Index to Hardback 3

    COURT OF APPEALS 
STATE OF NEW YORK 

  

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, 

Plaintiffs-Respondents-Cross-Appellants, 

- 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-Cross-Respondents. 

  

AFFIRMATION OF RICHARD DORN 

  

RICHARD DORN, an attorney admitted to practice in the 

courts of the State of New York, affirms under penalty of perjury, as follows: 

1 I am a member of the firm of Sipser, Weinstock, Harper 

& Dorn, co-counsel to the labor organizations listed below, and submit this 

affirmation in support of the motion for leave to file an Amicus Curiae brief 

in this matter. 

2. District Council 37, AFSCME, AFL-CIO ("D.C. 37") is a 

labor organization representing over 120,000 members. D.C. 37 is the 

collective bargaining representative of over 25,000 employees of the Health 

 



  

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and Hospitals Corporation ("HHC"). 

3. Local 420, D.C. 37, AFSCME, AFL-CIO ("Local 420") is 

a labor organization affiliated with D.C. 37. Local 420 represents 10,000 

front line employees at HHC's public hospitals and health care centers, 

including nurses’ aides, housekeeping, and dietary aides, laundry workers, 

elevator operators and various classifications of technicians. 

4. The Committee of Interns and Residents ("CIR") is 

composed of doctors who serve as house staff officers at HHC hospitals. 

5. The New York State Nurses Association ("NYSNA") is 

the collective bargaining representative of the Staff Nurses, Head Nurses, 

Assistant Head Nurses, Supervisors, Midwives and Nurse Practitioners, 

6,200 of whom are employees of HHC. 

6. These labor organizations have been among those 

organizations in the forefront of the fight opposing the privatization of 

HHC's public facilities which is at the heart of the case before the court in 

these matters. The vital interest of the unions in the issue of privatization 

will provide the court with arguments relating to the likely effect of 

privatization on the employees in the affected facilities, arguments which 

might otherwise not be presented to the court, and which would be of 

special assistance to the court in deciding these matters. 

: Succinctly stated, the arguments the unions would 

provide include the nondelegable responsibilities of the state and city for the 

health care of their inhabitants that preclude privatization of the public 

 



  

§ nd - 8 - 

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facilities of HHC, and that privatization is inconsistent with civil service 

principles and a merit system mandated by State law. 

8. In addition, HHC was created, in significant part, to 

protect and promote the health and welfare of those who utilize the services 

of HHC facilities, especially low-income and uninsured or underinsured 

residents of New York. The unions representing interns and residents, 

nurses and "front line" health care workers have a responsibility to indigent 

patients who are dependent upon HHC facilities for their medical care. 

They thus have a special interest in the litigation. 

9, Consent to file an Amicus Curiae brief on behalf of the 

labor organizations listed above, has been obtained from the attorneys for 

all of the parties in these cases. 

WHEREFORE, your affiant respectfully requests that the court 

grant this motion for leave to file an Amicus Curiae brief, and for such other 

and further relief as the Court deems just and proper. 

Dated: New York, New York 
October 23, 1998 5 

/ 
/ : . / re Lo Pree 

Crit ET of 3 Se — 
  

Richard Dorn 

 



  

COURT OF APPEALS 
STATE OF NEW YORK 
  

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, 

Plaintiffs-Respondents-Cross-Appellants, 

- 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-Cross-Respondents. 

  

NOTICE OF MOTION FOR LEAVE TO 
FILE BRIEF AS AMICUS CURIAE 

  

PLEASE TAKE NOTICE, that upon the attached affirmation 

of Richard Dorn, Esq., dated the 23rd day of October, 1998, the undersigned 

will move this Court, at the Court of Appeals Hall, 20 Eagle Street, Albany, 

New York 11207-1095 on the 9th day of November, 1998 at 2:00 p.m. in the 

afternoon, or as soon thereafter as counsel can be heard, for leave to file a 

brief as Amicus Curiae, in support of the position of Plaintiffs-Respondents- 

Cross-Appellants, on behalf of labor organizations set forth in the 

accompanying affirmation, and for such other and further relief as the Court 

deems just and proper. 

 



  

Dated: New York, New York 

October 23, 1998 

Yours, etc. 

SIPSER, WEINSTOCK, HARPER & DORN, L.L.P. 

  
By: / 

Richard Dorn 

275 Madison Avenue, Suite 1415 

New York, New York 10016 

(212) 252-0072 

Richard J. Ferreri, Esq., General Counsel 

DISTRICT COUNCIL 37, AFSCME 
125 Barclay Street 

New York, New York 10007 

(212) 8151450 

Attorneys for Respondents 

 



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© 1995 Julius BLUMBERG, INC., 

  

STATE OF NEW YORK, COUN'SSF ee 48s. i 

I, the undersigned, an attorney admitted to practice in the courts of New York State, » . 

Reston certify that the within 
has been compared by me with the original and found to be a true and complete copy. 

Amey state that I am 
the attorney(s) of record for in the within 

action; I have read the foregoing and know the contents thereof; 

the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters 

I believe it to be true. The reason this verification is made by me and not by 

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The grounds of my belief as to all matters not stated upon my own knowledge are as follows: 

I affirm that the foregoing statements are true, under the penalties of perjury. 
Dotedss 0 vr at SE LEE SU EY ie errmpomuiern El 

STATE OF NEW YORK, COUNTY OF $8. 

I, the undersigned, being duly sworn, depose and say: I am 

Johietal in the action; I have read the foregoing 
and know the contents thereof; the same is true to my own knowledge, except 

as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. 

3: foe yn of 
a corporation and a party in the within action; I have read the foregoing 

and know the contents thereof; and the same is true to my own knowledge, 

except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This 

verification is made by me because the above party is a corporation and I am an officer thereof. 

The grounds of my belief as to all matters not stated upon my own knowledge are as follows: 

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Sworn to before me on g The name signed must be printed beneath 

STATE OF NEW YORK, COUNTY OF SS... (If more than one box is checked—indicate after names type of service used.) 

I, the undersigned, being sworn, say: I am not a party to the action, am over 18 years of age and reside at 

On : I served the within 

[] pose ! by mailing a copy to each of the following persons at the last known address set forth after each name below. 

Personal ( by delivering a true copy of each personally to each person named below at the address indicated. I knew each person served 

[] vidual | to be the person mentioned and described in said papers as a party therein: 

sevoey | DY transmitting a copy to the following persons by [J FAX at the telephone number set forth after each name below [| E-MAIL 

[] Becwenls | | ai the E-Mail address set forth after each name below, which was designated by the attorney for such purpose, and by mailing a 

  

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ovemignt | COPY 10 the address set forth after each name. 
O Selivery | by dispatching a copy by overnight delivery to each of the following persons at the last known address set forth after each name 

below. 

The name signed must be printed beneath 
Sworn to before me on 

 



  
  

  

    NOTICE OF ENTRY     

* PLEASE take notice that the within is a (certified) 
true copy of a 
duly entered in the office of the clerk of the within 

named court on 19 

Dated, 

Yours, etc. 

SIPSER, WEINSTOCK, HARPER & DORN, L.L.P. 

9 Attorneys for 

Office and Post Office Address 

275 MADISON AVENUE, SUITE 1416 

NEW YORK, NEW YORK 10016 

To 

* Attorney(s) for 

    
* NOTICE OF SETTLEMENT 

PLEASE take notice that an order 

    

of which the within is a true copy will be presented 

for settlement to the Hon. 

one of the judges of the within named Court, at 

on 19 

at M. 

Dated, 

Yours, etc. 

SIPSER, WEINSTOCK, HARPER & DORN, L.L.P. 

Ww Attorneys for 

Office and Post Office Address 

275 MADISON AVENUE, SUITE 1416 

. NEW YORK, NEW YORK 10016 

70 

Attorney(s) for 

Index No. Year 19 

COURT OF APPEALS 

STATE OF NEW YORK 
  

  

CAMPAIGN TO SAVE OUR PUBLIC 

HOSPITALS - QUEENS COALITION, 

an unincorporated association, 

et al., 

Plaintiffs, 

-against- 

RUDOLPH W. GUILIANI, THE MAYOR 
OF THE CITY OF NEW YORK, et al., 

Defendants. 

  

  

MOTION TO FILE AMICUS CURIAE 

BRIEF 

  

  

SIPSER, WEINSTOCK, HARPER & DORN, L.L.P. 

Attorneys for 

Office and Post Office Address, Telephone 

275 MADISON AVENUE, SUITE 1416 

NEW YORK, NEW YORK 10016 

(212) 252-0072 

  

To 

Attormey(s) for 

  

Service of a copy of the within 
is hereby admitted. 

Dated, 

$0 e APE rN00eese00000000000000000C000000000000000000N00080030000000000000RsE00RS 

Attorney(s) for 

  

1500 ~ JULIUS BLUMBERG, INC., LAW BLANK PUBLISHERS, NYC 10013