Opinion
Index No. 451368/2023 MOTION SEQ. No. 005
07-20-2023
THE CITY OF NEW YORK, MOLLY WASOW PARK, Petitioner, 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 J. PICENTE, COUNTY OF ORLEANS, NEW YORK, LYNNE M. JOHNSON M. JOHNSON, COUNTY OF OSWEGO, 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.
Unpublished Opinion
MOTION DATE 07/03/2023
PRESENT: HON. LYLE E. FRANK Justice
DECISION + ORDER ON MOTION
Lyle E. Frank Judge:
The following e-filed documents, listed by NYSCEF document number (Motion 005) 191, 192, 193, 194, 195, 196, 197, 313, 314, 315, 316, 465, 466 were read on this motion to/for SEVER.
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 towns. Respondents, the County of Oneida, New York and Anthony J. Picente, Jr., in his official capacity as County Executive of Oneida County, move to sever and change venue. The City opposes the instant motion. For the reasons set forth below, the motion to sever and change venue is granted.
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.
Respondents contend that pursuant to CPLR § 504 and CPLR § 506(b) the instant action must be severed and transferred to Oneida County absent compelling circumstances. In opposition, the City contends that it will serve judicial economy and convenience for itself to maintain the action in New York County. In support of its contention that venue is appropriate in this Court, is the repeated assertion that the material events giving rise to the instant litigation occurred and is occurring in New York County.
The Court does not find the City's arguments persuasive. First, the material events giving rise to the litigation is not the influx of migrants arriving in New York City, the material events that give rise to this instant litigation are the issuance and enforcement of the Executive Orders issued by respondents. The petition and the relief sought make that clear. Moreover, the Court finds that the City has failed to establish any compelling circumstances as to warrant that venue remain in New York County in violation of the applicable statutes that mandate the judicial proceeding or action against a county to be in said county or in the "judicial district where the respondent made the determination complained of." CPLR §§ 504, 506(b).
Accordingly, it is hereby
ORDERED that the motion for a change of venue and to sever is granted and venue of this action as against respondents, the County of Oneida, New York and Anthony J. Picente, Jr., in his official capacity as County Executive of Oneida County, is changed from this Court to the Supreme Court, County of Oneida; 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 severance 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 the Clerk of this Court shall transfer the file in this action to the Clerk of the Supreme Court, County of Oneida and shall mark his records to reflect such transfer; and it is further
ORDERED that, within 30 days from entry of this order, counsel for movant shall serve a copy of this order with notice of entry upon the Clerk of this Court, shall pay the appropriate transfer fee, if any, and shall contact the staff of the Clerk of this Court and cooperate in effectuating the transfer; and it is further
ORDERED that the Clerk of the Court shall coordinate the transfer of the file in this action with the Clerk of the Supreme Court, Oneida County, so as to ensure an efficient transfer and minimize insofar as practical the reproduction of documents, including with regard to any documents that may be in digital format; 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).