Notice of Motion; Affirmation in Support
Public Court Documents
April 3, 1997

11 pages
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Case Files, Campaign to Save our Public Hospitals v. Giuliani Hardbacks. Notice of Motion; Affirmation in Support, 1997. 945d874f-6835-f011-8c4e-0022482c18b0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5e30cb0b-3b2e-4b02-a99c-44a0e4d28c45/notice-of-motion-affirmation-in-support. Accessed July 26, 2025.
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Pe | / / f SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - QUEENS COALITION, an unincorporated association, by its member NOTICE OF MOTION WILLIAM MALLOY, CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - CONEY ISLAND Case No. 97-01339 HOSPITAL COALITION, an unincorporated association, by its member PHILIP R. METLING, ANNE YELLIN, and MARILYN MOSSOP, Plaintiffs-Respondents, - 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-Appellants. PLEASE TAKE NOTICE, that upon the annexed affirmation of ELIZABETH DVORKIN, dated April 3, 1997, and the exhibits annexed thereto and the briefs and records filed on this appeal, defendants will move this Court at the Courthouse located at 45 Monroe Place, Brooklyn, New York, on April 11, 1997, for an order granting a preference in calendaring this appeal and directing that this appeal be argued together with the appeal in Council v. Giuliani, Case No.97-01337 DATED: TO: New York, New York April 3, 1997 PAUL A. CROTTY Corporation Counsel of the City of New York Attorney for Defendants 100 Church Street New York, New York 10007 (212) 788-1024 By: Elizabeth Dvorkin Assistant Corporation Counsel EVETTE SOTO MALDONADO Puerto Rican Legal Defense & Education Fund, Inc. Attorney for Plaintiffs-Respondents 99 Hudson Street, 14th Floor New York, New York 10013 (212) 219-3360 RACHEL D. GODSIL NAACP Legal Defense & Education Fund, Inc. Attorney for Plaintiffs-Respondents 99 Hudson Street, Suite 1600 New York, New York 10013 (212) 291-1900 BARBARA OLSHANSKY Center for Constitutional Rights Attorney for Plaintiffs-Respondents 666 Broadway New York, New York 10012 (212) 614-6139 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - QUEENS COALITION, an unincorporated association, by its member AFFIRMATION IN WILLIAM MALLOY, CAMPAIGN TO SAVE SUPPORT OUR PUBLIC HOSPITALS - CONEY ISLAND HOSPITAL COALITION, an unincorporated Case No. 97-01339 association, by its member PHILIP R. METLING, ANNE YELLIN, and MARILYN MOSSOP, Plaintiffs-Respondents, - 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-Appellants. ELIZABETH DVORKIN, an attorney admitted to practice law before the Courts of this State, affirms under penalty of law: 1. I am an attorney in the office of PAUL A. CROTTY, Corporation Counsel of the City of New York, attorney for defendants - appellants in this matter. I make this affirmation in support of defendants’ motion for a preference in the calendaring of this appeal and for an order directing that this appeal be argued together with the appeal in Council v. Giuliani, Case No. 97-01337. 5 This case concerns whether the New York City Health and Hospitals Corporation ("HHC") may sublease Coney Island Hospital to a private hospital company, PHS-NY. By order and judgment entered February 5, 1997, the Supreme Court, Queens County (Posner, J.), declared that the HHC Act bars HHC from entering into such a sublease. 3. The sublease is an important part of HHC’s planning to adapt to the changes sweeping the field of health care. Accordingly, defendants immediately perfected their appeal to this Court, serving and filing the brief and record on appeal on March 11. 4. While defendants are confident that this Court will reverse the lower Court's order and declare that HHC acted within its authority when it subleased Coney Island Hostal the existence of the lower Court decision threatens to slow all the other necessary administrative and judicial reviews. The resulting delays may be sufficient to kill the sublease, not because it is illegal or unwise, but simply because too much time has passed. Because HHC firmly believes that this transaction is in the best interests of the people it serves, we respectfully request that this Court grant this application for a preference in calendaring the appeal so that this Court may address the parties’ contentions on the merits in time to make a difference for bring this transaction into fruition. 5. A significant transaction, such as the sublease of Coney Island Hospital, necessarily involves a series of administrative and judicial reviews. HHC and PHS-NY originally anticipated that they would not be able to close on the sublease until the State Department of Hospitals issued the necessary approvals, PHS-NY had negotiated a labor agreement, PHS-NY had obtained its financing and all litigation had been concluded.’ | The Campaign plaintiffs, with other groups, have brought two other actions challenging other aspects of the transaction, which are presently pending before the Supreme Court. In Jones v. Giuliani, N.Y. Co. Index No. 96-117768 (Gangel-Jacob, J.), plaintiffs argue that the HHC Board had insufficient information regarding the sublease and that the sublease violated procurement rules. In Commission on the Public’s Health System v. HHC, N.Y. Co. Index No. 97-103242 (Gangel-Jacob, J.), plaintiffs argue that HHC failed to comply with the State (continued...) 2 6. Because the lower Court's declaration that the HHC Act bars HHC from subleasing a hospital goes to the heart of the proposed deal, its very existence has slowed the progress of these remaining approvals. Although HHC had moved for summary judgment in November in another pending challenge to the transaction, Jones v. City, once the lower Court issued its judgment, the New York County Supreme Court struck Jones off the calendar, and only recently agreed to restore the matter and issue a decision. A copy of the Jones order striking the case from the calendar is attached as Ex. A. In addition, after the lower Court issued its judgment, the State Department of Health referred to the possibility that HHC might have to obtain new legislation in discussing the certificate of need application process. A copy of the State Department of Health letter is attached as Ex. B. Thus, defendants now request that this Court hear their appeal as soon as possible, so that the entire approval process can get back on track. 7. By this motion, defendants also request that this appeal be heard together with the appeal in Council v. Giuliani, Case No. 97-01337. The Campaign case and the Council case were argued together before the lower Court, who issued a single opinion covering both cases. The lower Court’s judgment in both cases contains identical decretal paragraphs. Defendants perfected the appeals together, and submitted the same appellants’ brief in both cases. It would be in the interest of judicial economy to have both cases heard by the same pie! at the same time. L (...continued) Environmental Quality Review Act before approving the sublease. In addition, the labor unions representing workers at Coney Island Hospital have brought unfair labor practice proceedings before the Board of Collective Bargaining concerning the decision to privatize. E.g. DC 37 v. City of New York, BBB-1837-96. ip WHEREFORE, it is respectfully requested that this Court issue an order granting a preference in the calendaring of this appeal and directing that this appeal be argued together with Council v. Giuliani, Case No. 97-01337. Dated: New York, New York April 3, 1997 Di WO ELIZABETN DVORKIN Exhibit A r OF THE STATE OF NEW YORK — NEW Y@RK COUNTY i SR ; - eanr SU v * INDEX NO. "MOTION DATE {. MOTION SEQ. NO. MOTION CAL. MO. PAPERS NUMBERED q A fl A A 3 es s. Be x Replying oo Cross- Motion bi Upon the ro ay s motion aud (ik id ds. tl AHEAD R R E D TO nd 1&2 4 : < % 7 ¢ lL ) Ld z ; me {Y. £. ZA Eg 4 rr 2 iy 74 7d a 11 i I A NY oS 5 : x 1 , al JV 1 ALLY] i ; a L ju Ta WE to A “i pi bi pil HN Iter ANG CLiA A oe A) ig 2 Ie ur iy 4 ; X of Ll AAI Ld QO . — LL * -. al x Oo 2 : = = : 5 on / : 3 "en Ri 0 i oT. Loa [2 : be L3.C. 1 NON- FINAL PISPOSITION Exhibit B NISL LROHL FERS Fax ISIE 4 gon State of New York ent of Health Coming Tower, Empire Sate Plan Albany, New York 12237 BARBARA A. DEBUONO, J.D. M.2.H. February 4, 1997 Phone: (518) 474-2011 Commissioner Fax: (318) 474-9450 Alan G. Hevesi Comptroller of the City of New York | Centre Street New York, New York 10007-2341 Dear Comptroller Hevest: Thank you for your letter regarding the New York City Health and Hospitals Corporation's (HHC) proposed sublease of Coney Island Hospital to Primary Health Systems- New York (PHS-NY). Under Article 28 of the New York State Public Health Law, entities that propose to become cstablished as operators of health care facilities must obtain the approval of the State Public Health Council (PHC). The process includes reviews and recommendations by the State Hospital Review and Planning Council (SHRPC) and Department of Health staff, under whose auspices the Public Health Couacil review process is coordinated. Staff indicate that HHC and PHS-NY are aware of this requiternent and have indicated their intent to submit an application for review, The State Suprerne Court has recently ruled that the proposed sublease may first require an amendment to the 1970 state law that established the HHC, as well as extensive public review and approval by the New York City Council. These activities must be carried out prior to the submission of an application. All applications submitted to the department are reviewed carefully and comprehensively to ensure their compliance with all applicable provisions of the Public Health Law and to address any issucs regarding the need for such services, the financial feasibility of the proposed arrangement. and the charecter and competence of the proposed applicant. The review process includes opportunity for full discussion concerning applications at the public meetings of the SHRPC Project Review Commirtes and the PHC Establishment Committee, as well as at the meetings of the full Councils. Thapk you for sharing with me the information aad issues outlined in your letter. Basis dfnrS mb Barbara A. DeBuono, M.D, M.P H. Commissioner of Health ate PpCirywie Comes | Pm Sad Carper Ganlell Index No. 97-01339 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS, ET AL > Plaintiffs-Respondents, - against - RUDOLPH W. GIULIAN, ET AL Defendants-Appellants. 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: Elizabeth Dvorkin Tel: (212) 788-1024 NYCLIS No. w Due and timely service is hereby admitted. New York, N.Y. he dain vomta nis 129. Pa PN he THE RN Sa pe mie. Wey AL ir chr ne A Sel vee a hac SS REE Cull RC RR IESE SE