Preview
FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024
Exhibit A
FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NEW YORK STATE PUBLIC EMPLOYMENT
RELATIONS BOARD,
[Proposed] ANSWER
Petitioner,
New York County
For an Order and Declaratory Judgment Pursuant Index No.: 452305/23
to Article 78 and CPLR 3001
- against -
NEW YORK CITY OFFICE OF COLLECTIVE
BARGAINING, THE NEW YORK CITY BOARD OF
COLLECTIVE BARGAINING, and THE NEW YORK
CITY BOARD OF CERTIFICATION,
Respondents.
[Proposed] Intervenor District Council 37, American Federation of State, County
and Municipal Employees (“DC37”) submits this [Proposed] Answer to the Verified Petition
filed on September 12, 2023, by Petitioner New York State Public Employment Relations Board:
1. Aver that paragraph 1 contains a description of Petitioner’s claims to
which no responsive pleading is required.
2. Aver that paragraph 2 contains a description of the relief that Petitioner
seeks to which no responsive pleading is required. To the extent paragraph 2 contains factual
allegations, denied.
3. Aver that paragraph 3 contains a description of the relief that Petitioner
seeks to which no responsive pleading is required. To the extent paragraph 3 contains factual
allegations, denied.
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VENUE
4. Admit.
RELATED PROCEEDINGS
5. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 5.
THE PARTIES
6. Aver that paragraph 6 and its footnote sets forth legal conclusions to
which no responsive pleading is required. Admit the final sentence of paragraph 6.
7. Admit, except state that DC37 reserves all rights to assert any claims
arising out of PERB’s failure to name the OCB Director or any BOC or BCB members, and state
further that the content of footnote 2 does not belong in a complaint, as it is more appropriately
contained in a motion seeking the relief described in footnote 2.
8. Deny, and refer to the authority cited in paragraph 8 for its contents.
9. Aver that paragraph 9 sets forth conclusions of law to which no responsive
pleading is required.
10. Aver that paragraph 10 sets forth conclusions of law to which no
responsive pleading is required.
11. Deny.
12. Admit.
PRELIMINARY STATEMENT
13. Refer to the authorities referenced in paragraph 13 for their contents, and
aver that no further response to paragraph 13 is required.
14. Deny.
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15. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 15.
16. Aver that paragraph 16 sets forth conclusions of law to which no
responsive pleading is required.
17. Aver that paragraph 17 sets forth conclusions of law to which no
responsive pleading is required.
18. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 18, refer to the documents referenced in paragraph 18 for their contents, and aver
that no further response to paragraph 18 is required.
19. Aver that paragraph 19 sets forth conclusions of law to which no
responsive pleading is required.
20. Aver that paragraph 20 sets forth conclusions of law to which no
responsive pleading is required.
21. Aver that paragraph 21 sets forth conclusions of law to which no
responsive pleading is required.
22. Aver that paragraph 22 sets forth conclusions of law to which no
responsive pleading is required.
23. Refer to the authorities referenced in paragraph 23 for their contents, and
aver that no further response to paragraph 23 is required.
24. Refer to the authorities referenced in paragraph 24 for their contents, and
aver that no further response to paragraph 24 is required.
25. Aver that paragraph 25 sets forth conclusions of law to which no
responsive pleading is required.
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26. Aver that paragraph 26 sets forth conclusions of law to which no
responsive pleading is required.
27. Aver that paragraph 27 sets forth conclusions of law to which no
responsive pleading is required.
28. Deny.
29. Deny.
30. Refer to documents referenced in paragraph 30 for their contents, and aver
that no further response to paragraph 30 is required.
31. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 31.
32. Aver that paragraph 32 contains a description of the relief sought by
Petitioner to which no responsive pleading is required.
STATEMENT OF FACTS
33. Aver that paragraph 33 summarizes the Petition, and that no response is
required.
A. Statutory Framework and Rules
A (i): Taylor Law and NYCCBL
34. Aver that paragraph 34 sets forth conclusions of law to which no
responsive pleading is required.
35. Aver that paragraph 35 sets forth conclusions of law to which no
responsive pleading is required.
36. Aver that paragraph 36 sets forth conclusions of law to which no
responsive pleading is required.
37. Admit.
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38. Aver that paragraph 38 sets forth conclusions of law to which no
responsive pleading is required.
39. Aver that paragraph 39 sets forth conclusions of law to which no
responsive pleading is required.
40. Aver that paragraph 40 sets forth conclusions of law to which no
responsive pleading is required.
41. Aver that paragraph 41 sets forth conclusions of law to which no
responsive pleading is required.
A (ii): Substantial Equivalence: PERB and Mini-PERBs
42. Aver that paragraph 42 sets forth conclusions of law to which no
responsive pleading is required.
43. Aver that paragraph 43 sets forth conclusions of law to which no
responsive pleading is required.
44. Aver that paragraph 44 purports to quote the statute cited therein, and aver
that no further response is required.
45. Aver that paragraph 45 purports to quote the statute cited therein, and aver
that no further response is required.
46. Aver that paragraph 46 sets forth conclusions of law to which no
responsive pleading is required.
47. Aver that paragraph 47 sets forth conclusions of law to which no
responsive pleading is required.
48. Aver that paragraph 48 sets forth conclusions of law to which no
responsive pleading is required.
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A (iii): PERB Rules Regarding Substantial Equivalence
49. Aver that paragraph 49 sets forth conclusions of law to which no
responsive pleading is required.
50. Aver that paragraph 50 sets forth conclusions of law to which no
responsive pleading is required.
51. Refer to the authorities referenced in paragraph 51 for their contents, and
aver that no further response to paragraph 51 is required.
52. Aver that paragraph 52 purports to quote the rule cited therein, and that no
response is required.
53. Aver that paragraph 53 purports to quote the rule cited therein, and that no
response is required.
54. Refer to the documents referenced in paragraph 54 for their contents, and
aver that no further response to paragraph 54 is required.
55. Refer to the documents referenced in paragraph 55 for their contents, and
aver that no further response to paragraph 55 is required.
A (iv): Contract Bar Rule
56. Aver that paragraph 56 sets forth conclusions of law to which no
responsive pleading is required.
57. Refer to the statutes cited in paragraph 57 for their contents, and aver that
no further response is required.
58. Refer to the authorities referenced in paragraph 58 for their contents, and
aver that no further response to paragraph 58 is required.
59. Aver that paragraph 59 sets forth conclusions of law to which no
responsive pleading is required.
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60. Refer to the authorities referenced in paragraph 60 for their contents, and
aver that no further response to paragraph 60 is required.
61. Aver that paragraph 61 purports to quote the rule cited therein, and aver
that no further response is required.
62. Aver that paragraph 62 sets forth conclusions of law to which no
responsive pleading is required.
63. Aver that paragraph 63 purports to quote the rule cited therein, and aver
that no further response is required.
64. Aver that paragraph 64 purports to quote the case cited therein, and aver
that no further response is required.
65. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 65, except refer to documents and authorities referenced in paragraph 65 for their
contents.
66. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 66.
67. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 67.
68. Aver that paragraph 68 sets forth conclusions of law to which no
responsive pleading is required.
69. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 69.
70. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 70.
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71. Aver that paragraph 71 sets forth conclusions of law to which no
responsive pleading is required.
B. Application of the OCB Contract Bar Rule Prompting Request That Petitioner PERB
Investigate Respondents for Substantial Equivalence
72. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 72, and refer to the documents referenced therein for their contents.
73. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 73, and refer to the documents referenced therein for their contents.
74. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 74.
75. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 75, and refer to the documents referenced therein for their contents.
76. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 76, and refer to the documents and authorities referenced therein for their contents.
B (i): LEEBA’s History as the Representative of EPOs
77. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 77.
78. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 78, and refer to the documents and authorities referenced therein for their contents.
79. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 79.
80. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 80.
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81. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 81.
82. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 82.
83. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 83.
84. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 84.
85. Aver that paragraph 85 sets forth conclusions of law to which no
responsive pleading is required.
86. Aver that paragraph 86 sets forth conclusions of law to which no
responsive pleading is required.
B (ii): First Attempt to Decertify LEEBA as Representative of EPOs
87. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 87.
B (ii) (a): SBA Decertification Petition
88. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 88.
89. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 89.
90. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 90.
91. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 91, and refer to the documents referenced therein for their contents.
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B (ii) (b): Respondents’ Denial of the SBA Decertification Petition
92. Refer to the documents referenced in paragraph 92 for their contents, and
aver that no further response is required.
93. Aver that paragraph 93 sets forth conclusions of law to which no
responsive pleading is required.
94. Refer to the document referenced in paragraph 94 for its contents, and
aver that no further response is required.
95. Refer to the document referenced in paragraph 95 for its contents, and
aver that no further response is required.
B (ii) (c): SBA Article 78 Action
96. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 96, and refer to the documents referenced therein for their contents.
97. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 97.
98. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 98.
99. Refer to the documents referenced in paragraph 99 for their contents, and
aver that no further response is required.
100. Refer to the documents referenced in paragraph 100 for its contents, and
aver that no further response is required.
101. Refer to the documents referenced in paragraph 101 for their contents, and
aver that no further response is required.
102. Refer to the documents referenced in paragraph 102 for their contents, and
aver that no further response is required.
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103. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 103.
B (iii): Second Attempt to Decertify LEEBA as Representative of EPOs
B (iii) (a): EPBA Decertification Petition
104. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 104, and refer to the documents referenced therein for their contents.
105. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 105, and refer to the documents referenced therein for their contents.
106. Aver that paragraph 106 sets forth legal arguments to which no responsive
pleading is required, and refer to the documents referenced therein for their contents.
107. Aver that paragraph 107 sets forth legal arguments to which no responsive
pleading is required, and refer to the documents referenced therein for their contents.
108. Aver that paragraph 108 sets forth legal arguments to which no responsive
pleading is required, and refer to the documents referenced therein for their contents.
109. Aver that paragraph 109 sets forth legal arguments to which no responsive
pleading is required, and refer to the documents referenced therein for their contents.
110. Aver that paragraph 110 sets forth legal conclusions to which no
responsive pleading is required.
B (iii) (b): OCB Dismissal Letter
111. Refer to the documents referenced in paragraph 111 for their contents, and
aver that no further response to paragraph 111 is required.
112. Aver that paragraph 112 sets forth legal arguments to which no responsive
pleading is required, and refer to the documents referenced therein for their contents.
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113. Refer to the documents referenced in paragraph 113 for their contents, and
aver that no further response to paragraph 113 is required.
114. Refer to the documents referenced in paragraph 114 for their contents, and
aver that no further response to paragraph 114 is required.
115. Admit.
C. The EPBA Implementation Petition Filed With Petitioner PERB
116. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 116, and refer to the documents referenced therein for their contents.
117. Refer to the documents referenced in paragraph 117 for their contents, and
aver that no further response to paragraph 117 is required.
118. Refer to the documents referenced in paragraph 118 for their contents, and
aver that no further response to paragraph 118 is required.
119. Refer to the documents referenced in paragraph 119 for their contents, and
aver that no further response to paragraph 119 is required.
120. Refer to the documents referenced in paragraph 120 for their contents, and
aver that no further response to paragraph 120 is required.
121. Refer to the documents referenced in paragraph 121 for their contents, and
aver that no further response to paragraph 121 is required.
122. Refer to the documents referenced in paragraph 122 for their contents, and
aver that no further response to paragraph 122 is required.
123. Refer to the documents referenced in paragraph 123 for their contents, and
aver that no further response to paragraph 123 is required.
124. Refer to the documents referenced in paragraph 124 for their contents, and
aver that no further response to paragraph 124 is required.
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D. Petitioner PERB’s Implementation Investigation
125. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 125, and refer to the documents referenced therein for their contents.
D (i): Conference
126. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 126, and refer to the documents referenced therein for their contents.
127. Refer to the documents referenced in paragraph 127 for their contents, and
aver that no further response to paragraph 127 is required.
128. Refer to the documents referenced in paragraph 128 for their contents, and
aver that no further response to paragraph 128 is required.
129. Refer to the documents referenced in paragraph 129 for their contents, and
aver that no further response to paragraph 129 is required.
130. Refer to the documents referenced in paragraph 130 for their contents, and
aver that no further response to paragraph 130 is required.
131. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 131, and refer to the documents referenced therein for their contents.
132. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 132, and refer to the documents referenced therein for their contents.
133. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 133, and refer to the documents referenced therein for their contents.
134. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 134, and refer to the documents referenced therein for their contents.
135. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 135, and refer to the documents referenced therein for their contents.
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136. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 136, and refer to the documents referenced therein for their contents.
137. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 137, and refer to the documents referenced therein for their contents.
138. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 138, and refer to the documents referenced therein for their contents.
D (ii): LEEBA Response to EPBA Implementation Petition
139. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 139, and refer to the documents referenced therein for their contents.
140. Refer to the documents referenced in paragraph 140 for their contents, and
aver that no further response to paragraph 140 is required.
141. Refer to the documents referenced in paragraph 141 for their contents, and
aver that no further response to paragraph 141 is required.
142. Refer to the documents referenced in paragraph 142 for their contents, and
aver that no further response to paragraph 142 is required.
143. Refer to the documents referenced in paragraph 143 for their contents, and
aver that no further response to paragraph 143 is required. To the extent paragraph 143 makes
factual allegations, deny knowledge or information sufficient to admit or deny those factual
allegations.
D (iii): Respondents’ Motion to Dismiss
144. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 144, and refer to the documents referenced therein for their contents.
145. Refer to the documents referenced in paragraph 145 for their contents, and
aver that no further response to paragraph 145 is required.
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146. Refer to the documents referenced in paragraph 146 for their contents, and
aver that no further response to paragraph 146 is required.
D (iii) (a): OCB Motion to Dismiss on Standing
147. Refer to the documents referenced in paragraph 147 for their contents, and
aver that no further response to paragraph 147 is required.
148. Refer to the documents referenced in paragraph 148 for their contents, and
aver that no further response to paragraph 148 is required.
149. Refer to the documents referenced in paragraph 149 for their contents, and
aver that no further response to paragraph 149 is required.
150. Refer to the documents referenced in paragraph 150 for their contents, and
aver that no further response to paragraph 150 is required.
151. Refer to the documents referenced in paragraph 151 for their contents, and
aver that no further response to paragraph 151 is required.
152. Refer to the documents referenced in paragraph 152 for their contents, and
aver that no further response to paragraph 152 is required.
153. Refer to the documents referenced in paragraph 153 for their contents, and
aver that no further response to paragraph 153 is required.
154. Refer to the documents referenced in paragraph 154 for their contents, and
aver that no further response to paragraph 154 is required.
155. Refer to the documents referenced in paragraph 155 for their contents, and
aver that no further response to paragraph 155 is required.
156. Refer to the documents referenced in paragraph 156 for their contents, and
aver that no further response to paragraph 156 is required.
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157. Refer to the documents referenced in paragraph 157 for their contents, and
aver that no further response to paragraph 157 is required.
D (iii) (b): OCB Motion to Dismiss on the Merits
158. Refer to the documents referenced in paragraph 158 for their contents, and
aver that no further response to paragraph 158 is required.
159. Refer to the documents referenced in paragraph 159 for their contents, and
aver that no further response to paragraph 159 is required.
160. Refer to the documents referenced in paragraph 160 for their contents, and
aver that no further response to paragraph 160 is required.
161. Refer to the documents referenced in paragraph 161 for their contents, and
aver that no further response to paragraph 161 is required.
162. Aver that paragraph 162 sets forth legal conclusions to which no
responsive pleading is required; further, DC37 refers to the “cases” referred to in paragraph 162
for their contents, and avers that no further response to paragraph 162 is required.
163. Refer to the documents referenced in paragraph 163 for their contents, and
aver that no further response to paragraph 163 is required.
164. Refer to the documents referenced in paragraph 164 for their contents, and
aver that no further response to paragraph 164 is required.
165. Refer to the documents referenced in paragraph 165 for their contents, and
aver that no further response to paragraph 165 is required.
166. Aver that paragraph 166 sets forth legal conclusions to which no
responsive pleading is required, refer to the documents referenced therein for their contents, and
aver that no further response is required.
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167. Aver that paragraph 167 sets forth legal conclusions to which no
responsive pleading is required, refer to the documents referenced therein for their contents, and
aver that no further response is required.
168. Refer to the documents referenced in paragraph 168 for their contents, and
aver that no further response to paragraph 168 is required.
169. Refer to the documents referenced in paragraph 169 for their contents, and
aver that no further response to paragraph 160 is required.
170. Refer to the documents referenced in paragraph 170 for their contents, and
aver that no further response to paragraph 170 is required.
171. Refer to the documents referenced in paragraph 171 for their contents, and
aver that no further response to paragraph 171 is required.
172. Refer to the documents referenced in paragraph 172 for their contents, and
aver that no further response to paragraph 172 is required; to the extent a response is required,
deny.
173. Refer to the documents referenced in paragraph 173 for their contents, and
aver that no further response to paragraph 173 is required.
174. Refer to the documents referenced in paragraph 174 for their contents, and
aver that no further response to paragraph 174 is required.
175. Refer to the documents referenced in paragraph 175 for their contents, and
aver that no further response to paragraph 175 is required.
176. Refer to the documents referenced in paragraph 176 for their contents, and
aver that no further response to paragraph 176 is required.
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177. Refer to the documents referenced in paragraph 177 for their contents, and
aver that no further response to paragraph 177 is required.
D (iv): The EPBA Response to the OCB Motion to Dismiss
178. Refer to the documents referenced in paragraph 178 for their contents, and
aver that no further response to paragraph 178 is required.
179. Refer to the documents referenced in paragraph 179 for their contents, and
aver that no further response to paragraph 179 is required.
D (iv) (a): EPBA Response on Standing
180. Refer to the documents referenced in paragraph 180 for their contents, and
aver that no further response to paragraph 180 is required.
181. Refer to the documents referenced in paragraph 181 for their contents, and
aver that no further response to paragraph 181 is required.
182. Refer to the documents referenced in paragraph 182 for their contents, and
aver that no further response to paragraph 182 is required.
183. Refer to the documents referenced in paragraph 183 for their contents, and
aver that no further response to paragraph 183 is required.
184. Refer to the documents referenced in paragraph 184 for their contents, and
aver that no further response to paragraph 184 is required.
185. Refer to the documents referenced in paragraph 185 for their contents, and
aver that no further response to paragraph 185 is required.
186. Refer to the documents referenced in paragraph 186 for their contents, and
aver that no further response to paragraph 186 is required.
187. Refer to the documents referenced in paragraph 187 for their contents, and
aver that no further response to paragraph 187 is required.
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D (iv) (b): EPBA Response on the Merits
188. Refer to the documents referenced in paragraph 188 for their contents, and
aver that no further response to paragraph 188 is required.
189. Aver that paragraph 189 sets forth legal conclusions to which no
responsive pleading is required.
190. Refer to the documents referenced in paragraph 190 for their contents, and
aver that no further response to paragraph 190 is required.
191. Refer to the documents referenced in paragraph 191 for their contents, and
aver that no further response to paragraph 191 is required.
192. Refer to the documents referenced in paragraph 192 for their contents, and
aver that no further response to paragraph 192 is required.
193. Refer to the documents referenced in paragraph 193 for their contents, and
aver that no further response to paragraph 193 is required.
194. Refer to the documents referenced in paragraph 194 for their contents, and
aver that no further response to paragraph 194 is required.
E. PERB Office of Counsel Implementation Investigation Report
195. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 195, and refer to the documents referenced therein for their contents.
196. Refer to the documents referenced in paragraph 196 for their contents, and
aver that no further response to paragraph 196 is required.
197. Refer to the documents referenced in paragraph 197 for their contents, and
aver that no further response to paragraph 197 is required.
198. Refer to the documents referenced in paragraph 198 for their contents, and
aver that no further response to paragraph 198 is required.
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199. Refer to the documents referenced in paragraph 199 for their contents, and
aver that no further response to paragraph 199 is required.
200. Refer to the documents referenced in paragraph 200 for their contents, and
aver that no further response to paragraph 200 is required.
E (i): The Report Concludes That the EPBA has Standing
201. Refer to the documents referenced in paragraph 201 for their contents, and
aver that no further response to paragraph 201 is required.
202. Refer to the documents referenced in paragraph 202 for their contents, and
aver that no further response to paragraph 202 is required.
203. Refer to the documents referenced in paragraph 203 for their contents, and
aver that no further response to paragraph 203 is required.
204. Refer to the documents referenced in paragraph 204 for their contents, and
aver that no further response to paragraph 204 is required.
205. Refer to the documents referenced in paragraph 205 for their contents, and
aver that no further response to paragraph 205 is required.
206. Refer to the documents referenced in paragraph 206 for their contents, and
aver that no further response to paragraph 206 is required.
207. Refer to the documents referenced in paragraph 207 for their contents, and
aver that no further response to paragraph 207 is required.
208. Refer to the documents referenced in paragraph 208 for their contents, and
aver that no further response to paragraph 208 is required.
209. Refer to the documents referenced in paragraph 209 for their contents, and
aver that no further response to paragraph 209 is required.
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210. Refer to the documents referenced in paragraph 210 for their contents, and
aver that no further response to paragraph 210 is required.
211. Refer to the documents referenced in paragraph 211 for their contents, and
aver that no further response to paragraph 211 is required.
212. Refer to the documents referenced in paragraph 212 for their contents, and
aver that no further response to paragraph 212 is required.
E (ii) Report Concludes Respondents Not Substantially Equivalent
213. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 213, and refer to the documents referenced therein for their contents.
214. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 214, and refer to the documents referenced therein for their contents.
215. Deny knowledge or information sufficient to admit or deny the allegations
in paragraph 215, and refer to the documents referenced therein for their contents.
216. Refer to the documents referenced in paragraph 216 for their contents, and
aver that no further response to paragraph 216 is required.
217. Refer to the documents referenced in paragraph 217 for their contents, and
aver that no further response to paragraph 217 is required.
218. Refer to the documents referenced in paragraph 218 for their contents, and
aver that no further response to paragraph 218 is required.
219. Refer to the documents referenced in paragraph 219 for their contents, and
aver that no further response to paragraph 219 is required.
220. Refer to the documents referenced in paragraph 220 for their contents, and
aver that no further response to paragraph 220 is required.
21
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221. Refer to the documents referenced in paragraph 221 for their contents, and
aver that no further response to paragraph 221 is required.
222. Refer to the documents referenced in paragraph 222 for their contents, and
aver that no further response to paragraph 222 is required.
223. Refer to the documents referenced in paragraph 223 for their contents, and
aver that no further response to paragraph 223 is required.
224. Refer to the documents referenced in paragraph 224 for their contents, and
aver that no further response to paragraph 224 is required.
225. Refer to the documents referenced in paragraph 225 for their contents, and
aver that no further response to paragraph 225 is required.
226. Refer to the documents referenced in paragraph 226 for their contents, and
aver that no further response to paragraph 226 is required.
227. Refer to the documents referenced in paragraph 227 for their contents, and
aver that no further response to paragraph 227 is required.
228. Refer to the documents referenced in paragraph 228 for their contents, and
aver that no further response to paragraph 228 is required.
229. Refer to the documents referenced in paragraph 229 for their contents, and
aver that no further response to paragraph 229 is required.
230. Refer to the documents referenced in paragraph 230 for their contents, and
aver that no further response to paragraph 230 is required.
231. Refer to the documents referenced in paragraph 231 for their contents, and
aver that no further response to paragraph 231 is required.
22
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232. Refer to the documents referenced in paragraph 232 for their contents, and
aver that no further response to paragraph 232 is required.
233. Refer to the documents referenced in paragraph 233 for their contents, and
aver that no further response to paragraph 233 is required.
234. Refer to the documents referenced in paragraph 234 for their contents, and
aver that no further response to parag
Preview
FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 Exhibit A FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, [Proposed] ANSWER Petitioner, New York County For an Order and Declaratory Judgment Pursuant Index No.: 452305/23 to Article 78 and CPLR 3001 - against - NEW YORK CITY OFFICE OF COLLECTIVE BARGAINING, THE NEW YORK CITY BOARD OF COLLECTIVE BARGAINING, and THE NEW YORK CITY BOARD OF CERTIFICATION, Respondents. [Proposed] Intervenor District Council 37, American Federation of State, County and Municipal Employees (“DC37”) submits this [Proposed] Answer to the Verified Petition filed on September 12, 2023, by Petitioner New York State Public Employment Relations Board: 1. Aver that paragraph 1 contains a description of Petitioner’s claims to which no responsive pleading is required. 2. Aver that paragraph 2 contains a description of the relief that Petitioner seeks to which no responsive pleading is required. To the extent paragraph 2 contains factual allegations, denied. 3. Aver that paragraph 3 contains a description of the relief that Petitioner seeks to which no responsive pleading is required. To the extent paragraph 3 contains factual allegations, denied. 1 10021759.3 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 VENUE 4. Admit. RELATED PROCEEDINGS 5. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 5. THE PARTIES 6. Aver that paragraph 6 and its footnote sets forth legal conclusions to which no responsive pleading is required. Admit the final sentence of paragraph 6. 7. Admit, except state that DC37 reserves all rights to assert any claims arising out of PERB’s failure to name the OCB Director or any BOC or BCB members, and state further that the content of footnote 2 does not belong in a complaint, as it is more appropriately contained in a motion seeking the relief described in footnote 2. 8. Deny, and refer to the authority cited in paragraph 8 for its contents. 9. Aver that paragraph 9 sets forth conclusions of law to which no responsive pleading is required. 10. Aver that paragraph 10 sets forth conclusions of law to which no responsive pleading is required. 11. Deny. 12. Admit. PRELIMINARY STATEMENT 13. Refer to the authorities referenced in paragraph 13 for their contents, and aver that no further response to paragraph 13 is required. 14. Deny. 2 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 15. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 15. 16. Aver that paragraph 16 sets forth conclusions of law to which no responsive pleading is required. 17. Aver that paragraph 17 sets forth conclusions of law to which no responsive pleading is required. 18. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 18, refer to the documents referenced in paragraph 18 for their contents, and aver that no further response to paragraph 18 is required. 19. Aver that paragraph 19 sets forth conclusions of law to which no responsive pleading is required. 20. Aver that paragraph 20 sets forth conclusions of law to which no responsive pleading is required. 21. Aver that paragraph 21 sets forth conclusions of law to which no responsive pleading is required. 22. Aver that paragraph 22 sets forth conclusions of law to which no responsive pleading is required. 23. Refer to the authorities referenced in paragraph 23 for their contents, and aver that no further response to paragraph 23 is required. 24. Refer to the authorities referenced in paragraph 24 for their contents, and aver that no further response to paragraph 24 is required. 25. Aver that paragraph 25 sets forth conclusions of law to which no responsive pleading is required. 3 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 26. Aver that paragraph 26 sets forth conclusions of law to which no responsive pleading is required. 27. Aver that paragraph 27 sets forth conclusions of law to which no responsive pleading is required. 28. Deny. 29. Deny. 30. Refer to documents referenced in paragraph 30 for their contents, and aver that no further response to paragraph 30 is required. 31. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 31. 32. Aver that paragraph 32 contains a description of the relief sought by Petitioner to which no responsive pleading is required. STATEMENT OF FACTS 33. Aver that paragraph 33 summarizes the Petition, and that no response is required. A. Statutory Framework and Rules A (i): Taylor Law and NYCCBL 34. Aver that paragraph 34 sets forth conclusions of law to which no responsive pleading is required. 35. Aver that paragraph 35 sets forth conclusions of law to which no responsive pleading is required. 36. Aver that paragraph 36 sets forth conclusions of law to which no responsive pleading is required. 37. Admit. 4 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 38. Aver that paragraph 38 sets forth conclusions of law to which no responsive pleading is required. 39. Aver that paragraph 39 sets forth conclusions of law to which no responsive pleading is required. 40. Aver that paragraph 40 sets forth conclusions of law to which no responsive pleading is required. 41. Aver that paragraph 41 sets forth conclusions of law to which no responsive pleading is required. A (ii): Substantial Equivalence: PERB and Mini-PERBs 42. Aver that paragraph 42 sets forth conclusions of law to which no responsive pleading is required. 43. Aver that paragraph 43 sets forth conclusions of law to which no responsive pleading is required. 44. Aver that paragraph 44 purports to quote the statute cited therein, and aver that no further response is required. 45. Aver that paragraph 45 purports to quote the statute cited therein, and aver that no further response is required. 46. Aver that paragraph 46 sets forth conclusions of law to which no responsive pleading is required. 47. Aver that paragraph 47 sets forth conclusions of law to which no responsive pleading is required. 48. Aver that paragraph 48 sets forth conclusions of law to which no responsive pleading is required. 5 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 A (iii): PERB Rules Regarding Substantial Equivalence 49. Aver that paragraph 49 sets forth conclusions of law to which no responsive pleading is required. 50. Aver that paragraph 50 sets forth conclusions of law to which no responsive pleading is required. 51. Refer to the authorities referenced in paragraph 51 for their contents, and aver that no further response to paragraph 51 is required. 52. Aver that paragraph 52 purports to quote the rule cited therein, and that no response is required. 53. Aver that paragraph 53 purports to quote the rule cited therein, and that no response is required. 54. Refer to the documents referenced in paragraph 54 for their contents, and aver that no further response to paragraph 54 is required. 55. Refer to the documents referenced in paragraph 55 for their contents, and aver that no further response to paragraph 55 is required. A (iv): Contract Bar Rule 56. Aver that paragraph 56 sets forth conclusions of law to which no responsive pleading is required. 57. Refer to the statutes cited in paragraph 57 for their contents, and aver that no further response is required. 58. Refer to the authorities referenced in paragraph 58 for their contents, and aver that no further response to paragraph 58 is required. 59. Aver that paragraph 59 sets forth conclusions of law to which no responsive pleading is required. 6 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 60. Refer to the authorities referenced in paragraph 60 for their contents, and aver that no further response to paragraph 60 is required. 61. Aver that paragraph 61 purports to quote the rule cited therein, and aver that no further response is required. 62. Aver that paragraph 62 sets forth conclusions of law to which no responsive pleading is required. 63. Aver that paragraph 63 purports to quote the rule cited therein, and aver that no further response is required. 64. Aver that paragraph 64 purports to quote the case cited therein, and aver that no further response is required. 65. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 65, except refer to documents and authorities referenced in paragraph 65 for their contents. 66. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 66. 67. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 67. 68. Aver that paragraph 68 sets forth conclusions of law to which no responsive pleading is required. 69. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 69. 70. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 70. 7 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 71. Aver that paragraph 71 sets forth conclusions of law to which no responsive pleading is required. B. Application of the OCB Contract Bar Rule Prompting Request That Petitioner PERB Investigate Respondents for Substantial Equivalence 72. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 72, and refer to the documents referenced therein for their contents. 73. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 73, and refer to the documents referenced therein for their contents. 74. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 74. 75. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 75, and refer to the documents referenced therein for their contents. 76. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 76, and refer to the documents and authorities referenced therein for their contents. B (i): LEEBA’s History as the Representative of EPOs 77. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 77. 78. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 78, and refer to the documents and authorities referenced therein for their contents. 79. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 79. 80. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 80. 8 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 81. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 81. 82. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 82. 83. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 83. 84. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 84. 85. Aver that paragraph 85 sets forth conclusions of law to which no responsive pleading is required. 86. Aver that paragraph 86 sets forth conclusions of law to which no responsive pleading is required. B (ii): First Attempt to Decertify LEEBA as Representative of EPOs 87. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 87. B (ii) (a): SBA Decertification Petition 88. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 88. 89. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 89. 90. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 90. 91. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 91, and refer to the documents referenced therein for their contents. 9 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 B (ii) (b): Respondents’ Denial of the SBA Decertification Petition 92. Refer to the documents referenced in paragraph 92 for their contents, and aver that no further response is required. 93. Aver that paragraph 93 sets forth conclusions of law to which no responsive pleading is required. 94. Refer to the document referenced in paragraph 94 for its contents, and aver that no further response is required. 95. Refer to the document referenced in paragraph 95 for its contents, and aver that no further response is required. B (ii) (c): SBA Article 78 Action 96. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 96, and refer to the documents referenced therein for their contents. 97. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 97. 98. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 98. 99. Refer to the documents referenced in paragraph 99 for their contents, and aver that no further response is required. 100. Refer to the documents referenced in paragraph 100 for its contents, and aver that no further response is required. 101. Refer to the documents referenced in paragraph 101 for their contents, and aver that no further response is required. 102. Refer to the documents referenced in paragraph 102 for their contents, and aver that no further response is required. 10 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 103. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 103. B (iii): Second Attempt to Decertify LEEBA as Representative of EPOs B (iii) (a): EPBA Decertification Petition 104. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 104, and refer to the documents referenced therein for their contents. 105. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 105, and refer to the documents referenced therein for their contents. 106. Aver that paragraph 106 sets forth legal arguments to which no responsive pleading is required, and refer to the documents referenced therein for their contents. 107. Aver that paragraph 107 sets forth legal arguments to which no responsive pleading is required, and refer to the documents referenced therein for their contents. 108. Aver that paragraph 108 sets forth legal arguments to which no responsive pleading is required, and refer to the documents referenced therein for their contents. 109. Aver that paragraph 109 sets forth legal arguments to which no responsive pleading is required, and refer to the documents referenced therein for their contents. 110. Aver that paragraph 110 sets forth legal conclusions to which no responsive pleading is required. B (iii) (b): OCB Dismissal Letter 111. Refer to the documents referenced in paragraph 111 for their contents, and aver that no further response to paragraph 111 is required. 112. Aver that paragraph 112 sets forth legal arguments to which no responsive pleading is required, and refer to the documents referenced therein for their contents. 11 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 113. Refer to the documents referenced in paragraph 113 for their contents, and aver that no further response to paragraph 113 is required. 114. Refer to the documents referenced in paragraph 114 for their contents, and aver that no further response to paragraph 114 is required. 115. Admit. C. The EPBA Implementation Petition Filed With Petitioner PERB 116. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 116, and refer to the documents referenced therein for their contents. 117. Refer to the documents referenced in paragraph 117 for their contents, and aver that no further response to paragraph 117 is required. 118. Refer to the documents referenced in paragraph 118 for their contents, and aver that no further response to paragraph 118 is required. 119. Refer to the documents referenced in paragraph 119 for their contents, and aver that no further response to paragraph 119 is required. 120. Refer to the documents referenced in paragraph 120 for their contents, and aver that no further response to paragraph 120 is required. 121. Refer to the documents referenced in paragraph 121 for their contents, and aver that no further response to paragraph 121 is required. 122. Refer to the documents referenced in paragraph 122 for their contents, and aver that no further response to paragraph 122 is required. 123. Refer to the documents referenced in paragraph 123 for their contents, and aver that no further response to paragraph 123 is required. 124. Refer to the documents referenced in paragraph 124 for their contents, and aver that no further response to paragraph 124 is required. 12 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 D. Petitioner PERB’s Implementation Investigation 125. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 125, and refer to the documents referenced therein for their contents. D (i): Conference 126. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 126, and refer to the documents referenced therein for their contents. 127. Refer to the documents referenced in paragraph 127 for their contents, and aver that no further response to paragraph 127 is required. 128. Refer to the documents referenced in paragraph 128 for their contents, and aver that no further response to paragraph 128 is required. 129. Refer to the documents referenced in paragraph 129 for their contents, and aver that no further response to paragraph 129 is required. 130. Refer to the documents referenced in paragraph 130 for their contents, and aver that no further response to paragraph 130 is required. 131. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 131, and refer to the documents referenced therein for their contents. 132. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 132, and refer to the documents referenced therein for their contents. 133. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 133, and refer to the documents referenced therein for their contents. 134. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 134, and refer to the documents referenced therein for their contents. 135. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 135, and refer to the documents referenced therein for their contents. 13 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 136. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 136, and refer to the documents referenced therein for their contents. 137. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 137, and refer to the documents referenced therein for their contents. 138. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 138, and refer to the documents referenced therein for their contents. D (ii): LEEBA Response to EPBA Implementation Petition 139. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 139, and refer to the documents referenced therein for their contents. 140. Refer to the documents referenced in paragraph 140 for their contents, and aver that no further response to paragraph 140 is required. 141. Refer to the documents referenced in paragraph 141 for their contents, and aver that no further response to paragraph 141 is required. 142. Refer to the documents referenced in paragraph 142 for their contents, and aver that no further response to paragraph 142 is required. 143. Refer to the documents referenced in paragraph 143 for their contents, and aver that no further response to paragraph 143 is required. To the extent paragraph 143 makes factual allegations, deny knowledge or information sufficient to admit or deny those factual allegations. D (iii): Respondents’ Motion to Dismiss 144. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 144, and refer to the documents referenced therein for their contents. 145. Refer to the documents referenced in paragraph 145 for their contents, and aver that no further response to paragraph 145 is required. 14 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 146. Refer to the documents referenced in paragraph 146 for their contents, and aver that no further response to paragraph 146 is required. D (iii) (a): OCB Motion to Dismiss on Standing 147. Refer to the documents referenced in paragraph 147 for their contents, and aver that no further response to paragraph 147 is required. 148. Refer to the documents referenced in paragraph 148 for their contents, and aver that no further response to paragraph 148 is required. 149. Refer to the documents referenced in paragraph 149 for their contents, and aver that no further response to paragraph 149 is required. 150. Refer to the documents referenced in paragraph 150 for their contents, and aver that no further response to paragraph 150 is required. 151. Refer to the documents referenced in paragraph 151 for their contents, and aver that no further response to paragraph 151 is required. 152. Refer to the documents referenced in paragraph 152 for their contents, and aver that no further response to paragraph 152 is required. 153. Refer to the documents referenced in paragraph 153 for their contents, and aver that no further response to paragraph 153 is required. 154. Refer to the documents referenced in paragraph 154 for their contents, and aver that no further response to paragraph 154 is required. 155. Refer to the documents referenced in paragraph 155 for their contents, and aver that no further response to paragraph 155 is required. 156. Refer to the documents referenced in paragraph 156 for their contents, and aver that no further response to paragraph 156 is required. 15 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 157. Refer to the documents referenced in paragraph 157 for their contents, and aver that no further response to paragraph 157 is required. D (iii) (b): OCB Motion to Dismiss on the Merits 158. Refer to the documents referenced in paragraph 158 for their contents, and aver that no further response to paragraph 158 is required. 159. Refer to the documents referenced in paragraph 159 for their contents, and aver that no further response to paragraph 159 is required. 160. Refer to the documents referenced in paragraph 160 for their contents, and aver that no further response to paragraph 160 is required. 161. Refer to the documents referenced in paragraph 161 for their contents, and aver that no further response to paragraph 161 is required. 162. Aver that paragraph 162 sets forth legal conclusions to which no responsive pleading is required; further, DC37 refers to the “cases” referred to in paragraph 162 for their contents, and avers that no further response to paragraph 162 is required. 163. Refer to the documents referenced in paragraph 163 for their contents, and aver that no further response to paragraph 163 is required. 164. Refer to the documents referenced in paragraph 164 for their contents, and aver that no further response to paragraph 164 is required. 165. Refer to the documents referenced in paragraph 165 for their contents, and aver that no further response to paragraph 165 is required. 166. Aver that paragraph 166 sets forth legal conclusions to which no responsive pleading is required, refer to the documents referenced therein for their contents, and aver that no further response is required. 16 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 167. Aver that paragraph 167 sets forth legal conclusions to which no responsive pleading is required, refer to the documents referenced therein for their contents, and aver that no further response is required. 168. Refer to the documents referenced in paragraph 168 for their contents, and aver that no further response to paragraph 168 is required. 169. Refer to the documents referenced in paragraph 169 for their contents, and aver that no further response to paragraph 160 is required. 170. Refer to the documents referenced in paragraph 170 for their contents, and aver that no further response to paragraph 170 is required. 171. Refer to the documents referenced in paragraph 171 for their contents, and aver that no further response to paragraph 171 is required. 172. Refer to the documents referenced in paragraph 172 for their contents, and aver that no further response to paragraph 172 is required; to the extent a response is required, deny. 173. Refer to the documents referenced in paragraph 173 for their contents, and aver that no further response to paragraph 173 is required. 174. Refer to the documents referenced in paragraph 174 for their contents, and aver that no further response to paragraph 174 is required. 175. Refer to the documents referenced in paragraph 175 for their contents, and aver that no further response to paragraph 175 is required. 176. Refer to the documents referenced in paragraph 176 for their contents, and aver that no further response to paragraph 176 is required. 17 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 177. Refer to the documents referenced in paragraph 177 for their contents, and aver that no further response to paragraph 177 is required. D (iv): The EPBA Response to the OCB Motion to Dismiss 178. Refer to the documents referenced in paragraph 178 for their contents, and aver that no further response to paragraph 178 is required. 179. Refer to the documents referenced in paragraph 179 for their contents, and aver that no further response to paragraph 179 is required. D (iv) (a): EPBA Response on Standing 180. Refer to the documents referenced in paragraph 180 for their contents, and aver that no further response to paragraph 180 is required. 181. Refer to the documents referenced in paragraph 181 for their contents, and aver that no further response to paragraph 181 is required. 182. Refer to the documents referenced in paragraph 182 for their contents, and aver that no further response to paragraph 182 is required. 183. Refer to the documents referenced in paragraph 183 for their contents, and aver that no further response to paragraph 183 is required. 184. Refer to the documents referenced in paragraph 184 for their contents, and aver that no further response to paragraph 184 is required. 185. Refer to the documents referenced in paragraph 185 for their contents, and aver that no further response to paragraph 185 is required. 186. Refer to the documents referenced in paragraph 186 for their contents, and aver that no further response to paragraph 186 is required. 187. Refer to the documents referenced in paragraph 187 for their contents, and aver that no further response to paragraph 187 is required. 18 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 D (iv) (b): EPBA Response on the Merits 188. Refer to the documents referenced in paragraph 188 for their contents, and aver that no further response to paragraph 188 is required. 189. Aver that paragraph 189 sets forth legal conclusions to which no responsive pleading is required. 190. Refer to the documents referenced in paragraph 190 for their contents, and aver that no further response to paragraph 190 is required. 191. Refer to the documents referenced in paragraph 191 for their contents, and aver that no further response to paragraph 191 is required. 192. Refer to the documents referenced in paragraph 192 for their contents, and aver that no further response to paragraph 192 is required. 193. Refer to the documents referenced in paragraph 193 for their contents, and aver that no further response to paragraph 193 is required. 194. Refer to the documents referenced in paragraph 194 for their contents, and aver that no further response to paragraph 194 is required. E. PERB Office of Counsel Implementation Investigation Report 195. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 195, and refer to the documents referenced therein for their contents. 196. Refer to the documents referenced in paragraph 196 for their contents, and aver that no further response to paragraph 196 is required. 197. Refer to the documents referenced in paragraph 197 for their contents, and aver that no further response to paragraph 197 is required. 198. Refer to the documents referenced in paragraph 198 for their contents, and aver that no further response to paragraph 198 is required. 19 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 199. Refer to the documents referenced in paragraph 199 for their contents, and aver that no further response to paragraph 199 is required. 200. Refer to the documents referenced in paragraph 200 for their contents, and aver that no further response to paragraph 200 is required. E (i): The Report Concludes That the EPBA has Standing 201. Refer to the documents referenced in paragraph 201 for their contents, and aver that no further response to paragraph 201 is required. 202. Refer to the documents referenced in paragraph 202 for their contents, and aver that no further response to paragraph 202 is required. 203. Refer to the documents referenced in paragraph 203 for their contents, and aver that no further response to paragraph 203 is required. 204. Refer to the documents referenced in paragraph 204 for their contents, and aver that no further response to paragraph 204 is required. 205. Refer to the documents referenced in paragraph 205 for their contents, and aver that no further response to paragraph 205 is required. 206. Refer to the documents referenced in paragraph 206 for their contents, and aver that no further response to paragraph 206 is required. 207. Refer to the documents referenced in paragraph 207 for their contents, and aver that no further response to paragraph 207 is required. 208. Refer to the documents referenced in paragraph 208 for their contents, and aver that no further response to paragraph 208 is required. 209. Refer to the documents referenced in paragraph 209 for their contents, and aver that no further response to paragraph 209 is required. 20 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 210. Refer to the documents referenced in paragraph 210 for their contents, and aver that no further response to paragraph 210 is required. 211. Refer to the documents referenced in paragraph 211 for their contents, and aver that no further response to paragraph 211 is required. 212. Refer to the documents referenced in paragraph 212 for their contents, and aver that no further response to paragraph 212 is required. E (ii) Report Concludes Respondents Not Substantially Equivalent 213. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 213, and refer to the documents referenced therein for their contents. 214. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 214, and refer to the documents referenced therein for their contents. 215. Deny knowledge or information sufficient to admit or deny the allegations in paragraph 215, and refer to the documents referenced therein for their contents. 216. Refer to the documents referenced in paragraph 216 for their contents, and aver that no further response to paragraph 216 is required. 217. Refer to the documents referenced in paragraph 217 for their contents, and aver that no further response to paragraph 217 is required. 218. Refer to the documents referenced in paragraph 218 for their contents, and aver that no further response to paragraph 218 is required. 219. Refer to the documents referenced in paragraph 219 for their contents, and aver that no further response to paragraph 219 is required. 220. Refer to the documents referenced in paragraph 220 for their contents, and aver that no further response to paragraph 220 is required. 21 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 221. Refer to the documents referenced in paragraph 221 for their contents, and aver that no further response to paragraph 221 is required. 222. Refer to the documents referenced in paragraph 222 for their contents, and aver that no further response to paragraph 222 is required. 223. Refer to the documents referenced in paragraph 223 for their contents, and aver that no further response to paragraph 223 is required. 224. Refer to the documents referenced in paragraph 224 for their contents, and aver that no further response to paragraph 224 is required. 225. Refer to the documents referenced in paragraph 225 for their contents, and aver that no further response to paragraph 225 is required. 226. Refer to the documents referenced in paragraph 226 for their contents, and aver that no further response to paragraph 226 is required. 227. Refer to the documents referenced in paragraph 227 for their contents, and aver that no further response to paragraph 227 is required. 228. Refer to the documents referenced in paragraph 228 for their contents, and aver that no further response to paragraph 228 is required. 229. Refer to the documents referenced in paragraph 229 for their contents, and aver that no further response to paragraph 229 is required. 230. Refer to the documents referenced in paragraph 230 for their contents, and aver that no further response to paragraph 230 is required. 231. Refer to the documents referenced in paragraph 231 for their contents, and aver that no further response to paragraph 231 is required. 22 FILED: NEW YORK COUNTY CLERK 01/19/2024 02:35 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/19/2024 232. Refer to the documents referenced in paragraph 232 for their contents, and aver that no further response to paragraph 232 is required. 233. Refer to the documents referenced in paragraph 233 for their contents, and aver that no further response to paragraph 233 is required. 234. Refer to the documents referenced in paragraph 234 for their contents, and aver that no further response to parag