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MATTER OF NEW YORK STATE CONSTR. SAFETY ASSN. v. NEW YORK CITY DEPT. OF HEALTH & MENTAL HYGIENE

Index No. 156401/20. Appeal No. 15993. Case No. 2021-01514.

205 A.D.3d 576 (2022)

166 N.Y.S.3d 854

2022 NY Slip Op 03348

In the Matter of New York State Construction Safety Association et al., Appellants, v. New York City Department of Health and Mental Hygiene et al., Respondents.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Dhillon Law Group, Inc., New York ( Ronald D. Coleman of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Elina Druker of counsel), for respondents.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

Petitioners sought to enjoin implementation and enforcement of the joint memorandum, requested a declaration that the memorandum was invalidly issued, and sought to dismiss DOB-issued violations and to vacate DOB stop work orders alleging violations of the State DOH requirements outlined in the memorandum. However, the memorandum explained that those requirements would be in force only until rescinded and amended by New York State. The Governor rescinded the State DOH requirements...

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