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Memorandum of Law on Change of Venue and in Response to Respondent’s Answer in Article 78 Proceeding to Review Employment Disqualification by OHM (Community Service Society Legal Dept.)

  • Organization: Community Service Society Legal Dept.
  • Author: Craig Acorn at
  • Document Type: Pleadings (other than briefs)
  • Date Created: Thursday, June 14, 2007
  • Submitted: Thursday, June 14, 2007
  • Attachment(s): DOC

This memo of law concludes that venue is proper in New York County and Respondent has failed to establish a valid reason to change it because the underlying events happened in New York County, and therefore all the evidence is in New York County and because the consideration of the venue should keep in mind conserving the witnesses' expenses and expediting trial. The memo also argues that Petitioner's claims are ripe & reviewable because the telephone conversation between OMH and Petitioner's employer amounts to formal disqualification of Petitioner and requires no further formal communication. Memo claims that application by OMH of Executive Law 845-b and 14 NYCRR, Part 550 to Petitioner is questionable and should be reviewed. Memo argues that Petitioner's remaining claims based on the State Administrative Procedure Act (SAPA) have merit. OMH subjected Petitioner to a set of emergency regulations which it promulgated improperly time after time and which; even improperly; were not in place when OMH disqualified Petitioner from employment. Finally, memo argues that claims with respect to New York City Human Rights Law have merit and should be reviewed by the Court.

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