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In The Matter Of The Application Of The Bronx Defenders v. The New York City Administration For Childrens Services, Jess Dannhauser In His Official Capacity As Commissioner Of The Administration For Childrens Services
A Special Proceedings - Cplr Article 78 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Shahabuddeen Ally presiding.
Case Details
Case Number
Filing Date
May 17, 2023
Last Refreshed
January 28, 2024
Filing Location
New York County, NY
Judge
Category
Special Proceedings - CPLR Article 78
Practice Area
Administrative
Matter Type
Agency Action
Overview
This Article 78 petition seeks to vindicate the right of Petitioner and of the public
to access Administration for Children’s Services (“ACS” or “Agency”) records regarding a racial
equity audit of its practices (“Racial Equity Audit” or “Audit”). In response to calls to address the
extreme racial disparities in ACS’s operations, ACS repeatedly touted its participation in the Audit,
in New York City Council testimony and in mandated reports. In contrast to ACS’s eagerness in
publicizing the Audit, once the third-party auditor completed its report (“Report”), ACS attempted
to bury it. The agency failed to publish the Report to the public or provide it to advocates, even
those who participated in the Racial Equity Audit. In December 2021, The Bronx Defenders filed
a Freedom of Information Law (“FOIL”) request to expose the Audit’s results and ACS’s response.
Causes of Action
1. Article 78 Petition – Directing ACS to Produce the Requested Documents
Parties
Plaintiffs
In The Matter Of The Application Of The Bronx Defenders
Attorneys for Plaintiffs
Jain, Niji
Philip, Meghna
Schissel, Michael David
Shrinath, Kshithij
Venhuizen, Anne Marie
Defendants
Jess Dannhauser In His Official Capacity As Commissioner Of The Administration For Childrens Services
The New York City Administration For Childrens Services
Attorneys for Defendants
Riddleberger, Kendra Elise
Case Documents
EXHIBIT(S) - C (Motion 001)
Date: Nov 30, 2023
MEMORANDUM OF LAW IN SUPPORT (Motion 001)
Date: Nov 30, 2023
EXHIBIT(S) - B (Motion 001)
Date: Nov 30, 2023
EXHIBIT(S) - A (Motion 001)
Date: Nov 30, 2023
ANSWER IN SPECIAL PROCEEDING (Motion 001)
Date: Nov 30, 2023
EXHIBIT(S) - G (Motion 001)
Date: Nov 15, 2023
MEMORANDUM OF LAW IN OPPOSITION
Date: Nov 15, 2023
EXHIBIT(S) - A (Motion 001)
Date: Nov 15, 2023
EXHIBIT(S) - F (Motion 001)
Date: Nov 15, 2023
ANSWER IN SPECIAL PROCEEDING
Date: Nov 15, 2023
EXHIBIT(S) - C (Motion 001)
Date: Nov 15, 2023
EXHIBIT(S) - D (Motion 001)
Date: Nov 15, 2023
AFFIRMATION
Date: Nov 15, 2023
EXHIBIT(S) - E (Motion 001)
Date: Nov 15, 2023
EXHIBIT(S) - B (Motion 001)
Date: Nov 15, 2023
STIPULATION - SO ORDERED
Date: Sep 13, 2023
STIPULATION - SO ORDERED
Date: Aug 15, 2023
ADJOURNMENT OF MOTION -REQUEST - BEFORE JUDGE
Date: Aug 11, 2023
ADJOURNMENT OF MOTION -REQUEST -IN SUBMISSIONS PART -RM 130
Date: Aug 10, 2023
STIPULATION - SO ORDERED
Date: Jul 28, 2023
DECISION ORDER ON MOTION
Date: Jul 26, 2023
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130
Date: Jul 10, 2023
AFFIDAVIT (Motion 002)
Date: Jul 03, 2023
EXHIBIT(S) - 1 (Motion 002)
Date: Jul 03, 2023
NOTICE OF MOTION (Motion 002) Corrected
Date: Jul 03, 2023
ORDER ( PROPOSED ) (Motion 002)
Date: Jul 03, 2023
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130
Date: Jun 08, 2023
EXHIBIT(S) - I
Date: May 17, 2023
EXHIBIT(S) - G
Date: May 17, 2023
EXHIBIT(S) - J
Date: May 17, 2023
EXHIBIT(S) - F
Date: May 17, 2023
EXHIBIT(S) - B
Date: May 17, 2023
RJI -RE: NOTICE OF PETITION
Date: May 17, 2023
EXHIBIT(S) - H
Date: May 17, 2023
EXHIBIT(S) - D
Date: May 17, 2023
EXHIBIT(S) - A
Date: May 17, 2023
EXHIBIT(S) - E
Date: May 17, 2023
NOTICE OF PETITION ACCOMPANYING COMMENCEMENT DOC(S) (Motion 001)
Date: May 17, 2023
PETITION
Date: May 17, 2023
EXHIBIT(S) - C
Date: May 17, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| November 30, 2023 |
EXHIBIT(S) - C (Motion #001) Exhibit C Produced Emails Demonstrating Specific Deficiencies |
||
| November 30, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #001) Memorandum in Law in Support of Petitioner's Verified Reply |
||
| November 30, 2023 |
EXHIBIT(S) - B (Motion #001) Exhibit B ACS Documents Obtained Outside this Litigation |
||
| November 30, 2023 |
EXHIBIT(S) - A (Motion #001) Exhibit A Produced Emails Demonstrating General Deficiencies |
||
| November 30, 2023 |
ANSWER IN SPECIAL PROCEEDING (Motion #001) Verified Reply |
||
| November 15, 2023 |
EXHIBIT(S) - G (Motion #001) Oct. 30, 2023 Email |
||
| November 15, 2023 | MEMORANDUM OF LAW IN OPPOSITION | ||
| November 15, 2023 |
EXHIBIT(S) - A (Motion #001) Dec. 15, 2021 Email |
||
| November 15, 2023 |
EXHIBIT(S) - F (Motion #001) Sept. 29, 2022 Email |
||
| November 15, 2023 | ANSWER IN SPECIAL PROCEEDING | ||
| November 15, 2023 |
EXHIBIT(S) - C (Motion #001) Jan. 24, 2022 Letter |
||
| November 15, 2023 |
EXHIBIT(S) - D (Motion #001) Apr. 27, 2022 Email |
||
| November 15, 2023 | AFFIRMATION | ||
| November 15, 2023 |
EXHIBIT(S) - E (Motion #001) June 8, 2022 Email |
||
| November 15, 2023 |
EXHIBIT(S) - B (Motion #001) Jan. 10, 2022 Email |
||
| September 13, 2023 | STIPULATION - SO ORDERED | ||
| August 15, 2023 | STIPULATION - SO ORDERED | ||
| August 11, 2023 | ADJOURNMENT OF MOTION -REQUEST - BEFORE JUDGE | ||
| August 10, 2023 | ADJOURNMENT OF MOTION -REQUEST -IN SUBMISSIONS PART -RM 130 | ||
| July 28, 2023 | STIPULATION - SO ORDERED | ||
| July 26, 2023 | DECISION + ORDER ON MOTION | ||
| July 10, 2023 | STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 | ||
| July 03, 2023 |
AFFIDAVIT (Motion #002) Affidavit of Srinivas Ayyagari |
||
| July 03, 2023 |
AFFIRMATION (Motion #002) Attorney Affirmation of Michael Schissel in Support of Motion to Admit Counsel Srinivas Ayyagari Pro Attorney Affirmation of Michael Schissel in Support of Motion to Admit Counsel Srinivas Ayyagari Pro ... show more |
||
| July 03, 2023 |
EXHIBIT(S) - 1 (Motion #002) DC Certificate of Good Standing |
||
| July 03, 2023 |
NOTICE OF MOTION (Motion #002) *Corrected* Notice of Motion to Admit Counsel Srinivas Ayyagari Pro Hac Vice |
||
| July 03, 2023 |
ORDER ( PROPOSED ) (Motion #002) (Proposed) Order Admitting Srinivas Ayyagari Pro Hac Vice |
||
| June 08, 2023 | STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 | ||
| May 23, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affidavit of Service upon The New York City Administration for Children's Services c/o New York City Affidavit of Service upon The New York City Administration for Children's Services c/o New York City ... show more |
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| May 23, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affidavit of Service upon Jess Dannhauser, in his official capacity as Commissioner of the Administr Affidavit of Service upon Jess Dannhauser, in his official capacity as Commissioner of the Administr ... show more |
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| May 17, 2023 |
EXHIBIT(S) - I Exhibit I - Continuous Quality Improvement Toolkit |
||
| May 17, 2023 |
EXHIBIT(S) - G Exhibit G - CFP-NIS contracts |
||
| May 17, 2023 |
EXHIBIT(S) - J Exhibit J - Produced e-mails (assorted) |
||
| May 17, 2023 |
EXHIBIT(S) - F Exhibit F - CFP-ACS contracts |
||
| May 17, 2023 |
EXHIBIT(S) - B Exhibit B - Racial Equity Audit Report |
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| May 17, 2023 |
MEMORANDUM OF LAW IN SUPPORT MEMORANDUM OF LAW IN SUPPORT OF PETITIONERS APPLICATION FOR A JUDGMENT PURSUANT TO ARTICLE 78 OF THE MEMORANDUM OF LAW IN SUPPORT OF PETITIONERS APPLICATION FOR A JUDGMENT PURSUANT TO ARTICLE 78 OF THE ... show more |
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| May 17, 2023 |
RJI -RE: NOTICE OF PETITION Requestion for Judicial Intervention |
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| May 17, 2023 |
EXHIBIT(S) - H Exhibit H - ACS-NIS memorandum of understanding |
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| May 17, 2023 |
EXHIBIT(S) - D Exhibit D - January 2023 FOIL appeal |
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| May 17, 2023 |
EXHIBIT(S) - A Exhibit A - December 2021 FOIL request |
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| May 17, 2023 |
EXHIBIT(S) - E Exhibit E - January 2023 FOIL appeal denial |
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| May 17, 2023 |
NOTICE OF PETITION ACCOMPANYING COMMENCEMENT DOC(S) (Motion #001) Notice of Verified Petition |
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| May 17, 2023 |
PETITION Verified Petition |
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| May 17, 2023 |
EXHIBIT(S) - C Exhibit C - December 2022 FOIL response |
