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MAYOR v. COUNCIL

38 A.D.3d 89 (2006)

825 N.Y.S.2d 201

MAYOR OF THE CITY OF NEW YORK, Appellant, v. COUNCIL OF THE CITY OF NEW YORK, Respondent, and LILLIAN ROBERTS, as Executive Director of District Council 37, AFSCME, AFL-CIO, et al., Intervenors-Respondents.

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

December 5, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman, Larry A. Sonnenshein and William S.J. Fraenkel of counsel), for appellant.

Jay Damashek, New York City (Tisha M. Jackson of counsel), for Council of the City of New York, respondent.

Gladstein, Reif & Meginniss, LLP, New York City (Walter M. Meginniss, Jr. of counsel), for Patrick Bahnken, respondent.

Eddie M. Demmings, New York City (Leonard Polletta of counsel), for Lillian Roberts and another, respondents.

Joan Stern Kiok, New York City, for David Rosenzweig and another, respondents.

NARDELLI and GONZALEZ, JJ., concur with McGUIRE, J.; BUCKLEY, P.J., and WILLIAMS, J., dissent in part in a separate opinion by BUCKLEY, P.J.

OPINION OF THE COURT

McGUIRE, J.

This dispute between the Mayor and the City Council over the validity of local laws affecting the collective bargaining process turns on the distribution, between the executive and legislative branches, of governmental powers conferred by state statutes and the City Charter. We conclude that Supreme Court correctly upheld the validity of the two local laws.

The New York City Collective Bargaining Law (Administrative...

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