Immunity Provision Webpage: 
"HOW IT GOT IN THE STATE BUDGET"

PART GGG of Article VII Budget Bill #S.7506-B/A.9506-B
(Education, Labor, and Family Assistance)
creating Article 30-D of the Public Health Law:
"Emergency or Disaster Treatment Protection Act"


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May 13, 2020
"Nursing Homes Are Hotspots in the Crisis.  But Don't Try Suing Them"
New York Times (Amy Julia Harris, Kim Barker, Jesse McKinley)

"In the chaotic days of late March, as it became clear that New York was facing a catastrophic outbreak of the coronavirus, aides to Gov. Andrew M. Cuomo quietly inserted a provision on Page 347 of New York’s final, voluminous budget bill...."

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May 19, 2020 message to Brett Leitner, Esq. -- via his website:
"GOOD NEWS: You can EASILY challenge -- & win -- a lawsuit throwing out Part GGG of Budget Bill #S.7506-B/A.9506-B as UNCONSTITUTIONAL"

Reference is made to the May 13^th New York Times article "Nursing Homes Are Hotspots in the Crisis.  But Don't Try Suing Them", stating that you had reported receiving more than 100 calls from families who have lost loved ones to Covid-19 in nursing homes and that you are still taking on clients for future cases.

Apparently – and perhaps accelerated by the Times article – you are receiving so many calls that your voice mail is now full and cannot accept new messages.  That is the recording I got a short time ago, when I called (855-585-2969 x102).

The reason for my call was to assist you with GOOD NEWS for all the bereaved families who you are telling that they have an “uphill battle” because of the new immunity law that was enacted in the budget.   You can easily bring – and win -- a lawsuit striking down the law, Part GGG of Budget Bill #S.7506-B/A.9506-B, as UNCONSTITUTIONAL – and I can provide you with the dispositive law and legal argument, based on the New York State Constitution.  This includes:

(1) that Part GGG is policy legislation that could not be constitutionally included in Governor Cuomo’s executive budget – over and beyond its violation of Article VII, §6 because it pertains to no appropriation in the FY2020-21 budget and is not limited thereto;

(2) that Governor Cuomo’s so-called “Article VII” Budget Bill #S.7506-B/A.9506-B, allegedly for “Education, Labor and Family Assistance” – into which Part GGG was inserted – was itself unconstitutional;

(3) that Governor Cuomo’s behind-closed-doors, “three-men-in-a-room” budget deal-making with Temporary Senate President Stewart-Cousins and Assembly Speaker Heastie, by which the Governor purported to “amend” his “Article VII” Bill #S.7506-A/A.9506-A, was unconstitutional;

(4) that the Legislature’s “passage” of the “amended” “Article VII” Bill #S.7506-B/A.9506-B was unconstitutional and rife with statutory and legislative rule violations.

EVEN BETTER, the law and legal argument that CJA is able to provide is all embodied in open-and-shut, substantiating evidence – whose accuracy is uncontested. 

CJA’s website, www.judgewatch.org, posts the evidence, in full – and, upon your call, I will gladly guide you to where to find everything you will need.

Thank you.

Elena Sassower, Director
Center for Judicial Accountability, Inc. (CJA)
www.judgewatch.org
914-421-1200

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Senate webpage for S.7506

S.7506/A.9506  (to Part O)
30-day amendments  S.7506-A/A.9506-A  (to Part P)
S.7506-A/A.9506-B  (to Part LLL)

[eliminated/evaporated: Health & Mental Hygiene "Article VII Bill" ]
S.7507-A/A.9507-A   Senate webpage

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CJA's April 3, 2020 FOIL request to Senate & Assembly --
"Reports on the FY2020-21 budget bills, required by Legislative Law §§54.2(b) & (c)
resent-April 7, 2020

Assembly:
April 15, 2020 response

 

CJA's April 6, 2020 FOIL/records request to Governor, Budget Director,
Senate & Assembly Records Access Officers --
"Legal authority for, & specifics of, the March 31-April 2, 2020 'amending'
of Governor Cuomo’s FY2020-21 budget bills"

Budget Director
April 13, 2020 acknowledgment

click here for:  
CJA's March 18, 2020 letter to Governor Cuomo --
"Your January 21, 2020 address on the Executive Budget -- Part III: 
GOOD NEWS DURING THE CORONAVIRUS EMERGENCY--
You Can Chuck Six of Your Seven 'Article VII Bills' Because They are Unconstitutional. 
Here's why based on analysis of the Court of Appeals' 2004 plurality, concurring,
and dissenting opinions in Pataki v. Assembly/Silver v. Pataki, 4 N.Y3d 75"

 

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click here for:
2020 Legislative Session

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UNDOING PART GGG -- 2020 Immunity Repeal Odyssey

UNDOING PART GGG -- 2021 Full Immunity Repeal

IMMUNITY DEFYING LAWSUITS & OUTREACH