers as 

the therein. 

© © 8 8 9 6 8 © 0 8 6 8 8 6 8 8 9 8 5 0 US G0 0 0S 9S 0 SS SS ee GO 60S 0 ee ee 

© © 8 9 0 8 © 8 8 9 0° 8 0 8 SS 0 6G ET SES OE GES GSE 6 SSS LL eee ese 

Notary Public 

[CJ] CERTIFICATION BY ATTORNEY 
  

certifies that the within has been compared 
by the undersigned with the original and found to be a true and complete copy. 

Datetls  ~1 ineael SRT ER re SRE TR a vv a am mec an es hah wn mea al aa Me 

 



  

  

INDEX NO. 
004897/96 

SUPREME COURT: STATE OF NEW YOR 

COUNTY OF QUEENS 

  

  

THE COUNCIL OF THE CITY OF NEW 

YORK, PETER F. VALLONE, SPEAKER 

OF THE COUNCIL, and ENOCH H. 

WILLIAMS, CHAIR OF THE COUNCIL 

HEALTH COMMITTEE, 

Plaintiffs, 

-against- 

RUDOLPH W. GIULIANI, THE MAYOR 

OF THE CITY OF NEW YORK, NEW 

YORK CITY HEALTH AND HOSPITALS 

CORPORATION, and NEW YORK CITY 

ECONOMIC DEVELOPMENT 

CORPORATION, 

Defendants. 
  

  

AMENDED COMPLAINT 

  

    TENZER GREENBLATT LLP 

Attorneys for piainsiffs. 

405 Lexington Avenue, New York, N.Y. 10174 

(212) 885-5000 

  

        
Due and timely service of a copy of the within 

is hereby admitted. 

Dated, N.Y., 

Attorney For   
  

     



  Exhibit B  



  

4  - » 

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
-— a a cm cn X     

THE COUNCIL OF THE CITY OF NEW YORK, 
PETER F. VALLONE, SPEAKER OF THE 

COUNCIL, and ENOCH H. WILLIAMS, CHAIR STIPULATION 

OF THE COUNCIL HEALTH COMMITTEE, AMENDING ANSWER 

AND NOTICE OF 

Plaintiffs, MOTION 

- against - Index No. 004897-96 

RUDOLPH W. GIULIANI, THE MAYOR OF 

THE CITY OF NEW YORK, NEW YORK CITY 

HEALTH AND HOSPITALS CORPORATION, 

and NEW YORK CITY ECONOMIC 

DEVELOPMENT CORPORATION, 

Defendants. 

ne nm Tf = 0 X 
  

WHEREAS, on or about March 6, 1996, plaintiffs served a summons and 

verified complaint (the "Original Complaint"), and 

WHEREAS, on or about June 28, 1996, defendants served a verified answer 

to the Original Complaint (the "Original Answer"), and 

WHEREAS, on or about July 12, 1996, by Notice of Motion dated July 12, 

1996, defendants moved, inter alia, pursuant to CPLR § 3212, for summary judgment, and 

WHEREAS, on or about July 18, 1996, plaintiffs served an amended 

complaint (the "Amended Complaint"), which Amended Complaint amends the Original 

Complaint by adding a Third Cause of Action, set out in paragraphs 52, 53 and 54 of the 

Amended Complaint, and 

 



  

4 a » 

WHEREAS, on or about August 23, 1996, by Notice of Cross-Motion dated 

August 23, 1996, plaintiffs cross-moved for summary judgment with respect to the Amended 

Complaint, and 

WHEREAS, the parties hereto wish to present the merits of their motions to 

the Court in the most efficient manner possible, and to avoid the service or presentation of 

unnecessary or duplicative papers, 

NOW, THEREFORE, it is hereby stipulated and agreed, by and between the 

attorneys for the parties herein, as follows: 

1 As amended by this paragraph, the Original Answer shall be deemed to 

be the Amended Answer to the Amended Complaint. The Original Answer is amended to 

add the following paragraphs 40(a) and 40(b), which paragraphs shall be deemed inserted 

immediately following paragraph 40 in the Original Answer: 

40(a). In response to the allegations set forth 

in paragraph 52 of the Amended Complaint, repeat 

and reallege the responses set forth in paragraphs 1 

through 40 above. 

40(b). Deny the allegations set forth in 

paragraphs 53 and 54 of the Amended Complaint 

and respectfully refer the Court to the provisions of 

the General City Law and the City Charter for a 

complete and accurate statement of their contents. 

hhcstip.txt he 11 

 



  

2. Defendants’ Notice of Motion dated July 12, 1996 is deemed amended so 

as to have been made with respect to the Amended Complaint and upon the Amended Answer. 

Dated: New York, New York 

September 9, 1996 

PAUL A. CROTTY 

Corporation Counsel of the 
City of New York 

Attorney for Defendants 

By: Daniel Turbow 
Assistant Corporation Counsel 

100 Church Street 

New York, New York 10007 

(212) 788-0412 

Op) Gyr, 
Ne ARD M. NB ERG) ERG) ESQ. 

al Counsel 

m ouncil of City of New York 

ttdrney for Plaintiffs 

> Gail Zweig 

Of Counsel 

75 Park Place, 5th Floor 

New York, New York 10007 

(212) 788-7000 

  

  

hhcstip.txt 3. 

 



Index No. 004897-96 
  

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
  
  

THE COUNCIL OF THE CITY OF NEW YORK, PETER 

F. VALLONE, SPEAKER OF THE COUNCIL, and 

ENOCH H. WILLIAMS, CHAIR OF THE COUNCIL 

HEALTH COMMITTEE, 

Plaintiffs, 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, NEW YORK CITY HEALTH AND 

HOSPITALS CORPORATION, and NEW YORK CITY 

ECONOMIC DEVELOPMENT CORPORATION, 

Defendants. 

  
  

STIPULATION AMENDING ANSWER 

AND NOTICE OF MOTION 

  
  

PAUL A. CROTTY 

Corporation Counsel of the City of New York 

Attorney for Defendants 

100 Church Street 

New York, N.Y. 10007 

Of Counsel: Daniel Turbow 

Tel: (212) 788-0412 

NYCLIS No. 
  
  

Due and timely service is hereby admitted. 

New York, N.Y.     
   



  Exhibit C  



  

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determination by .the New York City Eealth and fosplials 

Cofporation (BHC), adopted by testluflch °0 [2 into a lease 
Directors on Julysll, 1985, Cal. Ho. 7 SOMES 8 Jeass 

agr + with :Enzo Biochem, Inc. for the ren 
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  Exhibit D  



  

    
A ATA TMS SOW kg 
BILL NUMBER: A11048 
SUMMARY OF PROVISIONS : Section 1 of the bill would repeal 
subdivisions in the definition section of the act defining the 
administrator and administration of health services. This is a 
vestigial office which no longer performs the functions originally 
asgigned to it under the act. Section one would also repeal 
subdivision 7 of section 6 of the act which is related to the duties 
of the administrator, 
Section 2 of the bill renumbers the definition section of the act to 
reflect the elimination of the definition of administrator and 
administration. 
Sections 3 and 4 add to the definition section of the act a definition 
of City Council (City Council of the City of New York) and defines the 
Health and Hospitals Corporation Debt Control Board to be the board 
newly created by section 11 of the bill. 
Section 5 of the bill reconfigures the existing board of the Health 
and Hospitals Corporation (the '"Corporation"). The new board has 
eleven members, three appointed by the Mayor, three appointed by the 
Speaker of the City Council, one appointee each of the Governor, the 
Speaker of the Assembly, the Temporary President of the Senate, and 
one appointee of the Community Advisory Boards. The eleventh member 
would be chosen by the ten appointed members and would serve as 
chairperson of the board. The members of the board would be required 
to have experience in the fields of health care, public finance or 
public policy. 
Section 6 of the bill would amend the section of the act dealing with 
the Health and Hospitals Corporation's powers. Specifically, the bill 
would require the approval of the Debt Control Board for issuance of 
debt by the Corporation. 
Section 7 of the bill would add a new provision to the Corporate 
powers section of the act to grant to the Corporation the explicit 
authority to contract with the City for furnishing of health and 
medical services by the corporation. Such contract or contracts would 
be based on the volume of care provided by the Corporation to the 
Oity. 
Section 8 of the bill relates to the personnel review board. Under 
the current law, vacancies on this board are filled by the Mayor. The 
bill would require that vacancies on the personnel review board be 
filled by the chairperson of the corporation. 
Section 9 of the bill would amend the section of the act related to 
the issuance of bonds to require that such issuance be only after 
authorization of the Debt Control Board created pursuant to section 11 
of the bill. 
Section 10 of the bill would require that annual and special reports 
of the Corporation be submitted to elected state officials, including 
the Governor, the Speaker of the Assembly and the Temporary President 
of the Senate, as well as the Mayor and Speaker of the City Council. 
Section 11 of the bill creates the new Health and Hospitals 
Corporation Debt Control Board. This board would consist of three 
members, one appointee of the Mayor, one appointee of the Speaker of 
the City Council and one appointee of the Comptroller of the City of 
New York. The board would be charged with the duty and authority to 
approve of the financing of any project involving construction 

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1] [ 

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proposed by the corporation. 
Sections 12, 13 and 14 of the bill would ensure that the creation of 
the new board of directors would not interfere with existing business 
of tha Corporation, existing regulations and rules, and existing 
obligations of the Corporation. 
Section 15 of the bill would make the act effective 90 days after 
enactment. 

REASCNS FCR SUPPORT : 

Since August 1995, when the Mayor's Blue Ribbon Advisory Panel 
released a report on the future of HHC calling for the dissolution of 
the Corporation, the Administration has been pursuing an agenda that 
the City Council believes is neither fiscally nor programmatically 
sound. 
The City Council believes that the best way to fulfill HHC's mandate 
to provide "high quality, dignified and comprehensive care and 
treatment for the ill and infirm, particularly to those who can least 
afford such services" is to create a more autonomous HHC with greater 
flexibility to manage its own resources more directly. This bill would 
require changes in the Corporation's governance, allowing for the 
Corporation to determine how best to meet the health care needs of the 
City's poor without the impediments resulting from substantial control 
over its operations by the Executive branch. 
The real challenges confronting the City's health care system 
resulting from federal changes in Medicaid and Medicare, the 
expiration of the State's hospital rate setting and indigent care 
funding mechanism in June 1996, increased managed care and cost 
containment require a commitment to HHC's survival as the safety-net 
provider of indigent care in New York City. All New Yorkers benefit 
from HHC's care for patients who are not served by the rest of our 
health care System. Eliminating HHC would put a severe strain on the 
City's voluntary hospitals at the same time that their revenues are 
being threatened by the combination of commercial managed care and 
Medicald and Medicare reductions. 
Private hospitals do not have sufficient resources to treat all of New 
York City's 1.4 million uninsured patients without some form of 
subsidy. New York City hospitals recently reported an operating 
margin of 1.9 percent, or 0.2 percent for the voluntary hospitals 
alone, when the national average was 4.4 percént. This suggests that 
New York City's voluntary hospitals have minimal extra revenue with 
which to cover the cost of services for which they receive no 
reimbursement. 
Selling HHC facilities is a shortsighted strategy that fails to 
recognize how the entire public health system relies upon the 
individual funding components that allow for cross-subsidization to 
care for the uninsured. Without this synergy, the taxpayers of the 
City will have to bear the entire cost of public health care or live 
in a City vulnerable to health care c¢riges. This bill would preserve 
and strengthen the existing public health delivery systems, thareby 

benefiting all New Yorkers. 
FISCAL IMPLICATIONS : 
None 
EFFECTIVE DATE 1: 
Ninety days after enactment 
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STATE QO. F NEW YORK 

  

11048 

IR ASSEMBLY 

June 12, 1996 

  

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Vann, Gott- 
fried, Clark, Polonetsky, Towns) ~-- read once and referred to the 
Committee on Corporations, Authcrities and Commissions 

AN ACT to amend the New York city health and hospitals corporation act, 
in relation to the powers and duties of the New York city health and 
hospitals corporation, and repealing subdivisions 1 and 2 of section 3 
of B8uch act, relating to the health service administrator and health 
services administration of such city, and subdivision 7 ¢f sgeaction 6 
of such act, relating to policies and plans for delivery of services 
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- 

BLY, DO ENACT AS FOLLOWS: 
Section 1, Subdivisions 1 and 2 of section 3 and subdivision 7 of 

section 6 of section 1 of chapter 1016 of the laws of 1969, constituting 
the New York city health and hospitals corporation act, are REPEALED. 

8 2. Subdivision 3 of section 3 of section 1 of chapter 1016 of the 
laws of 1969, constituting the New York city health and hospitals coxpo- 
ration act, is renumbered subdivision 1. 

8 3. Section 3 of section 1 of chapter 1016 of the laws of 1969, 
constituting the New York ¢ity health and hospitals corporation act, is 
amended by adding two new subdivisions 2 and 3 to read as follows: 

10 2. "CITY COUNCIL" SHALL MEAN THE CITY COUNCIL OF THE CITY OF NEW YORK. 
11 3. "HEALTH AND HOSPITALS CORPORATION DEBT CONTROL BOARD" OR “CONTROL 
12 BOARD" SHALL MEAN THE CONTROL BOARD CREATED PURSUANT TQ SECTION TWENTY-~ 
13 TWO-A OF THIS ACT. 
14 S 4. Section 3 of section 1 of chapter 1016 of the laws of 1969, 
15 constituting the New York city health and hospitals corporation act, is 
16 amended by adding a new subdivision 3-a to read as follows: 
17 3-A. "STARTING DATE OF RECONSTITUTED BOARD OF DIRECTORS" SHALL MEAN 
18 THE DATE NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. 

19 S 5. Subdivisions 1, 2, 3 and 8 of section 4 of section 1 of chapter 
20 1016 of the laws of 1969, constituting thé New York city health and 
21 hospitals corporation act, subdivision 3 as amended by chapter 38 of the 
22 laws of 1970 and subdivision 9 as amended by chapter 724 of the laws of 
23 1976, are amended to read as follows: 

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets 
{ } is old law to be omitted. 

W
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H
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LBD14745-01-6 
PAGE-2 

1. A corporation, to be known as the "New York city health and hospi- 
tals corporation," is hereby created. Such corporation shall be a body 
corporate and politic constituting a public benefit corporation. It 
shall be administered, ON AND AFTER THE STARTING DATE OF THE RECONSTI- 
TUTED BOARD OF DIRECTORS, by a board of directors consisting of {sixteen 
members, constituted as follows: five directors shall be the administra- 
tor, the commissioner eppointed by the mayor as chief administrative 
officer of the health functions of the administration, the director of 
community mental health services ¢f the administration, the administra- V

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   tor of human resources of the city, and the deputy mayor-city adminis- 
trator of the city, or their successors, all serving ex-officio; ten 

12 directors shall be appointed by the mayor, five of whom shall be desig- 
13 nated by the city council of the ¢ity of New York; and the remaining 
14 director shall be the chief executive officer of the corporation. Such 
15 chief executive officer shall be chosen by the aforementioned fifteen 
16 directors from persons other than themselves and shall serve at the 
17 pleasure of the board. The terms of the ten directors first appointed by 
18 the mayor, other than those serving ex-officio shall be as follows: 
19 Two shall serve for terms of one year each, one of whom shall have 
20 been designated by the city council; 
21 Two shall serve for terms of two years each, one of whom shall have 
22 been designated by the city council; 
23 Two shall serve for terms of three yeare each, one of whom shall have 
24 been designated by the ¢ity council; 
25 Two shall serve for terms of four years each, one of whom shall have 
26 been designated by the city council; | 
27 Two shall serve for terms of five years cach, oné of whom shall have 
28 been designated by the city council; 
289 thereafter their successors shall serve for terms of five years each. 
30 The mayor shall fill any vacancy which may occur by reason of death, 
31 resignation or otherwise in a manner consistent with the original 
32 appointment. Directors may be removed by the mayor for cause, but not 
33 without an opportunity to be heard.} ELEVEN MEMBERS, CONSTITUTED, ON AND 
34 AFTER SUCHE STARTING DATE, AS FOLLOWS: THE GOVERNOR, THE SPEAKER OF THE 
35 ASSEMBLY AND THE TEMPORARY PRESIDENT TO THE SENATE SHALL EACH APPOINT 

36 ONE DIRECTOR; THE COMMUNITY ADVISORY BOARDS CREATED PURSUANT TO SUBDIVI- 
37 SION 11 OF THIS SECTION SHALL APPOINT ONE DIRECTOR BY VOTE OF A MAJORITY 
38 OF SUCH BOARDS; THE MAYOR OF THE CITY OF NEW YORK SHALL APPOINT THREE 
3S DIRECTORS AND THE SPEAKER CF THE CITY COUNCIL SHALL APPOINT THREE DIREC- 
40 TORS. THE ELEVENTH DIRECTOR SHALL BE CHOSEN BY THE TEN APPOINTED DIREC- 
41 TORS, BY VOTE OF A MAJORITY OF SUCH DIRECTORS, AND SHALL BE CHAIRPERSON 
42 OF THE BOARD. THE TERMS OF THE BOARD OF DIRECTORS APPOINTED TO SUCCEED 
43 THE BOARD ABOLISHED AS OF SUCH STARTING DATE, SHALL EE AS FOLLOWS! 
44 ONE DIRECTOR APPOINTED BY THE MAYOR, CNE DIRECTOR APPOINTED BY THE 
4% SPEAKER OF THE CITY COUNCIL AND THE DIRECTOR APPOINTED BY THE TEMPORARY 
46 PRESIDENT OF THE SENATE SHALL EACH SERVE A TERM OF TWO YEARS; 
47 ONE DIRECTOR APPOINTED BY THE MAYOR, ONE DIRECTOR APPOINTED BY THE 
48 SPEAKER OF THE CITY COUNCIL, AND THE DIRECTOR APPOINTED BY THE SPEAKER 
49 OF THE ASSEMBLY SHALL EACH SERVE A TERM OF THREE YEARS; 
50 ONE DIRECTOR APPOINTED BY THE MAYOR, ONE DIRECTOR APPOINTED BY THE 
51 SPEAKER OF THE CITY COUNCIL, AND THE DIRECTOR APPOINTED BY THE GOVERNOR 

52 SHALL EACH SERVE A TERM OF FOUR YEARS; 
53 THE DIRECTOR APPOINTED BY THE COMMUNITY ADVISORY BOARDS SHALL SERVE A 

54 TERM OF FOUR YEARS; 
55 THE CHAIRPERSON APPOINTED BY THE BOARD SHALL SERVE A FOUR YEAR TERM; 

PAGE-3 
THEREAFTER, THEIR SUCCESSORS SHALL SERVE FOR TERME OF FOUR YEARS AND NO 
DIRECTOR SHALL SERVE MORE THAN TWO SUCCESSIVE FOUR YEAR TERMS. ANY 
VACANCY IX A DIRECTORSHIP WHICH MAY OCCUR FOR ANY CAUSE, INCLUDING EXPI- 
RATION OF TERM, SHALL BE FILLED BY AN AFPOINTMENT MADE BY THE APPOINTING 
OFFICER (OR BOARDS) WHO (OR WHICH) WOULD BE AUTHORIZED HEREUNDER TO MAKE 
THE APPOINTMENT TO SUCH DIRECTORSHIP IF SUCH APPOINTMENT WERE THE 
ORIGINAL APPOINTMENT (EFFECTIVE ON OR AFTER SUCH STARTING DATE) TO SUCH 
DIRECTORSHIP., ANY VACANCY WHICH MAY OCCUR BY REASON OF DEATH, RESIGNA- O

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TION OR OTHER CAUSE (OTHER THAN EXPIRATION OF TERM) SHALL BE FILLED BY 
AN APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM. DIRECTORS MAY BE 
ns BY THE BOARD FOR CAUSE, BUT NOT WITHOUT AN OPPORTUNITY TO BE 

HEARD. 
2. The {administrator of health services of the city shall be chairman 

of the board of directors. He shall preside over all meetings of the 
board and shall have such other duties as the directors may direct. The 
vice-chairman, who shall be elected by the directors from among them- 
selves, shall preside over meetings of the board in the absence of the 
chairman and shall have such other duties as the board may direct) 
MEMBERS OF THE BOARD SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE 
SL IN THE FIELDS OF HEALTH CARE, PUBLIC FINANCE OR PUBLIC 

P ¥Y. 
3. The powers of the corporation shall bé vested in and exercised by 

the board of directors at a meeting duly held at a time fixed by any 
by-law adopted by the board, or at any duly adjourned meeting of such 
meeting or at any meeting held upon reasonable notice to all of the 
directors, or upon written waiver thereof, and a majority of the whole 
number of directors shall constitute a quorum; provided, that neither 
the business nor the powers of the corporation shall be transacted or 
exercised except pursuant to the favorable vote of at lgast a majority 
of the directors present at a meeting at which a quorum is in attend- 
ance. The board may delegate to one or more of the directors, officers, 
agents or employees of the corporation such powers and duties as it may 
deem proper. For the purposes of this subdivision three, "whole number" 
shall mean the total number of directors that the board would have were 
there no vacancy in the office of a director. 

8. The corporation shall keep each of its facilities and installations 
open to inspection at all times by duly authorized representatives of 
the board {of social services of the state), the comptroller of the 
state, the department of health of the state, the mayor, the director of 
management and budget, the comptroller, (the administration} THE CITY 
COUNCIL, and such other federal, state or city departments or agencies 
authorized by law to so inspect; and each shall bs provided access to 
all of the records, reports, books, papers and accounts of the corpo- 
ration and ite facilities and installations other than privileged 
medical matter. 

S 6. Subdivisions 4, 5, 6, 10, 14, 18, 19 and 20 of section 5 of 
section 1 of chapter 1016 of the laws of 1989, constituting the New York 
city health 2nd hospitals corporation act, paragraph (a) of subdivieion 
20 as amended by chapter 1017 of the laws of 1969, are amended to read 
as follows; 

§. To borrow money and to isgue negotiable notes, bonds or other 
evidences of indebtedness and to provide for the rights of the holders 
thereof in accordance with the provisions of this act; provided, howev- 
er, that the corporation shall not issue bonds, notes or other evidences 
of indebtedness for the construction ¢f a health facility without the 
prior approval of the {mayor and, in the case of major construction, 

PAGE-4 
without first submitting to the mayor a written statement of the chair- 
man of the board stating that the corporation has consulted} HEALTH AND 
HOSPITALS CORPORATION DEBT CONTROL BOARD PURSUANT TO SECTION 
TWENTY-TWO-A OF THIS ACT AND PRIOR CONSULTATION with the New York State 
housing finance agency and the New York State {health and mental hygiene 
facilities improvement corporation with regpect to such major 

id LOO ON &FIP] SE, 60 das 1€6ap9el1l: 131 33143378237 

 



   RS I 

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construction} DORMITORY AUTHORITY. 
8 3. {To} SUBJECT TO THE PROVISIONS OF SECTION TWENTY-TWO-A OF THIS ACT, 

§ TO make and to execute contracts and leases and all other agreements or 
10 instruments necessary or convenient for the exercise of its powers and 
11 the fulfillment of its corporate purposes; 
12 6. {To} SUBJECT TO THE PROVISIONS OF SECTION TWENTY-TWO-A OF THIS ACT, 
13 TO acquire, by purchase, gift, devise, lsase or sublease; and to accept 
14 jurisdiction over and to hold and own, and dispose of by sale, lease or 
15 sublease, real or personal property, including but not limited to a 
16 health facility, or any interest therein for its corporate purposes; 
17 provided, however, that no health facility or other real property 
18 acquired or constructed by the corporation shall be sold, leased or 
19 otherwise transferred by the corporation without public hearing by the 
20 corporation after twenty days public notice and without the consent of 
21 the {board of estimate of the} city COUNCIL; 
22 10. To determine, in accordance with standards established by the 
23 {administration} CORPORATION, the conditions under which a physician may 
24 be extended the privilege of practicing within a& health facility under 
25 the jurisdiction of the corporation, and to promulgate reaszonable rules 
26 and regulations for the conduct of all persons, physicians and nurses 
27 within any such facility; 
28 14. To construct and equip, or by contract cause to be constructed and 
29 equipped, health facilities, subjsct to the approval of (I) the council 
30 AND (II) THE HEALTH AND HOSPITALS CORPORATION DEBT CONTROL BOARD PURSU- 
31 ANT TO SECTION TWENTY-TWO-A OF THIS ACT; 
32 18. To cooperate with any organization, public or private, including 
33 the {health and mental hygiene facilities improvement corporation as 
34 established by an act entitled the health and mental hygiene facllities 
35 improvement act} NEW YORK STATE DORMITORY AUTHORITY, and the New York 
36 state housing finance agency, the objects of which are similar to the 
37 purpcses of the corporation; 
38 19. To use agents, employees and facilities of the city, subject to 
39 such limitations as may ke prescribed by collective bargaining agree- 
40 ment, and subject to the consent of the mayor AND TO CONTRACT WITH THE 
41 CITY FOR THE USE OF SUCH AGENTS, EMPLOYEES AND FACILITIES; 
42 20. (a) To exerclse and perform all or part of its purposes, powers, 
43 duties, functions or activities through one or more wholly-owned subsid- 
44 dary public benefit corporations subject to limitations provided herein. 
45 The board of the corporation by resolution may direct any of thé direc- 
46 tors, officers or employees of the corporation to organize any such 
47 subsidiary corporation as a public benefit corporation by executing and 
48 filing with the secretary of state a certificate of incorporation, which 
49 may be amended from time to time by filing with the secretary of state, 

50 and which shall set forth the name of such public benefit corporation, 
51 its duration, the location of its principal offices and any or all of 
52 the powers and purposes of such corporation{, provided, however, that no 
53 such subsidiary ccrporations shall be established for the purpose of 
54 operating a health facility or the delivery of direct patient care with- 
55 out the prior approval of the mayor and, except in the case of the 

PAGE-5 : 
1 Harlem Hospital Center or the new Herlem Hospital Center, until at least 
2 two years shall have elapsed from the effective date of this act}. 
3 (b) No subsidiary corporation shall have the power to engage in 
4 collective bargaining cr negotiate with any organization representing 
5 any of its employees, or toc enter into collective hargaining agreements 

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    with any such organization. Each such subsidiary corporation shall oper- 
ate under personnel administration policies, practices, procedures and 
programs, and terms and conditions of employment of the corporation, 

9 including those agreed to in collective bargaining and determined by the 
10 comptroller of the city pursuant to section two hundred twanty of the 
11 labor law. 
12 (c) Each such subsidiary corporation and any of its properties, func- 

13 tions and activities shall have all of the privileges, immunities, tax 
14 exemptions and other exemptions of the ccrporation and of the corpo- 
15 ration's properties, functions and activities except, however, no such 
16 subsidiary corporation shall issue bonds and notes or form subsidiary 
17 corporations. Each such subsidiary corporation shall be subject to suit 
18 in accordance with the provisions of section twenty of this act. Any 
19 state, city, commission, agency, officer, department, division or person 
20 is authorized to cooperate with and enter into such agreements with a 
21 subsidiary corporation subject to the provisions of this act and to any 
22 agreement entered into pursuant thereto; provided, however, that each 
23 such subsidiary corporation shall be subject to any restrictions, 
24 approvals, and limitations to which the corporation may be subject; 
25 8 7. Section 5 of section 1 of chapter 1016 of the laws of 1969, 
26 constituting the New York city health and hospitals corporation act, is 
27 amended by adding a new subdivision B8-a to read as follows: 
28 8-A. TO PROVIDE TO THE CITY HEALTH AND MEDICAL SERVICES BY CONTRACT 
29 AGREEMENT OR AGREEMENTS, PROVIDED, HOWEVER, THAT SUCH CONTRACT AGREEMENT 
30 OR AGREEMENTS MUST PROVIDE FOR COMPENSATION BASED ON VOLUME OF CARE 
31 PROVIDED BY THE CORPORATION TO THE CITY. SUCH SERVICES MAY INCLUDE (BUT 

32 ARE NOT LIMITED TO) HEALTH SERVICES FOR THE CITY'S UNIFORMED SERVICES, 

33 PERSONNEL AND PRISONERS, AND MEDICAL SERVICES FOR THE CITY'S MORGUES AND 
34 THE PROVISION OF EMERGENCY MEDICAL SERVICES. 
35 S 8. Subdivision 8 of section 9 of section 1 of chapter 1016 of the 
36 laws of 1969, constituting the New York city health and hospitals coxpo- 
37 ration act, is amended to read as follows: 
38 8. (a) For a period of five years after the creation of the corpo- 
39 ration, the corporation shall, in its by-laws, provide for the creation 
40 of a personnel review board, consisting of three members who shall be 
41 appointed for annual terms as follows: one member designated by the 
42 corporation; one member designated by the municipal labor committee 
43 established pursuant to section {1173-9.0} 12-312 of the New York city 
44 administrative code, and one member, who shall be the {chairman} CHAIR- 
45 PERSON, designated by the other two members of the personnel review 

46 board. After the aforesaid period of five years, all vacancies in the 
47 personnel review bcard shall be filled by appointment by the {mayor} 

48 CHAIRPERSON OF THE BOARD OF THE CORPORATION. The {chairman} CHAIRPERSON 

4S of the personnel review board shall receive a per diem fee of not less 

50 than one hundred fifty dollars and the other two members shall each 
51 receive a per diem fee of not less than one hundred twenty-five dollars, 

52 when actually rendering services, in addition to actual and necessary 

53 expenses incurred in the performance of thelr duties. 
54 (b) Except for matters which are subject to collective bargaining 

55 agreement, the personnel review board shall have the right to review, at 

S56 the instance of any aggrieved employee of the corpcration or any certi- 

PAGE-6 
1 fled employee organization representing such employee, any by-law, rule 

2 or regulation promulgated pursuant to subdivision one of this section 

3 nine or any action of the corporation related thereto and upon such 

60° d 00 ON QC: pl $5.60 988 1669796214: 131 FIT 40°93 TAN 

 



    
4 review to direct the corporation to take or refrain from such action as 
5 the personnel review board shall deem proper except, however, nothing 
€ contained in this section nine shall abridge the right of the corpo- 
7 ration to exercise any managerial prerogatives which were reserved by 
8 the city in section five-c of the aforesaid mayor executive order number 
9 fifty-two. 

10 The personnel review board shall, whan requested by the board of 
11 directors, conduct any special reviews, studies, investigations or 
12 analyses of the administration of personnel in the corporation. 

13 S 9. Secticn 12 of s=mection 1 of chapter 1016 of the laws of 1969, 
14 constituting the New York city health and hospitals corporation act, is 
13 amended by adding a new subdivision 8 to read as follows: 
16 8B. THE POWERS GRANTED TO THE CORPORATION BY THE PRECEDING PROVISIONS 
17 OF THIS SECTION, INSOFAR A8 THEY RELATE TO ANY PRCJECT INVOLVING 
18 CONSTRUCTION (AS DEFINED IN SUBDIVISION SEVEN OF SECTION THREE OF THIS 

19 ACT) WHICH IS INITIATED ON OR AFTER THE STARTING DATE OF THE RECONSTI- 
20 TUTED BOARD OF DIRECTORS, SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 
21 TWENTY-TWO-A OF THIS ACT. 
22 8 10. Section 22 of mection 1 of chapter 1016 of the laws of 19569, 
23 constituting the New York city health and hospitals corporation act, is 
24 amended to read as follows: 
25 8 22. Annual and special reports. 1. Within one hundred twenty days 
26 after the end of the fiscal year of the corporation, the directors ther- 
27 eof shall submit to the mayor, the comptroller, the SPEAKER OF THE city 
28 council {of the city of New York}, THE GOVERNOR, THE TEMPORARY PRESIDENT 
28 OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, and the state comptroller 
30 a complete and detailed report setting forth: 
31 (a) its operations and accomplishments during such fiscal year; 
az (b) its receipts and expenditures during such fiscal year in accord- 
33 ance with categories or classifications established by the corporation 
34 for its own operating and capital cutlay purposes; 
35 (c) its assets and liabilities at the end of such fiscal year includ- 
36 ing a schedule of its bonds, notes or other obligations and the status 
37 of reserves, depreciation, special, sinking or other funds; 
38 (d) details of health facilities being planned or in the process of 
39 being constructed or otherwise acquired and health facilities that have 
40 been constructed or acquired; 
41 (e) the performance of the corporation in completing construction by 
42 designated completion dates and within cost estimates; 
43 (f) the names, addresses and qualifications of architects, engineers 
44 or other consultants retained by the corporation and a statement of any 
45 amounts paid or to be paid to such persons for their services; 
46 (g) the detalls of any leases or salez or other dispositions of health 
47 facilities including the fees, rental and charges received or to be 
48 received therefrom; 
49 (h) such other information relating to the operations of the corpo- 
50 ration as shall be deemed pertinent by the directors, the mayor, the 
51 comptroller, the city council of the city of New York, THE GOVERNOR, THE 
52 ASSEMBLY OR THE SENATE OF THE STATE OF NEW YORK, or the state comp- 
33 troller. 
54 2. The {chairman} CHAIRPERSON of the corporation, on behalf of the 
55 directors thereof, on or before December first of each year, shall 
56 prepare and submit tc the mayor, THE GOVERNOR, THE TEMPORARY PRESIDENT 

PAGE-7 
1 OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND THE SPEAKER OF THE 

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A : » 

CITY COUNCIL & complete and detailed special report setting forth: 
(a) an itemized budget of the expected receipts and expenditures of 

the corporation during the next fiscal ysar; and 
(b) information as to the issuance or payment, or provision therefor, 

of bonds, notes and other obligations of the corporation during such 
next fiscal ysar. ; 

S 11. Section 1 of chapter 1016 of the laws of 1969, constituting the 
New York city health and hospitals corporation act, is amended by adding 

10 a new section 22-a to read az follows: 
11 S 22-A., THE HEALTH AND HOSPITALS CORPORATION DEBT CONTROL BOARD. 1. 
12 THE HEALTH AND HOSPITALS CORPORATION DEBT CONTROL BOARD IS HEREBY 
13 CREATED TO HAVE AND EXERCISE THE POWERS, DUTIES AND PREROGATIVES VESTED 
14 IN SUCH BOARD BY THE PROVISIONS OF THIS CHAPTER. 

15 2. MEMBERSHIP OF THE CONTROL BOARD SHALL CONSIST OF THREE PERSONS, ONE 
16 MEMBER APPOINTED BY THE SPEAKER OF THE CITY COUNCIL, ONE MEMBER 
17 APPOINTED BY THE COMPTROLLER OF THE CITY OF NEW YORK, AND ONE MEMBER 
18 APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK. THE MEMBERS SHALL ALL BE 

19 INDIVIDUALS WITH EXTENSIVE EXPERIENCE AND KNOWLEDGE IN THE FIELD OF 
20 PUBLIC FINANCE. THE TERM OF THE MEMBERS FIRST APPOINTED SHALL CONTINUE 
21 UNTIL JANUARY THIRTY~FIRST, NINETEEN HUNDRED NINETY-EIGHT AND THEREAFTER 

22 THEIR SUCCESSORS SHALL SERVE FOR A TERM OF TWO YEARS ENDING ON JANUARY 

23 THIRTY-FIRST. THE CONTROL BOARD SHALL ACT BY MAJORITY VOTE OF THE ENTIRE 
24 BOARD. ANY DETERMINATION OF THE CONTROL BOARD SHALL BE EVIDERCED BY A 

25 CERTIFICATION THEREQF EXECUTED BY ALL THE MEMBERS. EACH MEMBER OF THE 
26 CONTROL BOARD SHALL BE ENTITLED TO DESIGNATE A REPRESENTATIVE TO ATTEND 
27 MEETINGS OF THE CONTROL BOARD IN HIS OR HER PLACE, AND TO VOTE OR OTHER- 

28 WISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE. NOTICE OF SUCH 
29 DESIGNATION SHALL BE FURNISHED IN WRITING TO THE CONTROL BOARD BY THE 
30 DESIGNATING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE PLEASURE OF THE 
31 DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A REPRESENTATIVE 

32 SHALL NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER DUTIES OR FUNC- 
33 TIONS TQ ANY OTHER PERSON. 
34 3. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, GENERAL, 
35 SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR POLITICAL 
36 SUBDIVISION OF THE STATE, ANY GOVERNMENTAL ENTITY OPERATING ANY PUBLIC 
37 SCHOCL OR COLLEGE OR OTHER PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF 

38 GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE 
39 STATE, SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR 
40 HER ACCEPTANCE OR APPOINTMENT AS A MEMBER, REPRESENTATIVE, OFFICER, 
41 EMPLOYEE OR AGENT OF THE CONTROL BOARD NOR SHALL SERVICE AS SUCH MEMBER, 

42 REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE CONTROL BOARD BE 
43 DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE OR EMPLOYMENT. 
44 4. THE MEMBERS OF THE CONTROL BOARD SHALL SERVE WITHOUT SALARY OR PER 

45 DIEM ALLOWANCE BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND 
46 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSU- 
47 ANT TO THIS SECTION OR OTHER PROVISION OF LAW, PROVIDED, HOWEVER, THAT 
48 SUCH MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES ARE 

49 INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT. 
50 S. THE HEALTH AND HOSPITALS CORPORATION DEBT CONTROL BOARD CREATED 
51 PURSUANT TO THIS SECTION SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY 
52 TO RECEIVE APPLICATIONS FROM THE HEALTH AND HOSPITALS CORPORATION FOR 
53 APPROVAL OF THE FINANCING OF ANY PROJECT INVOLVING CONSTRUCTION (AS 

54 DEFINED IN SUBDIVISION SEVEN OF SECTION THREE OF THIS ACT) PROPOSED BY 
5% SUCH CORPORATION. THE HEALTH AND HOSPITALS CORPORATION SEALL NOT MAKE 
56 ANY COMMITMENTS, ENTER INTO ANY AGREEMENTS, OR INCUR ANY INDEBTEDNESS 

     
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  Exhibit E  



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STATE OF NEW YORK ~-  -4.. 

neg is 

  

  

8856 

IN ASSEMBLY 

February 21, 1935 

  

Introduced by M. of A. VANN, - GOTTFRIED, CLARK, - POLONETSKY, ARROYO, JACOBS, MREXS, McLAUGHLIN, WRIGHT, RAMIREZ =- Multi-Sponsorzed by -- M. of A. BARBARO, CONNELLY, DINOWITZI, FELDMAN, GLICK, GREEN, GRIFFITH, KATZ, LAPAYETTE, MURTAUGH, NOLAN, STRINGER -- read once and referred to the Committee on Cities 

AN ACT to amend the edusation law, the facilities developnent corpo- ration aet, the general city law, the genezal municipal law, the New York city health and hcapitals ¢orparation act, the public authorities lav, the public lands law and chxpter 345 of the laws of 1968, consti~. tuting an act to establish a United Nations development district and to form a corporation for the purpoze of formulating and administering plans for the development of such distzict for purpOtes of the United Nations, in relation to rexoving existing references to the board of estimate Of the city of New York 

LJ 

The People of the Stats of New York, fepregented in fesnate and Assenm- kli, 60 enhet ag follows: ra : 
Section 1, Subdivisicns (a) and (b) of section 6277 of the education lav, subdivision (a) as amended and subdivision (b) as added by chapter 612 of the laws of 1969, are amended to read 28 follows: 
(a) Notwithstanding the provisions of any general, special or local law, charters or ordinance to the contrary, On request of the fund and with the approval of the city [boazd of estimate] council, the city of Rew York ‘may eell, convey, lease, exchange or otherwise make available to the dormitcry authority, for a nominal consideration, any interest in real property of the city designated by the board of higher educaticn as 10 suitable for a facilicy, Such sale, conveyance, lease, exchange, or 11 other disposition may be made at sominal cost .and without the require=~ ‘712° ment ¢f public auction oz ssaled bids, or restriction. ae to the tern of 13 any such lease or. arrangement, and the provisions of subdivision b of 14 section three hundred eighty-four of the New York city charter shall not 13 apply in such cases. Conveyances made pufiuant to this section shall 36 include but shall not be limited to zeal propeczty on which are situated ‘17 fadllities of, or are unde: the jurisdiction of, or assigned to,. the 18 board of highe: education. 

    

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A. 8896 4 ; 1 

$ B13. Limitation as to amount Of money to be raised special ] 

provision in New York city. No restriction or limitation imposed by law y 

as to the sum to De raised in any year in any city or village shall X 

apply to the monays to be raised for the purposes specified in the last { 

preceding section; but the sald monays chall he raised in addition to ' 

any sum so restricted or limited, : { 

{In the city of Naw York the powers and duties devolved upon the 

common council of a city by secticn eighty-two of this chapter shall be 

exercise! by the board of estimate and apportionment.) 

10 § 7. Subdivisions 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 

11 15 of section 3 of section 1 of chapter 1016 of the laws of 1969, 

12 constituting the New York city health and hospitals corporation act, are . 

13 renumbered subdivisions 7, 8, 9, 10, Li, 22, 13, 14, 15, 16,°17, 18, 19 

14 and 20. : : 

15 § 8. BSection 3 of section 1 of chapter 1016 of the laws of 1969, 

16 constituting the New York city health and hospitals cozporation act, is 

17 amehded by adding a new subdivision 6 to read as follows: ; 

18 f. "City council™ shall mesmn neil of the city of W 

‘19 § 9. Gubdivision 6 of section 5 of section 1 Of chapter 1016 of the 

20 laws of 1969, constituting the Naw York city health and hospitals cocpo- 

21 ration act, is 4mended to read as follows: 

22 6. To acquire, by purchase, gift, devise, lease Or sublease, and to 

: 23 accept jurisdiction over and to hold and own, and dispose of by sale, 

24 lease or sublease, real or parsonal property, including but not limited 

25 to a health facility, or any interest therein for its corpérate 

26 purposes} provided, however, that no health facility or other raal prop- 

27 erty acquired or constructed by the corporation shall be 80ld, leased or 

28 otherwise transferred by the corporation without publicsheasring by the 

29 corporation after twenty days public notice and without the consent of 

3 the [board of estimate of thel city council: £3 ! 

3 § 10. Paragraph (b) of subdivision 9 of section 1680 of .the public 

32 authorities law, as amended by chapter 332 of the lave of 1573, is 

31 amended tc read as follows: 

34 (b) Notwithstanding the p:zovisions of any general, special or local t 

35 law, charter or ordinance to the contrary, On request ctf tha local spon 4 

36 sor of a locally sponsored community college in the city of Few York and 

37 with the approval of the city [board of estimate) gouncil, the city of 

38 New York may sell, convey, lease, exchanges oI otherwise make available 

39 to tha dormitory authority, for a nominal consideration, any interest in 

' 40 real property of the city designated by such local sponsor - a8 suitable 

‘41 for a facility. Such sale, conveyance, lease, saxchange, or other dispo- : 

&2 sition may be made at a nominal cost and without - the requirement of [ 

43 public auction or sealed bids, or restriction as .to the term of any such 

44 lease or amrrangement, and the provisions of subdivision b of section 

45 three hundred eighty-four of the New York city charter shall not ‘apply 

46 in such cases. Conveyances made pursuant to this section shall include 

47 but shall not be limited to reel property on which are situsted tfacili- 

48 -tiee of, or are under the jurisdiction of, or assigned to, the board af 

49 education of the gity school district of the city of New" York. 

. 50 § 11. Pacagraph (c) of subdivision § of section 1680 of the public 

51 authorities law, as amended by chapter 332 of the laws of 197%, is 

52 amended to read as follows: : ; ! 

53 (c) Notwithstanding the provisions of any genazal, special or local 

84 law, charter or ordinance to the contrary, the city {board of estimate] 

85 councli on behalf of the city of New York may grant revocable or Iirrev- 

56 ocable consents or rights of any kind or nature whatsoever, providing j 

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Index No. 004897-96 and Index No. 10763-96 respectively 
  

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
  

THE COUNCIL OF THE CITY OF NEW YORK, et al., 

Plaintiffs, 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, et al., 

Defendants. 

  

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - 
QUEENS COALITION, an unincorporated association, et 

al., 

Plaintiffs, 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, et al., 
Defendants. 

  

AFFIRMATION OF DANIEL TURBOW 

  

PAUL A. CROTTY 
Corporation Counsel of the City of New York 

Attorney for Defendants 

100 Church Street 

New York, N.Y. 10007 

Of Counsel: Daniel Turbow 
Tel: (212) 788-0412 
NYCLIS No. 
  

Due and timely service is hereby admitted. 

New York, N.Y.