MATTER OF MONTGOMERY-COSTA v. CITY OF NEW YORK

No. 114374-2009

26 Misc.3d 755 (2009)

2009 NY Slip Op 29461

894 N.Y.S.2d 817

In the Matter of VERONICA MONTGOMERY-COSTA, as President of Local 372, District Council 37, AFSCME, AFL-CIO, et al., Petitioners, v. CITY OF NEW YORK et al., Respondents.

Supreme Court, New York County.

Decided November 4, 2009.


Attorney(s) appearing for the Case

Mary J. O'Connell, General Counsel, New York City, for District Council 37, AFSCME, AFL-CIO, petitioner.

Michael A. Cardozo, Corporation Counsel, New York City, and Michael Best, General Counsel, New York City, for Department of Education, respondent.

James A. Essey, respondent pro se.


OPINION OF THE COURT

CAROL ROBINSON EDMEAD, J.

This case represents yet another attempt by a public employer to reduce its budget gap in a struggling economy by laying off permanent workers and replacing them with less costly labor through private contracting. The replacement of employees with contractors, i.e., privatization, appears to be a growing trend, leading to litigation challenging governmental authorities' ability to meet their budgets while maintaining...

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