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ROBERTS v. HEALTH & HOSPS.

Nos. 4974, 112247/10, 112249/10, 112294/10.

87 A.D.3d 311 (2011)

928 N.Y.S.2d 236

2011 NY Slip Op 5882

LILLIAN ROBERTS, as Executive Director of District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Respondents, v. HEALTH AND HOSPITALS CORPORATION et al., Appellants. DANIEL DROMM, Member of New York City Council, District 25, et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant. In the Matter of SEAN FITZPATRICK, as Business Representative and on Behalf of Local Union No. 3, I.B.E.W., AFL-CIO, et al., Respondents, v. HEALTH AND HOSPITALS CORPORATION et al., Appellants.

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

Decided July 7, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Scott Shorr , Francis F. Caputo and Eamonn Foley of counsel), for appellants.

Mary J. O'Connell , New York City ( Steven E. Sykes and Aaron S. Amaral of counsel), for Lillian Roberts and others, respondents.

Broach & Stulberg, LLP, New York City ( Robert B. Stulberg and Michael H. Isaac of counsel), for Daniel Dromm and others, respondents.

Greenberg Burzichelli Greenberg P.C., Lake Success ( Robert J. Burzichelli , Linda N. Keller and Genevieve E. Peeples of counsel), for Sean Fitzpatrick and others, respondents.

ANDRIAS, J.P., CATTERSON and RENWICK, JJ., concur.

OPINION OF THE COURT

SWEENY, J.

These consolidated appeals from three CPLR article 78 proceedings once again raise the issue of the proper role of the Judiciary in our coordinate branch system of government. Petitioners in each action seek to involve the courts in a decision-making process that lies squarely within the purview of the executive branch. While in appropriate circumstances, the courts may intervene...

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