Supreme Court Judge Rules Against NYC New Efforts to Supercede Local Control Over Migrant Transports

A second busload of asylum seekers arrived at the hotel in Orange Lake in May 2023 (photo: Bob McCormick)

Orange County - The ongoing legal battle between New York City and several counties outside of the city has been altered by New York County Supreme Court Judge Lyle Frank. New York City had filed a petition against several counties, including Dutchess, Orange, Rockland, Sullivan, Putnam, and Greene, that signed executive orders prohibiting NYC from relocating migrants to those jurisdictions.

The counties, in turn, filed motions seeking that the cases against them be heard in the respective counties that were blocking the relocation. The city sought to keep the cases there and argued against the change of venue.

Judge Frank has sided with several of the counties. In his decision on the motion, the judge ordered the cases to be transferred to the individual counties. The City argued that it would serve the judicial economy and convenience for itself to maintain the action in New York County. The city’s lawyers asserted that the migrant situation is based in the city and, therefore, the litigation should remain in New York County.

In moving the cases against Dutchess, Orange, Rockland, Putnam, and Greene Counties to those jurisdictions, the judge said “The Court does not find the City’s arguments persuasive. First, the material events giving rise to the litigation is not the influx of migrants arriving in New York City, the material events that give rise to this instant litigation are the issuance and enforcement of the Executive Orders issued by respondents. Moreover, the Court finds that the City has failed to establish any compelling circumstances as to warrant that venue remain in New York County.”

The judge dismissed the motion against Sullivan County because its executive order prohibiting the migrants from being placed there had expired prior to the motion.

The New York County Clerk began transferring the cases to the respective counties on Monday. State Supreme Court Justices for those cases have not yet been assigned.

Source: Mid-Hudson News