SUPREME COURT OF THE STATE OF NEW YORK

COUNTY-OF ALBANY

In the Matter ofthe Application of

DANNY DONOHUE, as President of the Civil Service
Employees Association, Inc., Local 1000, AFSCME,
AFL-CIO; and CIVIL SERVICE EMPLOYEES
ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL- STIPULATION OF
CIO, DISMISSAL AND
Petitioners JUDGMENT

For a Judgment Pursuant to Article 78 Index No. 1237-10

of the Civil Practice Law and Rules
March 26,2010
-against- (Hon. , J.)

DAVID A. PATERSON, as Governor ofthe State of New

York; STATE OF NEW YORK; DIANA JONES
RITTER, as Commissioner of the Office of Mental
Retardation and Developmental Disabilities; OFFICE OF
MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES; MICHAEL F. HOGAN, as
Commissioner of the Office of Mental Health; OFFICE
OF MENTAL HEALTH; NANCY G. GROENWEGEN,
as Commissioner ofthe Department of Civil Service; and
DEPARTMENT OF CIVIL SERVICE,

Respondents

IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the

attorneys for Petitioners Danny Donohue as President of the Civil Service Association, Inc., Local

1000 and the Civil Service Association, Inc, Local 1000, and Respondents David A. Paterson, State

of New York, Diana Jones Ritter, NYS Office of Mental Retardation and Developmental

Disabilities, Michael F. Hogan, NYS Office of Mental Health, Nancy G. Groenwegen, and NYS

Department of Civil Service, parties to the above-entitled action, that, whereas no party hereto is an

infant or incompetent person for whom a committee has been appointed, and no person not a party

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has an interest in the subject matter of the proceeding, the above-entitled action be and the same

hereby is dismissed on the particular circumstances of this case, in conformity with the agreement

attached hereto.

Dated: Albany, New York

March 19,2010
ANDREW M. CUOMO
Attorney General of the State of New York
Attorney for Respondents
The Capitol
an ,Ne

Robert A. Siegfri
Assistant Attorn General, of Counsel
Telephone: (518) 473-5097
Fax: (518) 473-1572 (Not for service of papers)

NANCY E. HOFFMAN
Attorneys for Petitioners
~ 2.-c::.--_
Timothy Connick, Esq., of counsel
Civil Service Employees Association, Inc.
143 Washington Avenue
Albany, New York 12224
(518) 257-1443

ORDERED that this proceeding is hereby dismissed pursuant to the attached agreement

between the parties, incorporated by reference herein, and judgment be entered accordingly.

Dated: Albany, New York

Marcht9-,2010
~

HON..~\.t ~ .So-.s..v.&"\v
Justice of the Supreme Court

Printed [Reproduced] on Recycled Paper 2

 STIPULA TION OF SETTLEMENT
in DONOHUE et 01 v. PATERSON et all Index No. 1237-10

It is hereby stipulated and agreed by and between the parties in the above action that:

1. Respondents are enjoined, up to and through December 31, 2010, from effectuating any
personnel layoffs, involuntary displacements or involuntary substantial reductions of hours by reason of the
implementation of a reduction in-force plan at Bernard Fineson Developmental Disabilities Services Office
("the reduction-in-force plan"); and

2. Nothing in this Stipulation shall alter or affect any personnel actions taken by the
Respondents prior to the date of the filing of th is action, except that any notifications of layoffs sent on or
after January 21,2010, by reason ofthe reduction in-force plan shall be rescinded, and nothing in this
Stipulation shall prevent voluntary transfers permitted by law, involuntary transfers pursuant to section 70.2
of the Civil Service Law, or reassignments permitted by law and collective bargaining agreement; and

3. The parties are to bear their own fees and costs; and

4. This Stipulation does not constitute a determination of, or admission by, any party to any
underlying allegations, facts or the merits of their respective positions, this Stipulation is limited to the
circumstances in this case alone and shall not be given effect beyond the specific provisions stipulated-to,
and this Stipulation does not form and shall not be claimed as any precedent for or an agreement by the
parties to any generally applicable policy or procedure in any future action or proceeding; and

5. The foregoing constitutes the entire agreement of the parties hereto; and

6. All remaining claims for relief by the Petitioners are hereby withdrawn with prejudice.

For the Petitioners: For the Respondents:

NANCEY E. HOFFMAN MICHAEL N. VOLFORTE
General Counsel Acting General Counsel
Civil Service Employees Association, Inc. Governor'~pffice of Employee Relations

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Timothy Connick, Esq., of counsel

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