FILED: NEW YORK COUNTY CLERK 07/19/2023 11:41 AM INDEX NO.
451368/2023
NYSCEF DOC. NO. 501 RECEIVED NYSCEF: 07/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. LYLE E. FRANK PART 11M
Justice
---------------------------------------------------------------------------------X INDEX NO. 451368/2023
THE CITY OF NEW YORK, MOLLY WASOW PARK,
MOTION DATE 07/11/2023
Petitioner,
MOTION SEQ. NO. 008
-v-
COUNTY OF ROCKLAND, NEW YORK, EDWIN J. DAY,
COUNTY OF ORANGE, NEW YORK, STEVEN M.
NEUHAUS, COUNTY OF DUTCHESS, NEW YORK,
WILLIAM F.X. ONEIL, COUNTY OF ONONDAGA, NEW
YORK, J RYAN MCMAHON, COUNTY OF BROOME, NEW
YORK, JASON T. GARNAR, COUNTY OF CAYUGA, NEW
YORK, DAVID S. GOULD, COUNTY OF CHAUTAUQUA,
NEW YORK, PAUL M. WENDEL, COUNTY OF CHEMUNG,
NEW YORK, CHRISTOPHER J. MOSS, COUNTY OF
CORTLAND, NEW YORK, KEVIN J. FITCH, COUNTY OF
DELAWARE, NEW YORK, TINA MOLE, COUNTY OF
FULTON, NEW YORK, SCOTT HORTON, COUNTY OF
GENESEE, NEW YORK, L MATTHEW LANDERS,
COUNTY OF GREENE, NEW YORK, PATRICK S. LINGER,
COUNTY OF HERKIMER, NEW YORK, VINCENT J. BONO,
COUNTY OF MADISON, NEW YORK, JOHN M. BECKER,
COUNTY OF NIAGARA, NEW YORK, REBECCA
WYDYSH, COUNTY OF ONEIDA, NEW YORK, ANTHONY
DECISION + ORDER ON
J. PICENTE, COUNTY OF ORLEANS, NEW YORK, LYNNE
M. JOHNSON M. JOHNSON, COUNTY OF OSWEGO, MOTION
NEW YORK, JAMES WEATHERUP, COUNTY OF
OTSEGO, NEW YORK, DAVID BLISS, COUNTY OF
PUTNAM, NEW YORK, KEVIN M. BYRNE, COUNTY OF
RENSSELAER, NEW YORK, STEVEN F. MCLAUGHLIN,
TOWN OF RIVERHEAD, NEW YORK, YVETTE M.
AGUIAR, COUNTY OF SARATOGA, NEW YORK,
THEODORE T. KUSNIERZ, COUNTY OF SCHOHARIE,
NEW YORK, WILLIAM A. FEDERICE, COUNTY OF
SCHUYLER, NEW YORK, CARL H. BLOWERS, COUNTY
OF SUFFOLK, NEW YORK, STEVEN BELLONE, COUNTY
OF SULLIVAN, NEW YORK, JOSHUA A. POTOSEK,
COUNTY OF TIOGA, NEW YORK, MARTHA C.
SAUERBREY, COUNTY OF WARREN, NEW YORK, KEVIN
B. GERAGHTY, COUNTY OF WYOMING, NEW YORK,
REBECCA J. RYAN, JOHN OR JANE DOE COUNTIES,
JOHN OR JANE DOE,
Respondent.
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FILED: NEW YORK COUNTY CLERK 07/19/2023 11:41 AM INDEX NO. 451368/2023
NYSCEF DOC. NO. 501 RECEIVED NYSCEF: 07/19/2023
The following e-filed documents, listed by NYSCEF document number (Motion 008) 250, 251, 252, 253,
254, 255, 256, 257, 258, 259, 264, 485, 486, 487, 488, 489, 490, 491, 492
were read on this motion to/for DISMISSAL .
The instant action arises out of petitioners’, The City of New York and Molly Wasow
Park, in her official capacity as Commissioner of the New York City Department of Social
Services (collectively “the City”) challenge to respondents’ Executive Orders with respect to
petitioners’ attempt to relocate migrants to the respective counties and towns1. Respondents,
County of Schuyler, New York and Carl H. Blowers, in his official capacity as Chair of the
County Legislature of Schuyler County move to dismiss the instant petition on the basis that the
challenged Executive Order (“EO’) no longer exists and had expired by its own terms at least
eighteen days prior to petitioner’s commencement of this matter. The City opposes the instant
motion to dismiss on the grounds that respondent continues to oppose the City's use of hotels in
its communities to provide temporary housing assistance to asylum seekers during the on-going
statewide emergency, despite the EO having expired. For the reasons set forth below, the motion
to dismiss is granted.
The Court finds that the petition filed in this instant matter seeks to enjoin and nullify
EOs that prohibit the City from housing migrants within its borders. As it is undisputed here,
that no such EO is valid in Schuyler County and further that no attempt to house migrants within
the subject County has been made and rebuffed, the Court finds that there is no justiciable
controversy. The City’s arguments in opposition are speculative and without merit.
Accordingly, it is hereby
1
There are multiple motions to sever, change venue and dismiss. For the sake of clarity, the Court will address each
application separately and individual decisions and orders will be issued.
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FILED: NEW YORK COUNTY CLERK 07/19/2023 11:41 AM INDEX NO. 451368/2023
NYSCEF DOC. NO. 501 RECEIVED NYSCEF: 07/19/2023
ADJUDGED that the petition is dismissed as to respondents, County of Schuyler, New
York and Carl H. Blowers, in his official capacity as Chair of the County Legislature of Schuyler
County, only; and it is further
ORDERED that the action is severed and continued against the remaining respondents;
and it is further
ORDERED that the caption be amended to reflect the dismissal and that all future papers
filed with the court bear the amended caption; and it is further
ORDERED that counsels for the moving parties shall serve a copy of this order with notice
of entry upon the Clerk of the Court (60 Centre Street, Room 141B) and the Clerk of the General
Clerk’s Office (60 Centre Street, Room 119), who are directed to mark the court’s records to reflect
the change in the caption herein; and it is further
ORDERED that such service upon the Clerk of the Court and the Clerk of the General
Clerk’s Office shall be made in accordance with the procedures set forth in the Protocol on
Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-
Filing” page on the court’s website at the address www.nycourts.gov/supctmanh).
7/19/2023
DATE LYLE E. FRANK, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
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