Notice of Entry and Proposed Order and Judgment

    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 NOTICE OF ENTRY 
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. 

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

Judgment entered in the office of the Clerk of the County of Queens on February 5, 1997. 

Dated: New York, New York 

February 5, 1997 

PAUL A. CROTTY 
Corporation Counsel of the 

City of New York 
Attorney for Defendants 

By: Robert Carver 

Assistant Corporation Counsel 

100 Church Street 

New York, New York 10007 

(212) 788-0428 

 



AM ] : ® 

  

TO: Kenneth Kimerling, Esq. 
Puerto Rican Legal Defense & Education Fund, Inc. 

99 Hudson Street 

New York, New York 10013 

(212) 219-3360 

Rachel D. Godsil, Esq. 
NAACP Legal Defense & Educational Fund, Inc. 

99 Hudson Street, Suite 1600 

New York, New York 10013 

(212) 219-1900 

 



J 

At.aa 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 <J | day of January, 1997. 

PRESENT: 

HON. HERBERT A. POSNER, 

JUSTICE. 
  

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, 

- 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. 

ORDER AND 

JUDGMENT 
  

Index No. 10763/96 

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) defendants’ 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, 

Vv » 

NOW, upon the reading and filing of the defendants’ Notice of Motion to 
v v v Consolidate and for Summary Judgment dated July 12, 1996, the plaintiffs’ Notice of Cross- 

Y 7 be v rg vv 
Motion for Summary Judgment dated August 23, 1996, the Affidavit of Luis Marcos, M.D. 

v / 
opal, 11, 1996, and the exhibits thereto, submitted in support of defendants’ motion to 

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

” 

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

v ; v al v’ Vv’ 1996 and the exhibits thereto, the Supplemental Affirmation of Daniel Turbow dated November 

and The exh, bits Hereto, 
and-the-exhibits-thereto 

v i v v 
19, 1996 , and the Supplemental Reply Affirmation of Daniel Turbow 

  

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

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and fle Atlin etip e+ 
and in fia to plaintiffs’ cross-motion for summary judgment, and-the—Affirmation of 

    

fk bert (arr fe Ao d foe nher 20, [356 ond the exhibits Fherede jac fading a $i palatien dated 
Rebert Carver Ci la 20 —1998 and- the-exhi bist thereto meh udiha 3 Stipulation dated 

December i7, 1946, ame. ding dhe ie Nefiee of Moder, and A: ice of Cross Motion 
Beeember171996—amendine—the Answer Netiee oit-Metlon, and-Nettee—of-Cross-Metion, and   

the Allidevitiof David RB. lons 2a i072 09900 and the Oxhilitts thereto, the: Alitrrion 

of Rachel D. Godsil dated August "23, 1996 and the RAL) thereto, the | Supplemental 

Affirmation of Rachel D. Godsil dated November 19, 1996 and the exhibits thereto, the Afi 

of Judith B: Wessler, TU ve OL 1996 and the A thereto, the Rly 

Atfirediion of Rathas B.A infeed Noverntlri, 1006 snd the anions thevetn, oll Sulrilited 

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 

rus 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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nn a dedi     
  

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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 

without costs. 

ENTER: 

  

   



  

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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 OIF 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, N.Y.     
  

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Index No. 10763/96 
  

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 ENTRY AND 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, N.Y. 

OE Ae NE Wr RE Ce Te Tee re Te Te el tes Te ae See