If you want to join the case, please fill out this form: https://forms.gle/xBUkUsG5gezKestf6
As an update, we had a hearing yesterday before Justice Dakota Ramseur at 12 noon. Both sides agreed to release the City of New York as a Respondent while leaving the NYCDOE as the proper respondent. Judge Ramseur reserved her decision, and then issued a decision late in the day yesterday afternoon that essentially transferred the case to another justice of the Supreme Court in a “non-City part”. The Judge’s decision is attached.
Judge Ramseur’s reasoning seems to be that since the City is not a party to the proceeding, this case should not be in her part which is a City Part. We believe that she avoided making a substantive decision that could be a political hot potato for her.
She also removed the TRO (temporary restraining order) to keep the original Petitioners teaching remotely, as it appears she did not appreciate the fact that teachers are still required to report to school buildings even if the school reopening to students is delayed. Judge Ramseur did not grant the City’s purported motion to dismiss the case, which we believe acknowledges that we have a valid claim. She supplied us with good legal arguments that we will now include in an amended petition we plan on filing before the new judge on Monday.
We found out this evening that the new judge assigned is Eileen Rakower. On Monday, we plan to file an amended petition including any of the intervenors who want to be added to an amended petition. We also will reapply again for a TRO to ask that any petitioners in the amended petition allowed to teach remotely immediately going forward. We plan to demonstrate the dangers involved in going into the building and the arbitrary nature by which accommodations are granted under both the July 15, 2020 policy, as well as the “not comfortable” policy identified by the DOE in their answering papers. We believe that we can show the Court that the staff of the schools are being left with the difficult choice of having to choose your career or your health and the health of your loved ones, and that both of the accommodation policies are not being fairly applied.
We are now giving you a choice to join the case as a petitioner in an amended petition instead of as a proposed intervenor. If you already paid to be an intervenor, we are not asking for any additional fees at this time, but would ask you to sign a retainer agreement as a petitioner to be a client of the firm in this case, which could involve additional fees if the Court decides to hold individual factual hearings in this case.
If you choose not to join as a Petitioner in the amended petition, we respect your decision and wish you the best.
If you wish to continue as a Petitioner in this proceeding, let us know by emailing Lydia and me at firstname.lastname@example.org by Sunday noon. We will then send you a copy of the retainer agreement to sign and will include your facts in the amended petition.
We understand this is quite a bit to comprehend, and ask that if you have any questions to contact Lydia by email this weekend, who will contact Mr. Glass if she is unable to address your questions or concerns.
Thank you for your efforts in coming forward to show both the UFT and DOE that your genuine health and safety concerns are not being adequately addressed.
Bryan D. Glass, Esq.
GLASS HARLOW & HOGROGIAN LLP
One Blue Hill Plaza
Lobby Level, #1509
Pearl River, NY 10965
169 South Main Street, Suite 321
New City, NY 10956
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