Opinion
22-CV-8616 (JMF)
10-13-2022
CHARLES STAFFIERI, Plaintiff, v. LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION et al., Defendants.
ORDER REGARDING CERTIFICATION PURSUANT TO FED. R. CIV. P. 5.1 AND 28 U.S.C § 2403
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE
In this suit, Plaintiff Charles Staffieri challenges the constitutionality of the Public Employees' Fair Employment Act (the “Taylor Law”), codified at N.Y. Civ. Serv. Law art. 14, arguing that, on its face and as applied to him, it violates the First and Fourteenth Amendments of the United States Constitution. See ECF No. 1, at 8-11; ECF No. 9. The Court has set an initial pretrial conference in the case for January 18, 2023, at 9:00 a.m. See ECF No. 8.
Pursuant to 28 U.S.C. § 2403(b) and Rule 5.1(b) of the Federal Rules of Civil Procedure, the Court hereby certifies to the Attorney General of the State of New York the constitutional challenge to the Taylor Law described above. The Attorney General is advised that the State may intervene in this action “for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality,” 28 U.S.C. § 2403(b), within the time frames set forth in Rule 5.1(c) of the Federal Rules of Civil Procedure.
The Clerk of Court is directed to provide a copy of this Order to the Attorney General of the State of New York by sending it via certified mail to the New York State Office of the Attorney General.
SO ORDERED