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Supreme Court of the State of New York County of Richmond SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND MYMEONA DAVIDS, by her parent and natural guardian, MIAMONA DAVIDS, ERIC DAVIDS, by his parent and natural guardian MIAMONA DAVIDS, ALEXIS PERALTA, by her parent and natural guardian ANGELA PERALTA, STACY PERALTA, by her parent and natural guardian ANGELA PERALTA, LENORA PERALTA, by her parent and natural guardian ANGELA PERALTA, ANDREW HENSON, by his Index No. 101105-2014 parent and natural guardian CHRISTINE HENSON, ADRIAN COLSON, by his parent and natural guardian JACQUELINE Phillip G. Minardo, J.S.C. COLSON, DARIUS COLSON, by his parent and natural guardian JACQUELINE COLSON, SAMANTHA PIROZZOLO, by her parent and natural guardian SAM NOTICE OF MOTION PIROZZOLO, FRANKLIN PIROZZOLO, by his parent and FOR LEAVE TO RENEW natural guardian SAM PIROZZOLO, IZAIYAH EWERS, by his parent and natural guardian KENDRA OKE, Plaintiffs, - against - THE STATE OF NEW YORK, THE NEW YORK STATE BOARD OF REGENTS, THE NEW YORK STATE EDUCATION DEPARTMENT, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF EDUCATION, JOHN AND JANE DOES 1-100, XYZ ENTITIES 1-100, Defendants, -and- MICHAEL MULGREW, as President of the UNITED FEDERATION OF TEACHERS, Local 2, American Federation of Teachers, AFL-CIO, Intervenor-Defendant, -and- SETH COHEN, DANIEL DELEHANTY, ASHLI SKURA DREHER, KATHLEEN FERGUSON, ISRAEL MARTINEZ, RICHARD OGNIBENE, JR., LONNETTE R. TUCK, and KAREN E. MAGEE, Individually and as President of the New York State United Teachers, Intervenor-Defendants, -and- PIDLIP A. CAMMARATA and MARK MAMBRETTI, Intervenor-Defendants. JOHN KEONI WRIGHT; GINET BORRERO; TAVANA GOINS; NINA DOSTER; CARLA WILLIAMS; MONA PRADIA; ANGELES BARRAGAN; Plaintiffs, - against - THE STATE OF NEW YORK; THE BOARD OF REGENTS OF THE UNNERSITY OF THE STATE OF NEW YORK; MERRYL H. TISCH, in her official capacity as Chancellor of the Board of Regents of the University of the State of New York; JOHN B. KING, in his official capacity as the Commissioner of Education of the State of New York and President of the University of the State of New York; Defendants -and- SETH COHEN, DANIEL DELEHANTY, ASHLI SKURA DREHER, KATHLEEN FERGUSON, ISRAEL MARTINEZ, RICHARD OGNIBENE, JR., LONNETTE R. TUCK, and KAREN E. MAGEE, Individually and as President of the New York State United Teachers, Intervenor-Defendants, -and- PHILIP A. CAMMARATA and MARK MAMBRETTI, Intervenor-Defendants, -and- NEW YORK CITY DEPARTMENT OF EDUCATION, Intervenor-Defendant, -and- MICHAEL MULGREW, as President of the UNITED FEDERATION OF TEACHERS, Local 2, American Federation of Teachers, AFL-CIO, Intervenor-Defendant. PLEASE TAKE NOTICE, that upon the Affirmation of Richard E. Casagrande, Esq., dated May 26, 2015, and exhibits annexed thereto, Intervenor-Defendants, Seth Cohen, Daniel Delehanty, Ashli Skura Dreher, Kathleen Ferguson, Israel Martinez, Richard Ognibene, Jr., Lonnette R. Tuck, and Karen E. Magee, Individually and as President of the New York State United Teachers, will move this Court at 18 Richmond Terrace, Staten Island, New York 10301 on the 11th day of August, 2015 at 10:00 a.m., or as soon thereafter as counsel may be heard, for an order and judgment pursuant to section 2221 of the Civil Practice Law and Rules: (a) granting Intervenor-Defendants leave to renew their motion to dismiss the Amended Complaints based upon amendments to the laws challenged by plaintiffs that were enacted by the New York State Legislature on April 1, 2015; (b) dismissing the Amended Complaints as moot and non-justiciable as a result of the amendments to the laws challenged by plaintiffs that were enacted by the New York State Legislature on April 1, 2015; (c) ordering such other, further and different relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE that pursuant to the Order of Hon. Philip G. Minardo, dated May 6, 2015, any papers in opposition to the motion for leave to renew shall be served on or before June 26, 2015, and all reply papers must be served on or before July 7, 2015. Dated: May 26, 2015 Latham, New York Respectfully submitted, .. ICHARDE:CA fu}RANDE,SQ. Attorney for Intervenors-Defendants Cohen, Delehanty, Skura Dreher, Ferguson, Martinez, Ognibene, Tuck and Magee 800 Troy-Schenectady Road Latham, NY 12110-2455 Tel. (518) 213-6000 TO: Jonathan W. Tribiano, PLLC 1811 Victory Boulevard Staten Island, NY 10314 Counselfor Davids Plaintiffs Kirkland & Ellis LLP Devora W. Allon , Esq., of Counsel Jay P. Lefkowitz, Esq., of Counsel 601 Lexington Avenue New York, NY 10022 Counselfor Wright Plaintiffs Eric T. Schneiderman, Esq. Attorney General of the State of New York Steven L. Banks, Esq. Monica Connell, Esq. Asst. Attorneys General 120 Broadway, 24th Floor New York, NY 10271 Counselfor State Defendants Zachary W. Carter, Esq. Corporation Counsel of the City of New York Janice Birnbaum, Esq. Senior Corporation Counsel 100 Church Street New York, NY 10007 Counselfor Defendants City of New York and New York City Department of Education Stroock & Stroock & Lavan LLP Charles G. Moerdler, Esq. Alan M. Klinger, Esq. 180 Maiden Lane New York, NY 10038-4982 Counselfor Intervenor-Defendant Michael Mulgrew, as President of the United Federation of Teachers Arthur P. Scheuermann, Esq. Jennifer L. Carlson, Esq. School Administrators Association of New York State 8 Airport Park Blvd. Latham, New York 12110 Counselfor Intervenor-Defendants Cammarata and Mambretti SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND MYMEONA DAVIDS, by her parent and natural guardian, MIAMONA DAVIDS, ERIC DAVIDS, by his parent and natural guardian MIAMONA DAVIDS, ALEXIS PERALTA, by her parent and natural guardian ANGELA PERALTA, STACY PERALTA, by her parent and natural guardian ANGELA PERALTA, LENORA PERALTA, by her parent and natural guardian ANGELA PERALTA, ANDREW HENSON, by his Index No. 101105-2014 parent and natural guardian CHRISTINE HENSON, ADRIAN COLSON, by his parent and natural guardian JACQUELINE Phillip G. Minardo, J.S.C. COLSON, DARIUS COLSON, by his parent and natural guardian JACQUELINE COLSON, SAMANTHA AFFIRMATION PIROZZOLO, by her parent and natural guardian SAM PIROZZOLO, FRANKLIN PIROZZOLO, by his parent and natural guardian SAM PIROZZOLO, IZAIYAH EWERS, by his parent and natural guardian KENDRA OKE, Plaintiffs, - against - THE STATE OF NEW YORK, THE NEW YORK STATE BOARD OF REGENTS, THE NEW YORK STATE EDUCATION DEPARTMENT, THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF EDUCATION, JOHN AND JANE DOES 1-100, XYZ ENTITIES 1-100, Defendants, -and- MICHAEL MULGREW, as President of the UNITED FEDERATION OF TEACHERS, Local 2, American Federation of Teachers, AFL-CIO, Intervenor-Defendant, -and- SETH COHEN, DANIEL DELEHANTY, ASHLI SKURA DREHER, KATHLEEN FERGUSON, ISRAEL MARTINEZ, RICHARD OGNIBENE, JR., LONNETTE R. TUCK, and KAREN E. MAGEE, Individually and as President of the New York State United Teachers, Intervenor-Defendants, -and- PHILIP A. CAMMARATA and MARK MAMBRETTI, Intervenor-Defendants. 1 JOHN KEONI WRIGHT; GINET BORRERO; TAVANA GOINS; NINA DOSTER; . CARLA WILLIAMS; MONA PRADIA; ANGELES BARRAGAN; Plaintiffs, - against - THE STATE OF NEW YORK; THE BOARD OF REGENTS OF THE UNNERSITY OF THE STATE OF NEW YORK; MERRYL H. TISCH, in her official capacity as Chancellor of the Board of Regents of the University of the State of New York; JOHN B. KING, in his official capacity as the Commissioner of Education of the State of New York and President of the University of the State of New York; Defendants -and- SETH COHEN, DANIEL DELEHANTY, ASHLI SKURA DREHER, KATHLEEN FERGUSON, ISRAEL MARTINEZ, RICHARD OGNIBENE, JR., LONNETTE R. TUCK, and KAREN E. MAGEE, Individually and as President of the New York State United Teachers, Intervenor-Defendants, -and- PHILIP A. CAMMARATA and MARK MAMBRETTI, Intervenor-Defendants, -and- NEW YORK CITY DEPARTMENT OF EDUCATION, Intervenor-Defendant, -and- MICHAEL MULGREW, as President of the UNITED FEDERATION OF TEACHERS, Local 2, American Federation of Teachers, AFL-CIO, Intervenor-Defendant. 2 RICHARD E. CASAGRANDE, an attorney duly admitted to practice law in the Courts of the State of New York affirms as follows under penalty of perjury pursuant to CPLR § 2106: 1. I am the attorney of record for Intervenor-Defendants Seth Cohen, Daniel Delehanty, Ashli Skura Dreher, Kathleen Ferguson, Israel Martinez, Richard Ognibene, Jr., Lonnette R. Tuck, and Karen E. Magee, Individually and as President of the New York State United Teachers ("Intervenor-Defendants"). I am fully familiar with the pleadings, facts and circumstances in this matter. 2. I submit this affirmation in support of the motion for leave to renew Intervenor-Defendants' motion to dismiss Plaintiffs' Amended Complaints pursuant to CPLR § 2221(e). 3. Intervenor-Defendants filed their motion to dismiss the Amended Complaints pursuant to CPLR § 3211(a)(2), (7) and (10) on or about October 29, 2014. Copies of all papers served and filed by Intervenor-Defendants in support of their motion to dismiss are annexed hereto as Exhibit "A" and include: (1) Notice of Motion to Dismiss (Dated October 27, 2014); (2) Affirmation of Robert T. Reilly in Support of Motion to Dismiss (Dated October 27, 2014); (3) Memorandum of Law in Support of Intervenor-Defendants' Motion to Dismiss (Dated October 27, 2014); (4) Reply Memorandum of Law in Support of Intervenor-Defendants' Motion to Dismiss (December 15, 2014); (5) Response Letter to Sur-Reply by Richard E. Casagrande with attached Affirmation (Dated January 13, 2015). 4. The motion to dismiss asserted several grounds for dismissal, including failure to allege facts sufficient to support a constitutional claim; failure to state a cause 3 of action under New York Constitution Article 11 §1; lack of standing; non-justiciability; mootness; and failure to join necessary parties. 5. By Decision and Order dated March 12, 2015, Hon. Philip G. Minardo, J.S.C., denied the motions to dismiss made by all defendants in this matter. A copy of the March 12, 2015 Decision and Order is annexed hereto as Exhibit "B". 6. After Justice Minardo issued the Decision and Order, the New York State Legislature, on April 1, 2015, enacted Chapter 56 of the Laws of 2015 as part of the 2015-2016 New York State Budget.
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