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CSEA lawsuit against Orange County over Valley View nursing home transfer

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  • STATE OF NEW YORK SUPREME COURT COUNTY OF ORANGE ____________________________________________________ In the Matter of the Application of CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, FRANK DZIERZEK, CATHY MAPES, KATHLEEN MCGINNIS, NANCY SCHOFIELD, EDWIN SIERRA, and MICHELE SIERRA, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, -against- COUNTY OF ORANGE, ORANGE COUNTY LEGISLATURE, L. STEPHEN BRESCIA as Legislative Chair, STEVEN M . NEUHAUS as Orange County Executive, and ORANGE VALLEY VIEW DEVELOPMENT CORPORATION, Respondents.

    NOTICE OF VERIFIED PETITION Index No. Date Filed:

    ____________________________________________________ PLEASE TAKE NOTICE that, upon the annexed Petition verified on June 23, 2014,

    together with the exhibits attached thereto, an application will be made by Petitioners CIVIL

    SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, FRANK

    DZIERZEK, CATHY MAPES, KATHLEEN MCGINNIS, NANCY SCHOFIELD, EDWIN

    SIERRA, and MICHELE SIERRA, by their attorneys, STEVEN A. CRAIN and DAREN J.

    RYLEWICZ (Leslie C. Perrin, of counsel), at a Special Term to be held in and for the County of

    Orange, at the Orange County Court House at 285 Main Street, Goshen, New York, on July 23,

    2014, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an order and judgment

    granting the relief requested in the petition and for such other and further relief as this Court may

    deem just and proper.

  • PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 7804(c), a verified

    answer and supporting affidavits, if any, must be served at least five (5) days before the return

    date of this proceeding.

    PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 7804(e), Respondents

    are directed to file with the Clerk of the Court the appropriate papers relevant to this matter. The

    failure to file an answer may result in judgment in favor of Petitioner.

    PLEASE TAKE FURTHER NOTICE that venue is designated in Orange County

    based on CPLR 506(b) since the principal offices of the Respondents are located in the County

    of Orange, and since the actions complained of took place in the County of Orange, New York.

    Dated: June 23, 2014 Albany, New York Yours, etc., STEVEN A. CRAIN and DAREN J. RYLEWICZ Attorneys for Petitioners By: __________________________________ Leslie C. Perrin, of counsel Civil Service Employees Association, Inc. Box 7125, Capitol Station 143 Washington Avenue Albany, New York 12224 (518) 257-1443 TO: COUNTY OF ORANGE 40 Matthews Street Goshen, New York 10924 ATTN: Steven M. Neuhaus, County Executive

  • Langdon C. Chapman, Esq. Orange County Attorney Office of the County Attorney 15 Matthews Street, Suite 305 Goshen, New York 10924

    ORANGE COUNTY LEGISLATURE 15 Matthews Street, Suite 203 Goshen, New York 10924 ATTN: L. Stephen Brescia, Legislative Chair

    ORANGE COUNTY LEGISLATURE

    15 Matthews Street, Suite 203 Goshen, New York 10924 ATTN: Jean M. Ramppen, Clerk to the Legislature

    ORANGE VALLEY VIEW DEVELOPMENT CORPORATION, LDC

    c/o New York State Department of State One Commerce Plaza 99 Washington Avenue Albany, New York 12231-0001 ORANGE VALLEY VIEW DEVELOPMENT CORPORATION, LDC ATTN: Harris Beach, PLLC 445 Hamilton Avenue, Suite 1206 White Plains, New York 10601

  • STATE OF NEW YORK SUPREME COURT COUNTY OF ORANGE ____________________________________________________ In the Matter of the Application of CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, FRANK DZIERZEK, CATHY MAPES, KATHLEEN MCGINNIS, NANCY SCHOFIELD, EDWIN SIERRA, and MICHELE SIERRA, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, -against- COUNTY OF ORANGE, ORANGE COUNTY LEGISLATURE, L. STEPHEN BRESCIA as Legislative Chair, STEVEN M . NEUHAUS as Orange County Executive, and ORANGE VALLEY VIEW DEVELOPMENT CORPORATION, Respondents.

    VERIFIED PETITION Index No. Date Filed:

    ____________________________________________________ Petitioners in the above-captioned matter, by their attorneys, STEVEN A. CRAIN and

    DAREN J. RYLEWICZ (Leslie C. Perrin and Aaron E. Kaplan, of counsel), for their Verified

    Petition, state:

    NATURE OF PROCEEDING

    1. Petitioners bring this action pursuant to Article 78 of the New York Civil Practice

    Law and Rules (hereinafter CPLR) and for declaratory judgment pursuant to CPLR 3001

    seeking a determination that Respondents acted in violation of law when Respondents authorized

    the creation of a Local Development Corporation known as the Orange Valley View

    Development Corporation along with the transfer of all right, title, and interest in the County-

    owned nursing home known as Valley View Center for Nursing Care and Rehabilitation to

  • Orange Valley View Development Corporation for purposes of the sale of that facility to a

    private owner and operator. Petitioners seek an Order and Judgment invalidating the resolution

    authorizing the creation of Orange Valley View Development Corporation and the transfer of

    Valley View Center for Nursing Care and Rehabilitation to the Local Development Corporation,

    as well as any transactions entered into between the County and the Local Development

    Corporation purporting to convey an interest in the facility to the Local Development

    Corporation while contemporaneously leasing back the property to the County.

    THE PARTIES

    2. Petitioner CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL

    1000, AFSCME, AFL-CIO (hereinafter CSEA) is a private, not-for-profit corporation

    authorized and existing under the laws of the State of New York, is an employee organization

    within the meaning of Civil Service Law 201(5), having as one of its primary purposes the

    improvement of the terms and conditions of employment for public-sector employees, and is the

    duly recognized and certified collective bargaining representative of a bargaining unit of

    employees of Orange County, including the individually named Petitioners FRANK

    DZIERZEK, CATHY MAPES, KATHLEEN MCGINNIS, NANCY SCHOFIELD, EDWIN

    SIERRA, MICHELE SIERRA, and other similarly situated employees. CSEA sues on behalf of

    said Orange County employees. CSEAs headquarters are located at 143 Washington Avenue,

    City of Albany, County of Albany, State of New York.

    3. Petitioner FRANK DZIERZEK (hereinafter Dzierzek) is and was a resident and

    taxpayer of the County of Orange, State of New York at all times relevant for purposes of this

    proceeding. Petitioner Dzierzek owns and possesses certain real property assessed in said

    County for upwards of $1,000 upon the assessment rolls thereof. Petitioner Dzierzek now is, and

  • at all times hereinafter mentioned was, liable to and did pay taxes on such assessment to

    Respondent Orange County and has paid such taxes within one year prior to the commencement

    of this proceeding. Petitioner Dzierzek, at all times relevant for purposes of this proceeding, was

    and is employed by Orange County as a Senior Groundskeeper in the Department of Residential

    Health Care Services assigned to work at Valley View Center for Nursing Care and

    Rehabilitation.

    4. Petitioner CATHY MAPES (hereinafter Mapes) is and was a resident and

    taxpayer of the County of Orange, State of New York at all times relevant for purposes of this

    proceeding. Petitioner Mapes owns and possesses certain real property assessed in said County

    for upwards of $1,000 upon the assessment rolls thereof. Petitioner Mapes now is, and at all

    times hereinafter mentioned was, liable to and did pay taxes on such assessment to Respondent

    Orange County and has paid such taxes within one year prior to the commencement of this

    proceeding. Petitioner Mapes, at all times relevant for purposes of this proceeding, was and is

    employed by Orange County as a Certified Nurses Aide in the Department of Residential Health

    Care Services assigned to work at Valley View Center for Nursing Care and Rehabilitation.

    5. Petitioner KATHLEEN MCGINNIS (hereinafter McGinnis) is and was a

    resident and taxpayer of the County of Orange, State of New York at all times relevant for

    purposes of this proceeding. Petitioner McGinnis owns and possesses certain real property

    assessed in said County for upwards of $1,000 upon the assessment rolls thereof. Petitioner

    McGinnis now is, and at all times hereinafter mentioned was, liable to and did pay taxes on such

    assessment to Respondent Orange County and has paid such taxes within one year prior to the

    commencement of this proceeding. Petitioner McGinnis, at all times relevant for purposes of

    this proceeding, was and is employed by Orange County as a Licensed Practical Nurse in the

  • Department of Residential Health Care Services assigned to work at Valley View Center for

    Nursing Care and Rehabilitation.

    6. Petitioner NANCY SCHOFIELD (hereinafter Schofield) is and was employed

    by Orange County as a Courier in the Department of Residential Health Care Services assigned

    to work at Valley View Center for Nursing Care and Rehabilitation.

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