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HEALTH & HOSPS. CORP. v. NYC COUNCIL

303 A.D.2d 69 (2003)

752 N.Y.S.2d 665

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant, and CITY OF NEW YORK, Intervenor-Appellant, v. COUNCIL OF THE CITY OF NEW YORK, Respondent, and CITY EMPLOYEES UNION LOCAL 237, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Intervenor-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 14, 2003.

Attorney(s) appearing for the Case

Peter F. Nadel of counsel, New York City (David A. Florman and Catherine G. Patsos on the brief; Katten Muchin Zavis Rosenman and Alan D. Aviles, attorneys), for appellant.

George Gutwirth of counsel, New York City (Francis F. Caputo on the brief (Michael A. Cardozo, Corporation Counsel of New York City, attorney), for intervenor-appellant.

Thomas L. McMahon of counsel, New York City (Janet Ford and David Szuchman on the brief; Thomas L. McMahon, General Counsel, attorney), for respondent.

James L. Linsey of counsel, New York City (Cohen, Weiss & Simon LLP, attorneys), for intervenor-respondent.

SAXE, BUCKLEY, ROSENBERGER and MARLOW, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.P.

This appeal presents the question of whether Local Law No. 16 (2001) of the City of New York, which mandates that plaintiff New York City Health and Hospitals Corporation (HHC) utilize "peace officers" appointed pursuant to Criminal Procedure Law § 2.10 (40) as security guards, is a valid exercise of the City Council's police powers or an unconstitutional interference with HHC's right, as established by the New York...

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