Exhibit,Appendix: Jillian Rizo-Brewington v. Civil Service Employees Association Inc., Local 1000, Afscme, Afl-Cio, Charny & Wheeler P.C., Nathaniel K. Charny

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                                iD:                 OUN   NK   DV              INDEX   NO.   61138/2023
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            SUPREME COURT OF THE STATE OF NEW YORK
            COUNTY OF WESTCHESTER
            wane enn             enn enn     een   ene    ene eee:
            In the Matter of the Application of

            CIVIL SERVICE EMPLOYEES ASSOCIATION,
            INC., LOCAL 1000, AFSCME, ALF-CIO and                                           AFFIDAVIT OF
            JILLIAN RIZO-BREWINGTON,                                                        DEBORAH REYNOLDS

                                                    Petitioners,
                                                                                            Index Number: 63787/2018
                      -against-
                                                                                            Hon. Susan Cacace
            CITY OF MOUNT VERNON, MUNICIPAL
            CIVIL SERVICE COMMISSION OF THE CITY
            OF MOUNT VERNON and DEBORAH
            REYNOLDS,

                                                    Respondent.
            -

            STATE OF NEW YORK                               )
                                                            )            SS.
            COUNTY OF WESTCHESTER                           )

                      DEBORAH           REYNOLDS, being duly sworn, deposes and says:

                      1          I am a Respondent in this proceeding and as such J am fully familiar with the facts and

            circumstances recited below.           I execute this Affidavit in opposition to the Respondents, CITY OF

            MOUNT           VERNON          and    MUNICIPAL             CIVIL     SERVICE      COMMISSION            OF      MOUNT

            VERNON          (hereinafter referred to as “Civil Service”) two cross-claims asserted against me

            individually.        As this Court is aware,           the Petitioner named me as a respondent individually

            without naming me in my official capacity as the duly elected Comptroller of the City of Mount

            Vernon.         As   such    I have    requested       in my       Answer,   previously   filed,   that this    Article    78

            proceeding       against me      be dismissed.          As   an individual,     1 would   have had no authority to

            terminate the Petitioner, JILLIAN             RIZO-BREWINGTON,                  as an employee of the office of the




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         Comptroller for the City of Mount           Vernon.     Nor would    I, as an individual, be subject to this

         Article 78 proceeding.

                 2.         The Respondents, CITY OF MOUNT VERNON and CIVIL SERVICE, through

         Mayor Richard Thomas and his Corporation Counsel, Lawrence Porcari, Esq., have taken their

         feud with me a step further.       The Mayor and Mr. Porcari have now asserted in these two cross-

         claims in this Article 87 proceeding that I acted ultra vires presumably in terminating the

         Petitioner employee, RIZO-BREWINGTON.

                 3          It is respectfully submitted that as an individual, I could not have terminated Ms.

         RIZO    BREWINGTON             from her City employment.        There     are no   allegations   either in the

         Petition or in my Co-Respondents’ Answer which assert any individual actions by me other than

         terminating this employee.

                 4          As this Court is aware from my previously filed Answer, the Petitioner, RIZO-

         BREWINGTON, was a provisional employee who was terminated by me as the Comptroller for

         the City of Mount Vernon, for cause.

                 5          At the time Ms. RIZO-BREWINGTON                  was terminated, there was no Account

         Clerk position in my office for her to retreat to and I received no written notification from her

         tequesting such action.

                 6          You Affiant has no knowledge as to whether Ms. RIZO-BREWINGTON                       made a

         written request to Civil Service to enforce any rights she may have had to go back to her Account

         Clerk   position    although    it is certainly   true that the Account       Clerk-Typist   position   in the

         Department    of Public Works        was defunded       and replaced with a funded position         of Senior

         Account Clerk both by the City Council and the Board of Estimate and Contract as indicated in

         Co-Respondents’ Answer.




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                   7
                            The Petitioner RIZO-BREWINGTON                                   had no additional rights as a provisional

        appointee to the position of Senior Account Clerk or as having a previous permanent position as

        an Account Clerk.          Further the cross-claims state only in conclusory terms that ] acted recklessly

       or willfully in violation of Civil                       Service          Law.     It does   not specify what   factual     actions     I

       undertook         other than       the termination                 of the Petitioner,        RIZO-BREWINGTON,             which   was

       neither reckless nor in violation of any law.

                   8        It is respectfully submitted that both the Petition and both cross-claims should be

       dismissed in their entirety both as a matter of law and as a matter of fact.

                   WHEREFORE,                                 Respondent REYNOLDS                   demands judgment     dismissing the

       Petition and all cross-claims against her and for such other and further relief that this Court may

       seem just, fair and equitable.




                                                                                          DEBORAH         EYNOLDS



       Sworn to before me this
       2           day of October, 2018


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