Notice of Settlement and Proposed Order and Judgment

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SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS 

- QUEENS COALITION, an unincorporated 

  

association, by its member WILLIAM MALLOY, NO T1 CE OF 

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS SETTLEMENT AND 

- CONEY ISLAND HOSPITAL COALITION, an PROPOSED ORDER 

unincorporated association by its member PHILIP R. * AND JUDGMENT 

METLING, ANNE YELLIN, and "MARILYN h 

MOSSOP, Index No. 10763/96 

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. 

PLEASE TAKE NOTICE that the within is a copy of a proposed Order and 

Judgment which will be submitted for settlement to the Honorable Herbert A. Posner, at IAS 

Part 5, of the Supreme Court of the State of New York, to be held at 88-11 Sutphin Boulevard, 

Jamaica, New York, on the 30th day of January, 1997, at 9:30 a.m. or as soon thereafter as 

 



  

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counsel may be heard. 

Dated: 

TO: 

New York, New York 

January 29, 1997 

PAUL A. CROTTY 

Corporation Counsel of the 
City of New York 

Attorney for Defendants 
100 Church Street, Room 

New York, New York 10007 

(212) 788-0412 
By: Daniel Turbow 

Assistant Corporation Counsel 

Puerto Rican Legal Defense & Education Fund, Inc. 

Kenneth Kimmerling, of Counsel 

99 Hudson Street 

New York, New York 10013 

(212) 219-3360 

NAACP Legal Defense & Educational Fund, Inc. 

Rachel D. Godsil, of Counsel 

99 Hudson Street, Suite 1600 

New York, New York 10013 

(212) 219-1900 

 



  

At an IAS Motion Part 5, of the Supreme 

Court of the State of New York, held in and 

for the County of Queens, at the Courthouse 

located at 88-11 Sutphin Boulevard, Jamaica, 
New York, on the day of January, 1997. 

PRESENT: 

HON. HERBERT A. POSNER, 
JUSTICE: 

CAMPAIGN TO SAVE OUR PUBLIC 
HOSPITALS - QUEENS COALITION, an ORDER AND 
unincorporated association, by its member JUDGMENT 

WILLIAM MALLOY, CAMPAIGN TO SAVE 

OUR PUBLIC HOSPITALS - CONEY ISLAND Index No. 10763/96 
HOSPITAL COALITION, an unincorporated 
association by its member PHILIP R. METLING, 

ANNE YELLIN, and MARILYN MOSSOP, 

  

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. 

Plaintiffs Campaign to Save Our Public Hospitals - Queens Coalition, an 

unincorporated association, by its member William Malloy, Campaign to Save Our Public 

Hospitals - Coney Island Hospital Coalition, an unincorporated association by its member Philip 

R. Metling, Anne Yellin, and Marilyn Mossop, having commenced this action seeking a 

declaration that (i) defendants violated New York City Charter § 197-b by failing to submit their 

 



  

plans for privatization of Coney Island Hospital, Queens Hospital Center and Elmhurst Hospital 

Center (the "Subject Hospitals") and requests for proposals to the New York City Planning 

Commission and the affected community boards and borough presidents; (ii) defendants are 

required to submit their contracts for lease of the Subject Hospitals for review and approval 

under the Uniform Land Use Review Procedures ("ULURP") set forth in New York City 

Charter § 197-c; and (iii) doiontanl’ proposed sublease of Coney Island Hospital to a 

corporation violates the New York City Health and Hospitals Corporation Act (Laws of 1969, 

ch. 1016, Unconsolidated Laws §§ 7381 et seq.), and defendants Rudolph W. Giuliani, the 

Mayor of the City of New York, the New York City Health and Hospitals Corporation, and the 

New York City Economic Development Corporation, having moved to consolidate this action 

with an action entitled The Council of the City of New York, et al. v. Rudolph W. Giuliani, The 
  

  

Mayor of the City of New York, et al., Index No. 004897-96 (Sup. Ct. Queens Co.) (the 

"Council Action"), and for summary judgment in both actions, and plaintiffs having cross-moved 

for summary judgment, and the motions having duly come on to be heard, 

NOW, upon the reading and filing of the defendants’ Notice of Motion to 

Consolidate and for Summary Judgment dated July 12, 1996, the plaintiffs’ Notice of Cross- 

Motion for Summary Judgment dated August 23, 1996, the Affidavit of Luis Marcos, M.D. 

dated July 11, 1996, and the exhibits thereto, submitted in support of defendants’ motion to 

consolidate and for summary judgment, the Affirmation of Daniel Turbow dated September 12, 

1996 and the exhibits thereto, the Reply Affirmation of David Karnovsky dated September 30, 

1996 and the exhibits thereto, the Supplemental Affirmation of Daniel Turbow dated November 

19, 1996 and the exhibits thereto, and the Supplemental Reply Affirmation of Daniel Turbow 

dated November 29, 1996, all submitted in support of defendants’ motion for summary judgment 

2. 

 



  

and in opposition to plaintiffs’ cross-motion for summary judgment, and the Affirmation of 

Robert Carver dated December 20, 1996 and the exhibits thereto including a Stipulation dated 

December 17, 1996, amending the Answer, Notice of Motion, and Notice of Cross-Motion, and 

the Affidavit of David R. Jones dated August 22, 1996 and the exhibits thereto, the Affirmation 

of Rachel D. Godsil dated August 23, 1996 and the exhibits thereto, the Supplemental 

Affirmation of Rachel D. Godsil dated Navies 19, 1996 and the exhibits thereto, the Affidavit 

of Judith B. Wessler, M.P.H., dated November 27, 1996 and the exhibits thereto, the Reply 

Affirmation of Rachel D. Godsil dated November 30, 1996 and the exhibits thereto, all submitted 

in support of plaintiffs’ cross-motion for summary judgment and in opposition to defendants’ 

motion for summary judgment, and plaintiffs having appeared by the Puerto Rican Legal Defense 

& Education Fund, Inc. (Kenneth Kimerling, of counsel), the NAACP Legal Defense & 

Educational Fund, Inc. (Marianne Engelman Lado and Rachel D. Godsil, of counsel) and the 

Center for Constitutional Rights (Barbara Olshansky, of counsel), and defendants having 

appeared by Paul A. Crotty, Corporation Counsel of the City of New York (Daniel Turbow and 

Robert Carver, of counsel), and upon the Order dated September 18, 1996, granting defendants’ 

motion to consolidate to the extent that the Council Action was combined with the instant action 
  

for the purpose of a joint trial, without consolidation, and upon the Decision of the Court dated 

January 13, 1997, it is 

ORDERED and ADJUDGED that defendants’ motion for summary judgment is 

denied, and it is further 

ORDERED, ADJUDGED and DECLARED that plaintiffs’ cross-motion for 

summary judgment is granted to the extent of declaring that (i) pursuant to the Health and 

Hospitals Corporation Act, U.L. § 7385(6), the subleasing of HHC facilities requires the 

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approval of the Mayor and the City Council; (ii) the subleasing of HHC facilities requires the 

application of ULURP; and (iii) the proposed sublease of Coney Island Hospital to PHS New 

York, Inc., constitutes an ultra vires act and violates the Health and Hospitals Corporation Act, 
  

and it is further 

ORDERED that the County Clerk is directed to enter this order and judgment 

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without costs. 

ENTER: 

  

 



  

dey No. HI763, 96 
  

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 

  

  

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - 

QUEENS COALITION, et al., 

Plaintiffs, 

- against - 

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, et al., 

Defendants. 

  
  

NOTICE OF SETTLEMENT AND PROPOSED ORDER 

AND JUDGMENT 

  
  

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 

  
  

Due and timely service is hereby admitted. 

New York, NY. ars nes a 100. =