Court Reporters Proceedings

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[ 

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS: CIVIL TERM: 

THE COUNCIL OF THE CITY OF NEW YORK, Index No. 

PETER F, VALLONE, SPEAKER OF THE COUNCIL, 4897/96 

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. 

CAMPAIGN TO SAVE OUR PUBLIC HOSPITALS - Index No. 

QUEENS COALITION, an unincorporated 10763/96 

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, 
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. 

88-11 Sutphin Blvd. 

Jamaica, NY 11435 

December 4, 1996 

BEFORE: 
- THE HONORABLE HERBERT A. POSNER, 

Justice. 

(Continued on Next Page)       
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5287011 COURT REPORTERS » oe a 

APPEARANCES & 
For the Plaintiffs the Council of the City of New 

York, et. al: 

TENZER GREENBLATT, LLP 
The Chrysler Building 
405 Lexington Avenue 
New York, New York 10174 
EDWARD L. SADOWSKY, ESQ. and 

IRA A. FINKELSTEIN, ESQ. 

YORK CITY COUNCIL 

75 Park Place, Fifth Floor 

New York, New York 10007 

RICHARD M. WEINBERG, ESQ. and 

GAIL R. ZWEIG, ESQ. 

For the Defendants Rudolph W. Giuliani, The Mayor 

of the City of New York, et. al: 

NEW YORK CITY LAW DEPARTMENT 

Office of the Corporation Counsel 

100 Church Street 

New York, New York 10007 

BY: DANIEL TURBOW, ESQ. 

For the Plaintiffs Campaign to Save our Public 

Hospitals - Queens Coalition: 

PUERTO RICAN LEGAL DEFENSE AND EDUCATION FUND 

99 Hudson Street, 14th Floor 

New York, New York 10013 

By: KENNETH KIMERLING, ESQ. 

NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. 

99 Hudson Street, 16th Floor 

New York, New York 10013 

By: RACHEL D. GODSIL, ESQ. 
MARIANNE L. ENGELMAN LADO, ESQ. 

Kristin Young, R.P.-R. 

Qfficial Court Reporter 

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1 PROCEEDINGS 3 

2 MR. KIMERLING: Kenneth Kimerling, counsel for 

3 plaintiffs in campaign. 

4 Plaintiffs will seek to AnBhe their complaint 

5 to add three new paragraphs in a new cause of 

6 action that the defendants’ proposed sublease of 

7 Coney Island Hoepital to incorporate violates the 

8 H.H.C. act so that that’s what we propose, your 

9 Honor. 

10 MR. TURBOW: Can I hear that again, 

11 THE COURT: Read it back. 

12 (Whereupon, the record was read back by the 

13 Court Reporter.) 

14 MR. TURBOW: Your Honor, that’s so vague. 

15 Off the record. 

16 | ' (Whereupon, there was a discussion held, off 

17 the record.) 

18 THE COURT: On the record. 

19 (Whereupon, Court’s Exhibit 1 was marked and 

20 received in Evidence.) 

21 Court’s Exhibit 1 has been marked in Evidence, 

22 which is the proposed amendment of the coalition’s 

23 complaints. 

24 Mr. Turbow, on behalf of all the defendants, 

25 will you consent to their amending the complaint       
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PROCEEDINGS 4 

without further proceedings before the Court? 

MR. TURBOW: Based upon tha conditions we 

previously digcussod, your Honor, to wit that I 

have an opportunity to respond to this and that the 

further papers will be dealt with as part of our 

motion for summary judgment and part of an 

opposition to their cross motion. 

THE COURT: Okay. 

I want your -- whatever additional papers you 

want to submit, I want it submitted with your 

answer to the amended complaint. 

MR. TURBOW: Very well, your Honor. 

I shtisipate that the answer to the amended 

complaint will just have a stipulation denying 

these last three paragraphs rather than re-typing 

the entire answer. 

THE COURT: Absalutely. 

MR. KIMERLING: Fine. 

MR. SADOWSKY: Okay and can we also agree, 

Mr. Turbow -- 

THE COURT: And the coalition plaintiffs will 

have one week to reply to his -- whatever papere he 

MR. SADOWSKY: And can we also agree, Mr,   
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12/85/1996 18:21 5207011 COURT REPORTE Rac Lo d1006 

     

1 PROCEEDINGS 5 

2 Turbow, that we have arqued in our papers from the 

3 beginning, that we have argued in our papers fram 

4 our first brief that the H.H.C. lacked the power to 

5 enter into the transaction issue and that you 

6 concede that our prayer for relief can be amendad 

7 to seek a declaration that it is beyond the power 

8 of H.H.C. to enter into this transaction. 

9 MR. TURBOW: IT will concede that you so 

10 argued the legal effects of that argument, but the 

1) prayer for relief is something for the Court to 

12 decide. 

13 THE COURT: Off the record. 

14 : (Whereupon, there was a discussion held, off 

15 the record.) 

16 THE COURT: On the record. 

17 ‘MR. SADOWSKY: I am moving to amend the 

18 complaint. 

19 MR. TURBOW: T consent as long as it’s there. 

20 MR. SADOWSKY: I am moving to amend the 

21 complaint to seek a declaration that the action, 

22 the proposed transaction is beyond the scope, 

23 beyond the powers of the Health and Hospital 

24 Corporation and you consent to that, okay. 

25 Can I speak to Dan Turbow outside for a       
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Crem = 

l PROCEEDINGS 6 

2 minute, Judge. 

3 THE COURT: We haven‘t resolved all the issues 

4 yet. 

5 There is another issue we have to resolve. 

6 Mr. Turbow has made a request to the Court that the 

7 | Court reject the affidavit submitted by the 

8 coalition by one Dr. Wessler, W-E-S-S-L-E-R. 

9 MR. KIMERLING: I think we’ve already agreed 

10 that that’s coming. 

11 MR. TURBOW: And any opposition I have to the 

12 characterization to the facts therein will be 

13 phrased in the context of my response to the cause 

14 of action. 

15 THE COURT It‘s now been accepted by Mr. 

16 Turbow on behalf of the defendant. 

17 off the record. 

18 (Whereupon, there was a discussion held, off 

19 the record.) 

20 w WR WWE RW NW EE EW 

21|| CERTIFIED TO BE A TRUE AND ACCURATE TRANSCRIPT OF THE 

22 || ORIGINAL STENOGRAPHIC MINUTES TAKEN OF THs, PROCEEDING. 

24 KRISTIN YOUNG, R.P.R. 

25 
Official Court Reporter       

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