Correspondence from Edmisten to Leonard; Defendants' Response to Pugh Plaintiffs' Motion for Class Certification; Memorandum in Support of Response to Pugh Plaintiffs' Motion for Class Certification;

    A 477 —Request for App. rvention, civil case, JuLius BLUMBERG, INC., 
RADI Form A, 2n ., 22 NYCRR 670, 9-93 : PUBLISHER, NYC 10013 

  

Supreme Court of the State of New York 
Appellate Difiision : Second Judicial Bepartment 

Form A - Request for Appellate Division Intervention - Civil 
See § 670.3 of the rules of this court for directions on the use of this form (22 NYCRR 670.3). 

  

  

      
  

  

  

  

  
    

  

  

  

  

  

  

  

  

  

  

    

Case Title: Set forth the title of the case as it appears on the summons, notice of petition or J 

order to show cause by which the matter was or is to be commenced, or as amended. For Court of Original Instance 

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 : er 
COALITION, by its member PHILIP R. METLING, ANNE YELLIN, and DSLR Nokis Sf Apps Plo 

MARILYN MassoP. Pdinhtits. For Appellate Division 
-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. 

0500 Wo Case Types i CPLR article 78 Proceeding Eh ee] © Transferred Proceeding 

X1 Civil Action Q Special Proceeding Other a Appeal OQ CPLR 5704 Review 

0 CPLR article 75 Arbitration 0 Habeas Corpus Proceeding 0 Original Proceeding 

BD 5 nb to five O a. foll 0 cateqore he ofle os nature o 5 

A. Administrative Review D. Domestic Relations = += = fF. Prisoners I. Torts an 

OQ 1 Freedom of Information Law [Q 1 Adoption OQ 1 Discipline Q 1 Assault, Battery, False 

Q 2 Human Rights Q 2 Attorney's Fees Q 2 Jail Time Calculation Imprisonment 

Q 3 Licenses a 3 Children - Support Qa 3 Parole Q 2 Conversion 

Q 4 Public Employment a4 Children - Custody/Visitation | Q 4 Other U1 3 Defamation 

QO 5 Social Services A 5 Children - Terminate Parent- Q4 Fraud 

Q 6 Other al Rights G. Real Property Q 5 Intentional Infliction of 

Q 6 Children - Abuse/Neglect 01 Condemnation Emotional Distress 

B. Business & Other Relationships | 7 Children - JD/PINS OQ 2 Determine Title 06 Interference with Contract 

Q 1 Partnership/Joint Venture QO 8 Equitable Distribution 0 3 Easements 0 7 Malicious Prosecution/ 

0 2 Business Q9 Exclusive Occupancy of G4 Environmental Abuse of Process 

Q 3 Religious Residence a5 Liens 08 Malpractice 

Q4 Not-for-Profit 010 Expert's Fees Q 6 Mortgages J 9 Negligence 

Q5 Other 0 11 Maintenance/Alimony a 7 Partition 0 10 Nuisance 

0 12 Marital Status a8 Rent Q 11 Products Liability 

C. Contracts 0 13 Paternity 9 Taxation 0 12 Strict Liability 

Q1 Brokerage 0 14 Spousal Support OQ 10 Zoning OQ 13 Trespass and/or Waste 

Q 2 Commercial Paper Q 15 Other Q 11 Other a 14 Other 

0 3 Construction 

Q4 Employment E. Miscellaneous H. Statutory J. Wills & Estates 

Q 5 Insurance a1 Constructive Trust Q 1 City of Mount Vernon OQ 1 Accounting 

Q 6 Real Property OQ 2 Debtor & Creditor Charter 88 120, 127-f, or Q 2 Discovery 

Q 7 Sales ® 3 Declaratory Judgment 1289 OQ 3 Probate/Administration 

QO 8 Secured OQ 4 Election Law OQ 2 Eminent Domain Proced- 04 Trusts 

Q9 Other QO 5 Notice of Claim ure Law 8 207 Q5 Other 

a6 Other QO 3 General Municipal Law 

5712 

04 Labor Law § 220 CY cm 
Q5 Public Service Law §§ 128 2 2 A > Zz 

or 170 i : 
Q6 Other           

Form A - RADI - Civil 

 



OQ Amended Decree 0 Determination 

0 Amended Judgment Q Finding 

0 Amended Order 

a Decision 

Q Interlocutory Decree 

Q Interlocutory Judgment 

a Decree Q Judgment 

Appeal wk 

Paper Appealed From (check one only): 

Q Order 0 Resettled Order 

¥ Order & Judgment OQ Ruling 

QO Partial Decree Q Other (specify): 

QO Resettled Decree 

0 Resettled Judgment 
  

Court: Supreme Court County: Queens County 
  

Dated: January 31, 1997 Entered: February 5, 1997 
  

Judge (name in full): yorphert A, Posner 
Index No.: 10763/96 

  

Stage: OQ Interlocutory XX Final QO Post-Final     Trial: OQ Yes Xl No If Yes: OQ Jury OQ Non-Jury 

Prior Unperfected Appeal Information 
  

Are any unperfected appeals pending in this case? UO Yes § No. If yes, do you intend to perfect the appeal or appeals 

covered by the annexed notice of appeal with the prior appeals? 0 Yes QO No. Set forth the Appellate Division Cause 

Number(s) of any prior, pending, unperfected appeals: 

Eo LIL ETH GIL TT 

Commenced by: 0 Order to Show Cause QO Notice of Petition 1 Writ of Habeas Corpus Date Filed: 
  

Statute authorizing commencement of proceeding in the Appellate Division: 

Proceeding Transferred Pursuant to CPLR 7804(g) 

Court: County: 
  

Order of Transfer Date: 

(of J I Bo [0 7:88 T-AVIT-AVVRG) #56 Fg Order 

Judge 3 

Court: 
    Judge (name in full): 

Description of Appeal, Proceeding or Application and Statement of Issues 

Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested 

and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to 

CPLR 7804(g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of 

the ex parte order to be reviewed. 

Defendants appeal from an order and judgment granting plaintiffs' motion for summary 

judgment to the extent of declaring that (a) the subleasing of the facilities of the 
New York City Health and Hospitals Corporation ("HHC") requires the approval of the 
Mayor and the City Council pursuant to the HHC Act, U.L. § 7385(6), and compliance 
with the Uniform Land Use Review Procedures set forth in New York City Charter 
§ 197-c; and (b) the proposed sublease of Coney Island Hospital constitutes an 

Amount: If an appeal is from a money judgment, specify the amount awarded. 

Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review. 

ultra vires act and violates the HHC Act.     
  

Leave this space blank.  



  

  

Issues Continued: 

    

  

Instructions: Fill in the name of each party to the action or proceeding, one 

Use Form B for Additional Appeal Information 

  

   Party Information 

  

Examples of a party's original status include: plaintiff, defendant, 

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

        

name per line. If this form is to be filed for an appeal, indicate the status of the petitioner, respondent, claimant, defendant third-party plaintiff, third-party 
party in the court of original instance and his, her, or its status in this court, if defendant, and intervenor. Examples of a party's Appellate Division status 
any. If this form is to be filed for a proceeding commenced in this court, fill in include: appellant, respondent, appellant-respondent, respondent-appellant, 
only the party's name and his, her, or its status in this court. petitioner, and intervenor. 

No. Party Name Original Status Appellate Division Status 

1 Campaign to Save (Queens Coalition) [Plaintiff Respondent 

2 |Campaign to Save (Coney Is. Hosp.) Plaintiff Respondent 

3 |Anne Yellin Plaintiff Respondent 

4 [Marilyn Mossop Plaintiff Respondent 

5 |Rudolph W. Giuliani Defendant Appellant 

6 [N.Y.C. Health & Hospitals Corp. Defendant Appellant 

7 |N.Y.C. Economic Development Corp. Defendant Appellant 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20   
  

  

 



   

  

Attorney Information Lr 
Instructions: Fill in the names of the attorneys or firms of attorneys for the provided. 

respective parties. If this form is to be filed with the notice of petition or order In the event that a litigant represents herself or himself, the box 
to show cause by which a special proceeding is to be commenced in the marked "Pro Se" must be checked and the appropriate information for that 
Appellate Division, only the name of the attorney for the petitioner need be litigant must be supplied in the spaces provided. 

  

Attorney/Firm Name: Paul A. Crotty, Corporation Counsel 

Address: 100 Church Street, Room 5-239 
  

  

  

  

City: New York State: NY Zip:10007 Telephone No.:(212) 788-1024 

Attorney Type: QO Retained Q Assigned ® Government Q Pro Se 0 Pro Hac Vice 

Party or Parties Represented (set forth party numbers] from table above or from Form C): 5 5 7 
                    

Attorney/Firm Name:kenneth Kimerling, Esq./Puerto Rican Legal Defense & Educ. Fund, Inc. 

Address: 99 Hudson Street 
  

  

  

  

City: New York State: NY Zip: 10013 Telephone No.:(212) 219-3360 

Attorney Type: XA Retained 4 Assigned 0 Government U Pro Se QO Pro Hac Vice 

Party or Parties Represented (set forth party number(s] from table above or from Form C): 1 2 3.14 
                    

Attorney/Firm Name:Rachel D. Godsil, Esq./NAACP Legal Defense & Educ. Fund, Inc. 

Address: 99 Hudson Street, Suite 1600 
  

  

  

  

City: New York State: NY Zipi0013 Telephone No.:(212) 219-1900 

Attorney Type: XA Retained Q Assigned U Government Q Pro Se QO Pro Hac Vice 

Party or Parties Represented (set forth party number(s] from table above or from Form C): 1 | 9 314 
                    

Attorney/Firm Name: 
  

  

  

Address: 

City: State: Zip: Telephone No.: 

Attorney Type: QO Retained Q Assigned Q Government Q Pro Se QO Pro Hac Vice 
  

Party or Parties Represented (set forth party numbers] from table above or from Form C): | 
                  

  

Attorney/Firm Name: 
  

  

  

Address: 

City: State: Zip: Telephone No.: 

Attorney Type: QO Retained Q Assigned 0 Government Q Pro Se QO Pro Hac Vice 
  

      
Party or Parties Represented (set forth party number(s] from table above or from Form C): 

            
  

Attorney/Firm Name: 
  

  

  

Address: 

City: State: Zip: Telephone No.: 

Attorney Type: 4 Retained Q Assigned 4 Government Q Pro Se 4 Pro Hac Vice 
  

                  
Party or Parties Represented (set forth party number(s] from table above or from Form C): 
  

Use Form C for Additional Party and/or Attorney Information 
  

The use of this form is explained in § 670.3 of the rules of the Appellate Division, Second Department (22 NYCRR 670.3). If 

this form is to be filed for an appeal, place the required papers in the following order: (1) the Request for Appellate Division 

Intervention [Form A, this document], (2) any required Additional Appeal Information Forms [Form BI], (3) any required 

Additional Party and Attorney Information Forms [Form Cl], (4) the notice of appeal or order granting leave to appeal, (5) a 

copy of the paper or papers from which the appeal or appeals covered in the notice of appeal or order granting | leave to appeal 

is or are taken, and (6) a copy of the decision or decisions of the court of original instance, if any.