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ROBERTS v. CITY OF NY

20 A.D.3d 44 (2005)

797 N.Y.S.2d 454

LILLIAN ROBERTS, as Executive Director of District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Appellants, v. CITY OF NEW YORK et al., Respondents. MARK ROSENTHAL, as President of Local 983 of District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

June 21, 2005.

Attorney(s) appearing for the Case

Joel Giller, New York City (Mary J. O'Connell of counsel), for Lillian Roberts and others, appellants.

Kennedy, Schwartz & Cure, P.C., New York City (Stuart Lichten of counsel), for Mark Rosenthal, appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Fay Ng, Pamela Seider Dolgow and Bruce Rosenbaum of counsel), for respondents.

Community Service Society of New York, New York City (Juan Cartagena and Risa E. Kaufman of counsel), for Community Voices Heard, amicus curiae.

Colleran, O'Hara & Mills, L.L.P., Garden City (Edward J. Groarke and Stephanie Suarez of counsel), for New York State AFL-CIO, amicus curiae.

MAZZARELLI, ANDRIAS, MARLOW and CATTERSON, JJ., concur.

OPINION OF THE COURT

BUCKLEY, P.J.

Petitioners, who represent certain employees of the City's Department of Parks and Recreation, originally brought these proceedings as plenary actions seeking declaratory and injunctive relief and damages against respondents' alleged continuing violations of Social Services Law § 336-c (2) (e), which prohibits the use of Work Experience Program (WEP) participants to...

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