Filed Lawsuit - Onondaga County Vs NYC

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO.
INDEX NO. UNASSIGNED

NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/22/2023
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA
______________________________________________
In the Matter of the Application of THE COUNTY OF Index No.

ONONDAGA, and KATHYRN ANDERSON, MD, PhD,
MSPH, in her official capacity as Commissioner of the
Onondaga County Department of Health,
PETITION AND
Petitioners-Plaintiffs, COMPLAINT
-against-
THE CITY OF NEW YORK, ERIC ADAMS, in his

capacity as Mayor of the City of New York, and
MOLLY WASOW PARK, in her capacity as
Commissioner of the New York City Department of
Social Services and CWP SYRACUSE I LLC,
d/b/a Candlewood Suites Syracuse-Airport,
Respondents-Defendants,
For a Judgment pursuant to Article 78 and for a

Declaratory Judgment under Article 30 of the Civil
Practice Law and Rules.
______________________________________________
Petitioners-Plaintiffs THE COUNTY OF ONONDAGA and KATHYRN ANDERSON,
MD, PhD, MSPH, in her capacity as Commissioner of the Onondaga County Department of
Health, (collectively "the County") by their attorney, John A. Sickinger, Senior Deputy County
Attorney, as and for its Petition and Complaint, upon information belief, alleges as follows:
NATURE OF PROCEEDING
1. The County brings this combined Article 78 special proceeding/action to enjoin the
Respondents from establishing an unregulated homeless shelter within the County of Onondaga
by transporting and/or housing of hundreds, and possibly more, individuals experiencing
This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by the County Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk. 1 of 17
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO. UNASSIGNED
homelessness, who currently reside at a temporary shelter in New York City, (the "Proposed
Transfer"), to a proposed temporary shelter at the Respondent Candlewood Suites Syracuse-
Airport located at 5414 South Bay Road, North Syracuse, New York, ("Candlewood").
2. Respondents-Defendants City of New York, Eric Adams, Molly Wasow Park, and
the New York City Department of Social Services’ (collectively the "City Respondents") decision
for the Proposed Transfer exceeds their legal authority because the City Respondents only have
authority to operate and create temporary shelters for adults within the five boroughs of New York
City.
3. The City Respondents may not operate the Candlewood as a temporary shelter for
adults, and implement the Proposed Transfer, under the purported emergency powers of
Respondent-Defendant Adams pursuant to his Emergency Executive Order No. 398, issued May
5, 2023 ("EO 398").
4. Mayor Adams' enactment of EO 398 was part of a fundamentally flawed process
and exceeded the scope of the Mayor's authority under Executive Order No. 224, issued October
7, 2022 ("EO 224"), as extended by subsequent orders up to and including Executive Order No.
374 issued April 5, 2023 ("EO 374"). These Executive Orders purported to suspend various laws
and rules applying to the siting, construction, and operations of "Humanitarian Emergency
Response and Relief Centers," or "HERRCs," and suspended various sections of the New York
City Charter, the New York City Administrative Code, and the Rules of the City of New York
relating thereto. It provided no legal authority for the City to act outside of its jurisdictional
borders, nor could it.
5. The City's use of EO 398 to effectuate the Proposed Transfer is clearly ultra vires,
as it is based upon "the arrival of thousands of individuals seeking asylum, first declared in [EO
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224]," not, as New York Executive Law § 24 requires, to protect the public health in "the event of
a disaster, rioting, catastrophe, or similar public emergency within the territorial limits of the
[City]" and upon any "finding of the chief executive thereof that the public safety is imperiled
thereby."
6. The Court should annul these determinations and enjoin the Proposed Transfer, and
to the extent any transfers have already occurred, enjoin further transfers, as they exceed the
Mayor's authority under the limited scope of EO 224 and violate New York Executive Law§ 24.
7. Petitioners-Plaintiffs oppose the City Respondents' illegal and misguided attempts
to manage their responsibilities within their borders by transferring them onto the County, which
is already handling its responsibilities to its own citizens, with no planning whatsoever and without
following the rules in place for managing such issues.
8. Onondaga County was informed of the pending transfer on or about May 20, 2023.
On May 21, 2023, an online news article published on Syracuse.com, entitled “NYC to send first
bus of migrants to Onondaga County, town official says,” indicated that the City of New York
planned to make the aforementioned transfer of individuals experiencing homelessness.
9. The Proposed Transfer would, overnight, unmanageably increase the County's
homeless population, with no planning, no coordination, and no funding in place to support this
population in the long term, who are unlikely to be either returned to the City or other locations in
the medium or short-term. The City has not provided basic information about these individuals
from County officials: who are they, what is their immunization status, do they have criminal
backgrounds?
10. Moreover, aside from its dramatic impact on the County's already strained social
services system, the Proposed Transfer will likely create its own public health impacts by
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uprooting a now stable homeless population of hundreds of homeless individuals and moving them
to Onondaga County, all with no viable plan going forward.
11. Petitioners-Plaintiffs are in no way asserting that these particular individuals are
problematic, but rather it is the actions of the City of New York and its reckless disregard for the
rules that govern this state, as well as its poor treatment of its co-equal municipalities, that is at
issue, deeply problematic, and illegal.
12. Accordingly, the City Respondents determinations to implement the Proposed
Transfer, and its actual implementation, were made in excess of its lawful authority and "in
violation of lawful procedure, [were] affected by an error of law [and were] arbitrary and
capricious or an abuse of discretion." CPLR § 7803(3). The Court should annul these decisions
and preliminarily and permanently enjoin the Proposed Transfer, and any further transfers to the
extent transfers have already taken place.
13. Similarly, Candlewood should be temporarily and permanently enjoined from
accepting any homeless individuals from the City Respondents under the Proposed Transfer plan,
as the underlying Proposed Transfer plan is ultra vires.
PARTIES
14. Petitioner-Plaintiff COUNTY OF ONONDAGA is a municipal corporation duly
formed by the laws of the State of New York, with a principal office in Onondaga County, New
York.
15. Petitioner-Plaintiff KATHRN ANDERSON, MD PhD, MSPH, is the Onondaga
County Commissioner of Health.
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16. Respondent-Defendant CITY OF NEW YORK is a municipal corporation
organized and existing under the laws of the State of New York and is constituted as a social
services district under Social Services Law § 61(1).
17. Respondent-Defendant Mayor ERIC ADAMS is the Mayor of the City of New
York and chief executive officer of the City.
18. Respondent-Defendant MOLLY WASOW PARK is the Commissioner of the New
York City Department of Social Services, which oversees the City's Department of Homeless
Services and the social services district within the geographical boundaries of the City of New
York.
19. Respondent-Defendant CWP SYRACUSE I LLC, d/b/a Candlewood Suites
Syracuse-Airport is a foreign limited liability company and the owner of the premises, buildings,
and improvements at the real property at 5414 South Bay Road, North Syracuse, New York 13212,
d/b/a Candlewood Suites Syracuse-Airport.
JURISDICTION AND VENUE
20. The Court has jurisdiction over this matter pursuant to CPLR § 7803(3) because
Respondents-Defendants made decisions in excess of their lawful authority and "in violation of
lawful procedure, ... affected by an error of law ... [and] arbitrary and capricious [and] an abuse of
discretion."
21. Venue is proper in Onondaga County pursuant to CPLR § 506(b), because it is the
County where Petitioners-Plaintiffs conduct business, where the real property subject to the
allegations and claims alleged in the petition and complaint are located, and where the
consequences of the actions of the Respondents-Defendants are taking place.
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22. Petitioners-Plaintiffs have standing to bring the claims asserted here as they are
representatives of the public within the geographical boundaries of the County of Onondaga
directly and adversely affected by Respondents-Defendants derogation of the law resulting from
the planned use of the Candlewood property as a temporary homeless shelter for adults, including
impacts to health, safety, and increased social services burden the Petitioners-Plaintiffs will be
required to bear by law.
23. The Petitioners-Plaintiffs are further directly injured by the Respondents-
Defendants violation of Onondaga County Local Emergency Order No. 1 of 2023, which was
wholly ignored by the Respondents-Defendants, and have standing to enforce its own executive
orders.
STATUTORY BASIS FOR AUTHORITY
24. Article XVII,§ 1 of the New York State Constitution provides that "[t]he aid, care
and support of the needy are public concerns and shall be provided by the state and by such of its
subdivisions, and in such a manner and by such means, as the legislature may from time to time
determine.”
25. Social Services Law § 62 provides, subject to certain exceptions, "each public
welfare district shall be responsible for the assistance and care of any person who resides or is
found in its territory and who is in need of public assistance and care which he is unable to provide
for himself.”
FACTS
26. In a press release dated May 5, 2023, Respondent-Defendant Adams announced a
"program to provide shelter option for asylum seekers already in care in nearby New York
Counties."
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27. In the press release, Adams highlighted that the program would provide up to "four
months of temporary sheltering in nearby New York counties" to "single-adult men seeking
asylum who are already in the city's care." The release continued that staff at "participating hotels
will also connect asylum seekers with community-based organizations and faith groups to support
their transition to a new city." The release described the program as providing "asylum seekers
with temporary housing, access to services, and connections to local communities as they build a
stable life in New York State."
28. In short, the City was clearly describing its plan to create a dedicated homeless
shelter system for asylum seekers in counties outside its jurisdiction.
A. The City of New York Establishes an Illegal Homeless Shelter in Onondaga
County
29. Though not identified in that press release, on May 5, 2023, County officials
subsequently became aware that the City planned to create such a temporary homeless shelter at
Respondent Candlewood, with the proposed bussing of migrants, which is within the geographical
boundaries of the County of Onondaga. The City Respondents purpose in doing so was to
expressly increase New York City homeless shelter capacity.
30. On May 18, 2023, Onondaga County Executive J. Ryan McMahon II issued Local
Emergency Order No. 1 of 2023 (the "Executive Order"), under his authority pursuant to Onondaga
County Charter and New York Executive Law, which stated inter alia, "all hotels, motels and/or
any facilities allowing short term rentals do not accept said migrants and/or asylum seekers for
housing within Onondaga County."
31. The Executive Order noted that the County had learned the City, contrary to its
published statements, intended to send hundreds of migrants to its illegal temporary homeless
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shelter in Onondaga County, that the care of these individuals would only be temporarily funded
by the City, that, at the conclusion of that funding period, would be unlikely to leave Onondaga
County and become a County responsibility, and that potentially thousands of homeless
individuals being transported to Onondaga County would imperil public health and safety not only
for the migrants and/or asylum seekers, but also the general public.
32. Upon information and belief, the City has contractual arrangements to fill the
Candlewood with hundreds of homeless individuals, and in furtherance of this objective, upon
information and belief, Respondent CWP Syracuse I LLC d/b/a Candlewood Suites Syracuse-
Airport intends to and/or has converted itself completely from a hotel to a temporary homeless
shelter, in derogation of the zoning regulations for the area in which it is located.
33. Upon information and belief, the County expects to the City to house hundreds of
homeless individuals in the hotel, now homeless shelter, with likely additional locations of which
the County is presently unaware.
34. Presently, the County serves a homeless population of approximately 350
individuals, including families and single adults.
35. The City's Transfer Proposal provides funding for only four months and does not
support this population indefinitely into the future. Thus, at the conclusion of the four-month
funding period, it is reasonably expected these hundreds (perhaps thousands) of homeless will
become a County of Onondaga responsibility, for which the County lacks the resources to support
and far exceeds its present demands and infrastructure.
36. The City has not provided for basic information about the individuals to be housed
in the Candlewood, including names, dates of birth, legal status, immunization status, and criminal
background.
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37. Upon information and belief, the City and/or its contractual shelter operators are
arranging for bussing to take the homeless individuals into Onondaga County communities, all
without any information as to whether these individuals constitute a public safety or public health
risk.
38. Upon information and belief, the City Respondents have hired shelter operators to
run the shelter and hired shelter staff, mirroring in all but-name a homeless shelter.
39. Upon information and belief, the City Respondents have or intend to secure all hotel
rooms at the Candlewood, and limit occupancy to only homeless individuals, evincing the
operation of a homeless shelter as it is defined under the definitions and regulations applicable
thereto. Upon information and belief, current residents of the Candlewood are being evicted to
make room for the persons bussed in from New York City.
40. Upon information and belief, the City Respondents will be providing case
management, laundry services, and three meals per day at the Candlewood, none of which is
consistent with a hotel stay of a guest, at no cost. This is not an "emergency use hotel" but a
temporary homeless shelter.
41. In conducting themselves as aforementioned, Respondents-Defendants are seeking
to establish, and have established, a shelter outside the scope of Article 2-A of the Social Services
Law and New York State Office of Temporary Disability and Assistance licensure requirements,
which includes plan submission, notice requirements, and certifications under 18 NYCRR Parts
352, 491, and 900. These requirements cannot be waived by the City via executive order, and
certainly not in areas outside the jurisdiction of the City or its Mayor.
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42. The Respondents-Defendants have established a temporary homeless shelter
without the approval or licensure of the New York State Office of Temporary Disability and
Assistance.
B. The Court Should Enter a Preliminary Injunction While the Proceeding is
Pending
43. The purpose of a preliminary injunction is to maintain the status quo until a decision
can be reached on the merits of a case. Three factors govern the issuance of a preliminary
injunction: (i) a likelihood of success on the merits, (ii) the prospect of irreparable injury in the
absence of an injunction; and (iii) a balance of equities in the movant's favor. See CPLR § 6301.
44. First, for each of the reasons set forth herein, Petitioners have established a
likelihood of success on the merits.
45. Second, Petitioners establish irreparable harm because, absent a preliminary
injunction, the Proposed Transfer would have profound, and irreversible, effects on the residents
of Onondaga County.
46. Onondaga County's limited shelter resources are already strained. The County
simply cannot absorb hundreds, if not thousands, of individuals in need of housing, public services,
and medical care, which would greatly increase the current homeless population it is presently
supporting.
47. Under present regulation and administrative guidance from OTDA, a social
services district has the responsibility to (1) find appropriate placements for homeless individuals
and families, notwithstanding whether another district is fiscally responsible and (2) if an
individual leaves the out-of-district placement, the placing district is only responsible for
approximately the first two months of a new permanent placement. This means, if any of the
10
individuals placed by New York City leave the City's illegal shelter system, they will become a
County responsibility.
48. The Petitioners-Plaintiffs reasonably believe that after the proposed four-month
period, the homeless individuals housed in Onondaga County will not leave the County, and the
City will be under no obligation to continue to support these individuals who are no longer "their
problem."
49. Moreover, it is reasonably likely such individuals will naturally leave the placement
and not return, instead opting to live in the community without restriction. Thus, this population
will likely become a County responsibility for years, if not permanently.
50. Furthermore, the Candlewood lacks the infrastructure to support a permanent,
resident homeless population in need of comprehensive social services, particularly once the City's
temporary support is inevitably withdrawn.
51. Accordingly, in failing to follow application regulations and appropriate
procedures, the Respondents-Defendants will cause irreparable harm to the Petitioners-Plaintiffs,
both as residents and the residents that they represent, serve, and support in their official capacity.
52. Finally, a balancing of the equities favors granting preliminary injunctive relief to
Petitioners-Plaintiffs.
53. It would be inequitable, if not unconscionable, to allow the Proposed Transfer to
go forward, or continue to go forward beyond where it already has, where an ultimate decision
adverse to the Respondents-Defendants on the merits would force the further dislocation of the
homeless individuals placed illegally in the County.
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54. Moreover, the prejudice to Petitioners-Plaintiffs in allowing the Proposed Transfer
would be significant, likely permanently impacting both County government and communities
within the County and would render any ultimate relief in their favor ineffectual.
AS AND FOR A FIRST CAUSE OF ACTION
Respondents have Exceeded the Scope of their Legal Authority - Proposed Transfer
55. Petitioners-Plaintiffs repeat and re-alleged the previous paragraphs as if set forth
fully herein.
56. Respondents-Defendants cannot operate The Candlewood as a temporary shelter
for adults outside the geographical boundaries of the City.
57. As the proposed transfer and shelter is also in clear violation of Onondaga County
Local Emergency Order Number 1 of 2023, and the Respondents-Defendants lack any authority
to override a co-equal municipal directive, it is acting outside the scope of any cognizable legal
authority.
58. Respondents-Defendants efforts to implement the Proposed Transfer is in excess of
any legal authority.
59. Accordingly, the Court should annul and enjoin Respondents-Defendants'
determination to (i) open the Candlewood, and/or all other known, and unknown, locations, as
temporary homeless shelters outside the City of New York and (ii) implement the Proposed
Transfer.
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AS AND FOR A SECOND CAUSE OF ACTION
Respondents have Exceeded the Scope of their Legal Authority - Enactment of EO 398
fully herein.
61. Respondents-Defendants efforts to (i) open The Candlewood as a temporary shelter
for adults and (ii) implement the Proposed Transfer are in excess of any legal authority.
62. Respondents-Defendants have exceeded the scope of NYC EO 224 by the opening
of a temporary shelter for adults in the County of Onondaga.
63. Respondents-Defendants have no legal authority to circumvent the executive orders
of Onondaga County.
64. NYC EO 224 and NYC EO 398 do not provide the City any authority to do anything
outside the City of New York.
65. Respondents-Defendants use of NYC EO 398 extending NYC EO 224 to
circumvent the City Charter exceeds Respondents-Defendants' legal authority and is improper as
a matter of law.
Transfer.
13
AS AND FOR A THIRD CAUSE OF ACTION
The City Respondents were Arbitrary and Capricious in its Decision-Making
fully herein.
68. Respondents-Defendants efforts to (i) open the Candlewood as a temporary shelter
for adults and (ii) implement the Proposed Transfer were made in violation of lawful procedure,
affected by an error of law, and arbitrary and capricious and an abuse of discretion.
69. Respondents-Defendants did not follow any deliberative, evidence-based process
in reaching the above-referenced determinations.
70. Indeed, Respondents-Defendants expressly acted opaquely in willful violation of
the zoning laws and executive orders of another co-equal government, with no notice or
deliberation at all.
71. Respondents-Defendants gave no consideration whatsoever on the impact to the
community, the legal framework of their actions, or the capacity of the County of Onondaga to
absorb the City's homeless population.
72. By rushing to move hundreds of homeless to Onondaga County, Respondents-
Defendants are creating a new public health and safety crisis in Onondaga County.
Transfer.
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AS AND FOR A FOURTH CAUSE OF ACTION
Declaratory Relief
fully herein.
75. Petitioners-Plaintiffs seek a declaratory judgment to specify and determine the
rights and duties of the parties.
76. Pursuant to CPLR §3001, Plaintiffs-Petitioners seek a declaratory judgment to
specify and determine the right and duties of the parties, including, but not limited to, that (1) the
Respondents-Defendants Proposed Transfer was ultra vires, that (2) the Respondents-Defendants
are subject to local zoning and Onondaga County Local Emergency Order Number 1 of 2023; and
(3) that the Respondents-Defendants are required to obtain licensure and registration through the
New York State Office of Temporary Disability and Assistance before opening a temporary
homeless shelter.
77. Pursuant to CPLR § 3001, a judicial declaration is necessary and appropriate at this
time in order that each of the parties may know their respective rights and duties and act
accordingly.
AS AND FOR FIFTH CAUSE OF ACTION
Permanent Injunctive Relief
fully herein.
79. Based upon the foregoing, the balancing of the equities is in favor of Petitioners-
Plaintiffs and they have no adequate remedy at law.
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80. Unless Respondents-Defendants are permanently restrained from causing serious
and irreparable injury, which includes injury to government, permanent injury to the community,
and injuries to individuals and families, both in and outside the Respondents’ illegal shelter system.
81. For the same reasons outlined above in support of the Petitioners-Plaintiffs
application for a preliminary injunction, the same reasons and repeated and re-alleged as if set
forth fully herein, and which fully support permanent injunctive relief.
82. Pursuant to CPLR § 6301 et seq., a permanent injunction is sought to restrain
Respondents-Defendants.
WHEREFORE, Petitioners-Plaintiffs respectfully demands judgment as follows:
a. Declaring that Respondents-Defendants are acting without lawful authority, in
violation of lawful procedure, in violation of Onondaga County Local Emergency
Order Number 1 of 2023 (as extended), making determinations affected by errors
of law, acting arbitrarily and capriciously and abusing their discretion in
determining to (i) open the Candlewood, and/or all other known, and unknown,
locations in Onondaga County as a temporary homeless shelter outside the City of
New York and (ii) implement the Proposed Transfer of potentially hundreds of New
York City homeless individuals to Onondaga County;
b. Annulling Respondents-Defendants determinations to (i) open the Candlewood,
and/or all other known, and unknown, locations, as temporary homeless shelters
outside the City of New York and (ii) implement the Proposed Transfer of
potentially hundreds of New York City homeless to Onondaga County;
c. Temporarily restraining, and preliminarily and permanently enjoining
Respondents-Defendants from (i) opening the Candlewood, and/or all other known,
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and unknown, locations, as temporary homeless shelters in Onondaga County, and
(ii) implementing the Proposed Transfer of potentially hundreds of New York City
homeless to Onondaga County;
d. Pursuant to CPLR § 3001 declaring the rights and other legal relations of the
parties;
e. Awarding Petitioners-Plaintiffs their costs and disbursements; and
f. For such other and further relief as this Court deems just and proper.
Dated: May 22, 2023 ________________________________

Syracuse, New York JOHN A. SICKINGER
Senior Deputy County Attorney
Attorney for Petitioners-Plaintiffs
Onondaga County Department of Law
John H. Mulroy Civic Center, 10th Floor
421 Montgomery Street
Syracuse, New York 13202
Telephone: (315) 435-2170
Fax: (315) 435-5729
johnsickinger@ongov.net
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COUNTY OF ONONDAGA
______________________________________________

MSPH, in her official capacity as Commissioner of the AFFIRMATION IN
Onondaga County Department of Health, SUPPORT OF ORDER TO
SHOW CAUSE WITH
Petitioners-Plaintiffs, TEMPORARY
RESTRAINING ORDER
-against-


______________________________________________
JOHN A. SICKINGER, an attorney duly admitted to practice law in the Courts of
the State of New York, hereby affirms the following under the penalties of perjury:
1. I am a Senior Deputy County Attorney for the County of Onondaga and
submit this affirmation in support of the Petition and Complaint of the Petitioners-
Plaintiffs in the above-captioned matter. I am sufficiently familiar with the facts and
circumstances surrounding this matter to make this affirmation, and make this
affirmation upon information and belief and to the best of my knowledge.
2. The County brings this combined Article 78 special proceeding/complaint to
enjoin the Respondents from establishing an unregulated homeless shelter within the
County of Onondaga by transporting and/or housing adults experiencing homelessness,
who currently reside at a temporary shelter in New York City, (the "Proposed Transfer"),
to a proposed temporary shelter at the Respondent Candlewood Suites Syracuse Airport
located at 5414 South Bay Road, North Syracuse, New York 13212 ("Candlewood").
3. Respondents-Defendants City of New York, Eric Adams, Molly Wasow
Park, and the New York City Department of Social Services (collectively the "City
Respondents") decision for the Proposed Transfer exceeds their legal authority because
the City Respondents only have authority to operate and create temporary shelters for
adults within the five boroughs of New York City.
4. The City Respondents may not operate the Candlewood as a temporary
shelter for adults, and implement the Proposed Transfer, under the purported emergency
powers of Respondent-Defendant Adams under his Emergency Executive Order 398,
issued May 5, 2023 ("EO 398"). A true and correct copy of said Executive Order 398 is
annexed hereto as EXHIBIT A.
5. The Court should annul these determinations and enjoin the Proposed
Transfer because they are wholly unsupported by the limited scope of New York City
Executive Order 224. A true and correct copy of said Executive Order 224 is annexed
hereto as EXHIBIT B.
6. On May 18, 2023, Onondaga County Executive J. Ryan McMahon II, pursuant
to his authority under New York State Executive Law §24, declared a State of Emergency
and issued Local Emergency Order No. 1 of 2023 in response to the planned transfer of
migrants by the City of New York to Onondaga County, which would rapidly increase the
2
number of homeless persons in the geographical boundaries of the County of Onondaga to
unsustainable levels. A copy of the Local Emergency Order is annexed hereto as EXHIBIT
C 1.
7. Notwithstanding Executive Order No. 1 issued by County Executive
McMahon, Respondents-Defendants, upon information and belief, continue to proceed with a
transfer of hundreds of homeless individuals to Onondaga County.
8. The Court has jurisdiction over this matter pursuant to CPLR § 7803(3)
because Respondents made decisions in excess of their lawful authority and "in violation
of lawful procedure, ... affected by an error of law ... [and] arbitrary and capricious ... [and]
an abuse of [and] an abuse of discretion."
9. Venue is proper in Onondaga County pursuant to CPLR § 506(b), because it
is the County where the real property subject to the allegations and claims alleged in the
petition and complaint is located, and where the consequences of the actions of the
Respondents-Defendants will be felt.
10. Petitioners-Plaintiffs have standing to bring the claims asserted here as they
are representatives of the public within the geographical boundaries of the County of
Onondaga directly and adversely affected by Respondents-Defendants derogation of the law
resulting from the planned use of the Candlewood property as a temporary homeless shelter,
including impacts to health, safety, and increased social services burden the Petitioners-
Respondents will be required to bear by law.
11. The Petitioners-Plaintiffs are further directly injured by the Respondents-
Defendants violation of Onondaga County Local Emergency Order Number 1 of 2023, which,
1
The Local Emergency Order was extended on May 22, 2023. A copy of the extended Order is
attached hereto as EXHIBIT E.
3
upon information and belief, is being wholly ignored by the Respondents-Defendants, and
have standing to enforce its own executive orders.
12. In addition, Petitioners-Plaintiffs are obligated under Article XVII, § 1 of the
New York State Constitution to "aid, care and support" the needy and under Social Services
Law §62 to be "responsible for the assistance and care of any person who resides or is found
in its territory and who is in need of public assistance and care which he is unable to provide for
himself."
13. The purpose of a preliminary injunction is to maintain the status quo until a
decision can be reached on the merits of a case. Three factors govern the issuance of a
preliminary injunction: (i) a likelihood of success on the merits, (ii) the prospect of
irreparable injury in the absence of an injunction; and (iii) a balancing of equities in the
movant's favor. See Civil Practice Law and Rules § 6301.
14. First, for each of the reasons set forth herein, Petitioners have established a
likelihood of success on the merits. There is no dispute that the City of New York has
indicated it intends to willfully ignore the valid Local Emergency Order of the Onondaga
County Executive, and no application for a license under the Order has been made by the
City.
15. Second, Petitioners establish irreparable harm because, absent a preliminary
injunction, the Proposed Transfer will have profound, and irreversible, effects on the residents
of Onondaga County.
16. Onondaga County's limited shelter/housing resources are already strained.
The County simply cannot absorb hundreds, if not thousands, of individuals in need of
housing, public services, and medical care, which would greatly expand the current
4
homeless population it is presently supporting.
17. Upon information and belief, under present regulation and administrative
guidance from the New York State Office of Temporary Disability and Assistance
(OTDA), a social services district has the responsibility to (1) find appropriate placements
for homeless individuals and families, notwithstanding whether another district is fiscally
responsible and (2) if an individual leaves the out-of-district placement, the placing
district is only responsible for approximately the first two months of a new permanent
placement. This means, if any of the individuals placed by New York City leave the
City's illegal shelter system, they will become a County responsibility.
18. The Petitioners-Plaintiffs reasonably believe that after the proposed four-
month period, the homeless individuals housed in Onondaga County will not leave the
County, and the City will be under no obligation to continue to support these individuals.
19. Moreover, it is reasonably likely such individuals will naturally leave the
placement and not return, instead opting to live in the community without restriction.
Thus, this population will likely become a County responsibility for years, if not
permanently.
20. Furthermore, upon information and belief, Candlewood lacks the
infrastructure to support a permanent, resident homeless population in need of
comprehensive social services, particularly once the City's temporary support is
inevitably withdrawn.
21. Accordingly, in failing to follow applicable regulations and appropriate
procedures, the Respondents-Defendants have caused irreparable harm to the Petitioners-
5
Plaintiffs, both as residents and the residents that they represent, serve, and support in their
official capacity.
22. Finally, a balancing of the equities favors granting preliminary injunctive
relief to Petitioners-Plaintiffs.
23. It would be inequitable, if not unconscionable, to allow the Proposed
Transfer to go forward where an ultimate decision adverse to the Respondents-Defendants
on the merits would force the further dislocation of the homeless individuals improperly
placed in the County. Additionally, it would be inequitable to allow the Candlewood to
evict current residents to make room for those being transported to Onondaga County by
New York City.
24. Pursuant to CPLR § 7803(3), Respondents’ efforts to (i) open the
Candlewood as a temporary homeless shelter outside the City of New York and (ii)
implement the Proposed Transfer are in excess of any legal authority.
25. Accordingly, the Court should annul and enjoin Respondents' determination
to (i) open the Candlewood as a temporary homeless shelter outside the City of New
York and (ii) implement the Proposed Transfer.
26. Pursuant to CPLR § 7803(3), the Court should annul and enjoin
Respondents’ determination to (i) open the Candlewood as a temporary homeless shelter
outside the City of New York and (ii) implement the Proposed Transfer.
27. Respondents’ efforts to (i) open the Candlewood as a temporary homeless
shelter outside the City of New York and (ii) implement the Proposed Transfer were made in
violation of lawful procedure, affected by an error of law, and arbitrary and capricious and/or
is an abuse of discretion.
6
28. Accordingly, the Court should annul and enjoin Respondents' determination to
(i) open the Candlewood as a temporary homeless shelter outside the City of New York and
(ii) implement the Proposed Transfer.
29. Unless Respondents-Defendants are permanently restrained they will cause
serious and irreparable injury, which includes injury to government, permanent injury to the
community, and injuries to individuals and families, both in and outside the Respondents’
illegal shelter system.
30. Based on the foregoing, the balancing of equities is in favor of Petitioners-
Plaintiffs.
31. Pursuant to CPLR §3001, Plaintiffs-Petitioners seek a declaratory judgment to
specify and determine the right and duties of the parties, including, but not limited to, that (1)
the Respondents-Defendants’ Proposed Transfer is ultra vires, that (2) the Respondents-
Defendants are subject to local zoning and applicable Executive Orders in the jurisdiction
where a proposed shelter is located; and (3) that the Respondents-Defendants are required to
obtain licensure and registration through the New York State Office of Temporary Disability
and Assistance before opening a temporary homeless shelter.
32. Pursuant to Civil Practice Law and Rules §3001, a judicial declaration is
necessary and appropriate at this time in order that each of the parties may know their
respective rights and duties accordingly.
33. In addition, pursuant to Civil Practice Law and Rules §6301 et seq., a
permanent injunction is sought to restrain Respondents-Defendants.
34. Pursuant to Rule 202.8-e, notice of the request for a temporary restraining
order was given to the municipal Respondents-Defendants who would be the principal parties
7
restrained by the temporary injunction prior to the filing of the within application. A true copy
of the Notice is attached as EXHIBIT D.
35. As regards to the non-municipal Respondent-Defendant, the papers upon
which this application are based are being sent via mail to the registered service address for
CWP Syracuse I LLC but could not be provided in advance due to the need to file this
application for emergency relief immediately and avoid irreparable harm.
36. No previous application has been made by the Petitioners to this Court or
any judge for the specific relief sought herein.
37. Based upon the foregoing and the annexed exhibits, it is respectfully
requested that the relief requested in the annexed Order to Show Cause be granted in its
entirety and the Court grant the Petitioners such other and further relief as the Court
deems just and proper.
Dated: May 22, 2023 ________________________________

Syracuse, New York JOHN A. SICKINGER
Attorney for Petitioners-Plaintiffs
Onondaga County Department of Law
John H. Mulroy Civic Center, 10th Floor
421 Montgomery Street
Syracuse, New York 13202
Telephone: (315) 435-2170
Fax: (315) 435-5729
johnsickinger@ongov.net
8

COUNTY OF ONONDAGA

MSPH, in her official capacity as Commissioner of the AFFIDAVIT OF
Onondaga County Department of Health ANN ROONEY
IN SUPPORT OF
Petitioners-Plaintiffs, ORDER TO SHOW
CAUSE WITH
TEMPORARY
RESTRAINING ORDER
-against-

Social Services, and CWP SYRACUSE I LLC,
STATE OF NEW YORK )

)ss. :
COUNTY OF ONONDAGA )
ANN ROONEY, being duly sworn deposes and says:
1. I am the Deputy County Executive of Human Services for the County of
Onondaga ("County"). I submit this affidavit in support of the County' s petition and complaint
seeking a temporary restraining order restraining and enjoining the Respondents-Defendants
from violating Onondaga County Local Emergency Order Number 1 of 2023 , including the
imminent transport of migrants/asylum seekers to the Candlewood Suites Syracuse Airport
("Hotel") in Onondaga County by New York City and its agents.
2. Specifically, the County respectfully requests that this Court enjoin the
Defendants' hasty and developing plan to violate Onondaga County Emergency Order No. 1 of
2023, a copy of which emergency proclamation and order are included as Exhibit C to the
Affirmation of John Sickinger, Esq., submitted herewith, unless and until such modified use
comes with requisite approvals and licenses as set forth in Onondaga County Emergency Order
No. 1 of 2023, as extended.
3. On or about May 18, 2023, the County first learned that New York City, by and
through its Mayor, intended to transport migrants to Onondaga County when it was discovered
that "a company that works with New York City to find migrant housing has started advertising
for new employees in Syracuse" (https://www.svracusc.com/politics/cnv/2023/05/rvan-
mcmahon-issues-emergencv-order-banning-migrant-transfer-to-onondaga-countv.html). No prior
or formal notice was provided.
4. On May 18, 2023, the County Executive issued an Emergency Proclamation and
Emergency Order No. 1 of 2023 declaring a State of Emergency pursuant to Executive Law §24
and ordering that no hotels, motels and/or multiple dwellings may provide housing or
accommodations for migrants or asylum seekers in Onondaga County absent a duly issued
license. (See Exhibit "C" to Sickinger Affirmation).
5. Said Emergency Proclamation and Emergency Order No. 1 of 2023 were duly
authorized, executed, issued, filed and published in accordance with Executive Law§ 24.
6. Thereafter, on or about May 20, 2023, the County was notified by Chris Ellis,
New York City' s Director of State Legislative Affairs, that a "bus is expected to arrive in the
next few days at the Candlewood Suites Syracuse Airport Hotel"
(https://www.svracuse .com/politics/cnv/20')3/05/nvc-to-send-first-bus-of-migrants-to-onondaga-
countv-town-official-savs.htm l).
7. It is not currently known how many migrants or asylum seekers may arrive in
Onondaga County due to New York City's transportation of same to Onondaga County, when
they would arrive, or any other relevant information on said population.
8. As of May 22, 2023, it has been reported that the Hotel "began pushing out its
long-term residents last week," "including families with small children, medical workers,
Amazon workers who don' t make enough for an apartment and transportation, and disabled
veterans" (https://www.syracuse.com/news/2023/05/cny-hotel-expecting-first-busload-of-
migrants-has-been-home-to-more-than-50-long-term-residents.html).
9. Subsequently, on May 22, 2023 , the County duly issued and executed Emergency
Order No. IA of 2023 extending Executive Order No. 1 of 2023 for an additional 5-day period
(Exhibit "E" to Sickinger Affirmation).
10. Onondaga County is currently responsible for and is housing approximately 350
homeless people within the community, and does not have sufficient uncommitted resources for
such an influx in its homeless and needy population. While no figures have been provided by
New York City, estimates range from 200 to 1,000 migrant/asylum seekers, marking a 50% or
greater increase in the population of those needing limited housing and other public services and
accommodations.
11 . Onondaga County has already committed to resettling approximately 1,900
refugees over the next 12 to 16 months.
12. Upon information and belief, additional buses transporting migrants/asylum
seekers are likely to come to Onondaga County.
WHEREFORE, it is respectfully requested that this Court grant injunctive relief
restraining Defendants' present and ongoing violations of Local Emergency Order No. 1 of
2023, as extended, together with such other and further relief as this Court deems just and
proper.
Ann Rooney
Onondaga Deputy Coun
Sworn onto before me this

Day of May, 2023.
W\.~"t)rJv,~'O
Nota Public ·
AMY M. BROSNAN - b~'(,(

NOTARY PUBLIC. STATE OF NEW YORK
Regislralion . 018 323239
Qualified in ounly
Commission Expires April 20,
THE CITY OF NEW YORK

OFFICE OF THE MAYOR
NEW YORK, N. Y. 10007
EMERGENCY EXECUTIVE ORDER NO. 398
May 5, 2023
WHEREAS, over the past several months, thousands of asylum seekers have been arriving in New York
City, from the Southern border, without having any immediate plans for shelter; and
WHEREAS, the City now faces an unprecedented humanitarian crisis that requires it to take
extraordinary measures to meet the immediate needs of the asylum seekers while continuing to serve the tens of
thousands of people who are currently using the DHS Shelter System; and
WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in
Emergency Executive Order No. 224, dated October 7, 2022; and
WHEREAS, the state of emergency based on the arrival of thousands of-individuals and families seeking
asylum, first declared in Emergency Executive Order No. 224, dated October 7, 2022, and extended most recently
by Emergency Executive Order No. 374, dated April 5, 2023, remains in effect;
NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the
City of New York, including but not limited to the New York Executive Law, the New York City Charter and
the Administrative Code of the City of New York, and the common law authority to protect the public in the
event of an emergency:
Section 1. I hereby direct that the State of Emergency declared in Emergency Executive Order No. 224,
dated October 7, 2022, and extended by subsequent orders, is extended for thirty (30) days.
§ 2. I hereby order that section 1 of Emergency Executive Order No. 394, dated April 30, 2023, is extended
for five (5) days.
§ 3. This Emergency Executive Order shall take effect immediately. The State of Emergency shall
remain in effect for a period not to exceed thirty (30) days or until rescinded, whichever occurs first. Additional
declarations to extend the State of Emergency for additional periods not to exceed thirty (30) days shall be
issued if needed.
Eric Adams
Mayor
accepted for filing by the County Clerk.
THE CITY OF NEW YORK

OFFICE OF THE MAYOR
NEW YORK , N . Y. 10007
EMERGENCY EXECUTIVE ORDER NO. 224
October 7, 2022
WHEREAS, over the past several months, thousands of asylum seekers have been
arriving in New York City, from the Southern border, without having any immediate plans for
shelter; and
WHEREAS, as of October 5, 2022, the asylum seekers who have entered the City ' s
shelter system operated by the Department of Homeless Services (DHS Shelter System") include
approximately 17,429 individuals, comprised of2,896 families with children; 6,014 adults; and
734 adult families ; and
WHEREAS, to date, the City has opened 42 DHS shelters in response to this influx of
asylum seekers;
WHEREAS, the state of Texas, and the city of El Paso, have pledged to continue
sending asylum seekers on buses to New York City, and
WHEREAS, Texas has not provided notice to New York City, and has indicated that it
will continue not providing notice to New York City, regarding how many busloads of people
will be arriving, or the dates and times of their arrival ; and
WHEREAS, many of the buses arrive at the Port Authority Bus Terminal unannounced
and unscheduled, in the early morning or late night hours; and
WHEREAS, many of the asylum seekers are coping with the effects of trauma and
exhaustion, as well as other physical and mental health concerns; and
WHEREAS, the stress on the asylum seekers has been compounded by the additional
days of travel to New York City, during which time it has been reported that many have been
afforded limited food and water, and limited opportunities to leave the bus; and
WHEREAS, the DHS Shelter System is nearing its highest ever recorded population of
over 61 ,000 individuals and is not designed to serve the influx of asylum seekers arriving to New
York City from the Southern border;
WHEREAS, if asylum seekers continue to enter the City at the current rate, the total
population within the DHS Shelter System will exceed 100,000 individuals next year;
NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of
New York and the City of New York, including but not limited to the New York Executive Law,
the New York City Charter and the Administrative Code of the City of New York, and the
common law authority to protect the public in the event of an emergency:
Section 1. State of Emergency. A state of emergency is hereby declared to exist within

the City of New York based on the arrival of thousands of individuals and families seeking
asylum.
§2. Humanitarian Emergency Response and Relief Centers.
a. I hereby direct New York City Emergency Management (NYCEM) to coordinate with
the New York City Health and Hospitals Corporation (H+H), the Department of Information
Technology and Telecommunications, also known as the Office of Technology and Innovation
(OTI), the Department of Design and Construction (DDC), the Mayor’s Office of Immigrant
Affairs, and other agencies as appropriate, to establish and operate temporary humanitarian relief
centers to be known as “Humanitarian Emergency Response and Relief Centers” (“HERRCs”)
that will provide assistance for arriving asylum seekers, helping them by immediately offering
respite, food, medical care, case work services, and assistance in accessing a range of settlement
options, including through connections to family and friends inside and outside of New York
City, in addition to, if needed, direct referrals to alternative emergency supports.
b. I hereby authorize the Deputy Mayor of Health and Human Services to enter into a
memorandum of understanding with H+H concerning the establishment and operation of the
HERRCs, which shall, among other things, provide for the establishment of policies and
procedures for the operation of the HERRCs, provide for the confidentiality of information
collected from the persons served in the HERRCs, and provide restrictions on disclosure of
information about an individual’s immigration status consistent with the policies set forth in
Executive Order 34 (dated May 13, 2003) and Executive Order 41 (dated September 17, 2003).
§ 3. Cooperation of all agencies.
I hereby direct all agency heads, including but not limited to the Mayor’s Office of
Immigrant Affairs, the New York City Emergency Management, the Department of Health and
Mental Hygiene, the Mayor’s Community Affairs Unit, the Fire Department, the Police
Department, the Sheriff’s Office, the Chief Privacy Officer, and the Departments of Buildings,
Housing Preservation and Development, Sanitation, Social Services, Homeless Services,
Environmental Protection, and Parks and Recreation, to take all appropriate and necessary steps
to preserve health and public safety during this humanitarian crisis.
2
I hereby direct all agency heads, including but not limited to the Mayor' s Office of
Immigrant Affairs, the New York City Emergency Management, the Department of Health and
Mental Hygiene, the Mayor' s Community Affairs Unit, the Fire Department, the Police
Department, the Sheriffs Office, the Chief Privacy Officer, and the Departments of Buildings,
Housing Preservation and Development, Sanitation, Social Services, Homeless Services,
Environmental Protection, and Parks and Recreation, to take all appropriate and necessary steps
to preserve health and public safety during this humanitarian crisis.
§ 4. Suspension of laws and rules.
a. I hereby direct that the following laws and rules related to the Uniform Land Use
Review Procedure, and other procedures applicable to the City planning and land use review
processes, to the extent they would apply to the siting, construction and operations of the
HERRCs, impose limitations on the amount of time permitted for the holding of public hearings,
the certification of applications, the submission of recommendations, any required or necessary
voting, the taking of final actions, and the issuance of determinations, are suspended, and that
any such time limitations are tolled for the duration of the State of Emergency: sections l 95,
197-d, 203 , and 3020 and subdivisions (b) through (h) of section 197-c of the Charter, sections
25-303 , 25-306, 25-308, 25-309, 25-310 and 25-313 of the Administrative Code, and sections 1-
05 .5 and 1-07.5 of Title 2 and sections 2-02 through 2-07 of Title 62 of the Rules of the City of
New York.
b. I hereby direct that section 14-140 of the Administrative Code and section 12-10 of
Title 38 of the Rules of the City of New York are suspended, to the extent they impact the
disposition of personal property at the HERRCs.
§ 5. Effective date. The State of Emergency declared in section 1 of this Order shall
remain in effect for 30 days and may be extended. The remaining provisions of this Order shall
take effect immediately and shall remain in effect for five (5) days unless they are terminated or
modified at an earlier date.
Eric Adams
Mayor
3
County of Onondaga
J. Ryan McMahon II Office of the County Executive Brian J. Donnelly
County Executive John H. Mulroy Civic Center, 14th Floor Deputy County Executive
421 Montgomery Street, Syracuse, New York 13202
Ann Rooney Mary Beth Primo
Deputy County Executive, Human Services Phone: 315.435.3516 Fax: 315.435.8582 Deputy County Executive, Physical Services
www.ongov.net
LOCAL EMERGENCY ORDER OF THE ONONDAGA COUNTY EXECUTIVE

ISSUED PURSUANT TO PROCLAMATION OF EMERGENCY
May 18, 2023 ORDER NO. 1
WHEREAS, on May 18, 2023, I, J. Ryan McMahon, II, Onondaga County Executive, by the authority vested in me by
the Onondaga County Charter, the Onondaga County Administrative Code, and the laws of the State of New York,
declared, pursuant to Section 24 of Article 2-B of the New York State Executive Law, that the public safety was
sufficiently imperiled such that a Proclamation ofEmergency was declared within the territorial limits of Onondaga
County;
NOW, THEREFORE, in accordance with authority vested in me by the Onondaga County Charter and Code, and
pursuant to Article 2-B, Section 24 of the New York State Executive Law, I hereby promulgate the following Local
Emergency Order, effective within the territorial limits of Onondaga County:
Section 1. Prohibition of foreign municipal programs that burden the County to ensure for adequate care and to avoid
overtaxing limited resources.
A. No municipality may make contracts withpersons, businesses, or entities doing business within the
County to transport migrants or asylum seekers to locations in the County, or to house persons at
locations in the County for any length of time without the express written permission of the County
Executive. In addition, no person or entity may act on behalf of any municipality or in performance
of am unicipal program, or other act funded by a municipality, to perform an act in violation of this
subsection.
B. No hotel, motel or owner of a multiple dwelling in Onondaga County is permitted to contract or

otherwise engage in business with any other municipality other than the County of Onondaga (an
. "external municipality") for the purpose of providing housing or accommodations for migrants or
asylum seekers without a license granted by the County. This prohibition extends to any person or
entity participating in an external municipality's government program, or a contract or service
funded by an external municipality or acting on behalf of any external municipality.
1. Licenses will be granted only by the Commissioner of Health of the Onondaga County Health
Department, County Executive, or designee ("Commissioner, County Executive or designee").
The Commissioner, County Executive or designee may enlist the services of any other agency
within the executive branch of the County government to perform the duties necessary to effect
this provision.
2. Licenses will only be granted where, to the satisfaction of the Commissioner, County Executive
or designee, both the applicant and the foreign municipality demonstrate that:
a. The contract provides that the migrants or asylum seekers will be returned to the
foreign municipality from which they arrived or another location outside the County,
This is a copy of a pleading filed
which, at the time of its printout
within thirty (30)
electronically days, subject
pursuant to New to modification
York byrules
State court the County Executive;
(22 NYCRR and
§202.5-b(d)(3)(i))
from the court system's electronic website, had not yet been reviewed and
b. The foreign municipality demonstrates to the County that it has sufficient funding to
sustain the needs of the migrants or asylum seekers during the time of their stay; and
c. The foreign municipality agrees to assume any costs expended by any municipality in
the County ("domestic municipalities") including the County itself, for the care,
welfare, law enforcement interactions, or other expenses related to municipal
interaction with the migrants or asylum seekers upon demand; and
I
d. The applicant and the foreign municipality each have a performance bond for the
conditions set by the license in the amount of $2,000 per migrant or asylum seeker
being housed or boarded at the applicant's facility.
3. The conditions described in this section will not apply to any contract directly between the
foreign municipality and the County.
4. License renewal will be at the sole discretion of the Commissioner, County Executive or
designee, after consideration of the purpose and intent of the Emergency Proclamation that
instigated this Emergency Order.
C. Remedies.
1. Appearance tickets. Any local law enforcement agency, Commissioner, County Executive or
designee, is authorized to issue appearance tickets for any violation of this Em ergehcy Order
for the penalty prescribed by NYS Executive Law§ 24(5).
2. Civil penalties. In addition to those penalties prescribed by NYS Executive Law§ 24(5), any
person who violates any provision of this Emergency Order or any term or condition of any
license issued pursuant to this Emergency Order, shall be liable to a civil penalty; to be
determined by a process set by the Commissioner, County Executive or designee, ofnot more
than $2,000 per migrant/asylum seeker housed by the foreign municipality or other violator,
for each day or part thereof during which such violation continues. The civil penalties
provided by this subdivision shall be recoverable in an action instituted in the name of this
County and initiated by the County Executive or designee and/or County Attorney.
3. Abatement. Regardless of any other remedy or relief brought by the County for any violation,
the Commissioner, County Executive or designee is authorized to direct the County Attorney
to commence actions or proceedings in the name of the County, in a court of competent
jurisdiction, to abate any violation of, or to enforce any provision of this Emergency Order.
D. Remedies not exclusive.
1. No remedy or penalty specified in this Emergency Order shall be the exclusive remedy or
remedy available to address any violation described in this Emergency Order.
2. Each remedy or penalty specified in this Emergency Order shall be in addition to, and not in
substitution for or limitation of, the other remedies or penalties specified in this Emergency
Order or in any other applicable law.
3. Any remedy or penalty specified in this section may be pursued at any time, whether prior
to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this
Emergency Order or in any other applicable law.
4. In particular, but not by way of limitation, each remedy and penalty specified in this section
shall be in addition to, and not in substitution for or limitation of, the penalties specified in
This is a copy of a
NYS Executive Law§ 24, and any remedy or penalty specified in this section may be pursued
pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
at any time, whether prior to, simultaneously with, or after the pursuit of any penalty
specified in NYS Executive Law§ 24.
E. Notifications. In addition to such other powers or duties the Sheriff of Onondaga County may
consider in the exercise of the Sheriff's duties with respect to this Emergency Order, the Sheriff is
authorized and directed by this order to make limited stops to notify persons suspected of
transporting migrants or asylum seekers into the County in violation of the restrictions and
regulations of this Emergency Order, and to similarly, notify the owners and operators of facilities
suspected of housing any migrants or asylum seekers, or seeking or entering agreements with
external municipalities, without the license required by this Emergency Order.
Section 2. Effective Date.
This Local Emergency Order shall take effect immediately.
Section 3. Duration of Local Emergency Order
This Local Emergency Order shall remain in effect for five (5) days unless sooner modified, extended, or
revoked, and may be extended for additional periods not to exceed five (5) days during the pendency of the
local state of emergency.
Section 4. Common Name
This Order may be referred to as the "Onondaga County Sustainable Migration Protocol."
COUNTY OF ONONDAGA
By:
kRy?n2:M:.:~
J.
//-"Tr
County Executive
County of Onondaga
J. Ryan McMahon II
Office of the County Executive Brian J. Donnelly
www.ongov.net
PROCLAMATION OF EMERGENCY IN AND FOR ONONDAGA COUNTY

BY THE ONONDAGA COUNTY EXECUTIVE
May 18, 2023
BY THIS PROCLAMATION, I, J. RYAN MCMAHON, II, ONONDAGA COUNTY EXECUTIVE, HEREBY DECLARE A LOCAL
STATE OF EMERGENCY WITHIN THE TERRITORIAL LIMITS OF ONONDAGA COUNTY
WHEREAS, illegal border crossings are occurring into the United States in historic numbers; and
WHEREAS,. over the past several months, tens of thousands of migrants with immediate housing and service needs
have arrived in the City of New York resulting in a humanitarian crisis; and
WHEREAS, the federal Public Health Emergency for COVID-19 expired May 11, 2023, at which time the Centers for
Disease Control and Prevention's Public Health Reassessment and Order Suspending the Right to Introduce Certain
Persons from Countries Where a Quarantinable Communicable Disease Exists (the "Title 42 Order"), issued pursuant
to 42 U.S.C §§ 362 and 365 and suspending the allowance of certain persons travelling from Canada or Mexico, will
also expire; and
WHEREAS, the County of Onondaga serves as a designated refugee resettlement community and does not have the
capacity or resources to receive and sustain an increase in the number of migrants, imperiling public health and
safety within the County, and is expecting to house and resettle nearly 1,900 legal refuge.es over the next year; and
NOW, THEREFORE, by the authority vested in me by the Onondaga County Charter and Administrative Code, and the
laws of the State of New York, I hereby find, pursuant to Section 24 of Article 2-B of the New York State Executive
Law, that the public safety is sufficiently imperiled such that a Proclamation of Emergency is declared within the
territorial limits of Onondaga County.
This Proclamation of Emergency is effective immediately and shall remain in effect for thirty (30) days through June
17, 2023, unless extended by the Onondaga County Executive.
As the County Executive of Onondaga County, I exercise the authority given me under state law, including New York
State Executive Law § 25 to use any and all facilities, equipment, supplies, personnel and other resources of the
County in such manner as may be necessary or appropriate to cope with this disaster or emergency resulting
therefrom.
COUNTY OF ONONDAGA
/ / _ ,/, -/ / ~1T--
B ·
y. t:??;) , tc----~-----·
J. Ryan McMahon, U
County Executive
May 22, 2023
Hon. Eric Adams, Mayor

City of New York
Attn: Crystal Price, Director of Federal Affairs
Via Email: cprice@cityhall.nyc.gov
New York City Law Department
Molly Wasow Park, Acting Director

City of New York Department of Social Services
NYC Department of Homeless Services
Via email: ServiceDSS@dss.nyc.gov
Notice Pursuant to Uniform Rule 202.8-e
The County of Onondaga and Kathryn Anderson in her capacity as Commissioner of the
Onondaga County Department of Health will be presenting an Order to Show Cause and
accompanying Affirmations and Affidavits for consideration to the Supreme Court, Onondaga
County today, May 22, 2023, at a time to be determined by the Court. The Supreme Court,
Onondaga County, is located at 421 Montgomery Street, Syracuse, New York 13202.
Petitioners/Plaintiffs are seeking, inter alia, a Temporary Restraining Order, enjoining the City of
New York from unilaterally transferring its residents to Onondaga County in violation of code,
regulations, Executive Order and other controlling determinations.
Yours, Etc.
John A. Sickinger
County of Onondaga
J. Ryan McMahon II Office of the County Executive Brian]. Donnelly
www.ongov.net
LOCAL EMERGENCY ORDER OF THE ONONDAGA COUNTY EXECUTIVE

ISSUED PURSUANT TO PROCLAMATION OF EMERGENCY
May 22, 2023 - ORDER NO. 1-A
WHEREAS, on May 18, 2023, I, J. Ryan McMahon, II, Onondaga County Executive, by the authority vested in me by
the Onondaga County Charter, the Onondaga County Administrative Code, and the laws of the State of New York,
declared, pursuant to Section 24 of Article 2-8 of the New York State Executive Law, that the public safety was
sufficiently imperiled such that a Proclamation ofEmergency was declared within the territorial limits of Onondaga
County;
WHEREAS, on May 18, 2023, I issued Local Emergency Order No. 1, referred to as the Onondaga County Sustainable
Migration Protocol, prohibiting foreign municipal programs that burden the County to ensure for adequate care and
to avoid overtaxing limited resources; ·
NOW, THEREFORE, in accordance with authority vested in me by the Onondaga County Charter and Code, local home
rule powers conferred upon local governments, and pursuant to Article 2-8, Section 24 of the New York State
Executive Law, I hereby promulgate and extend Local Emergency Order No. 1, effective within the territorial limits
of Onondaga County:
Section 1. Prohibition of foreign municipal programs that burden the County to ensure for adequate care and to avoid
overtaxing limited resources.
A. No municipality may make contracts with persons, businesses, or entities doing business within the
County to transport migrants or asylum seekers to locations in the County, or to house persons at
locations in the County for any length of time withoutthe express written permission of the County
Executive. In addition, no person or entity may act on behalf of any municipality or in performance
of a municipal program, or other act funded by a municipality, to perform an act in violation of this
subsection.
B. No hotel, motel or owner of a multiple dwelling in Onondaga County is permitted to contract or

otherwise engage in business with any other municipality other than the County of Onondaga (an
"external municipality") for the purpose of providing housing or accommodations for migrants or
asylum seekers without a license granted by the County. This prohibition extends to any person or
entity participating in an external municipality's government program, or a contract or service
funded by an external municipality or acting on behalf of any external municipality.
1. Licenses will be granted only by the Commissioner of Health of the Onondaga County Health
Department, County Executive, or designee ("Commissioner, County Executive or designee").
The Commissioner, County Executive or designee may enlist the services of any other agency
within the executive branch of the County government to perform the duties necessary to effect
this provision.
2. Licenses will only be granted where, to the satisfaction of the Commissioner, County Executive
This is a copy of a pleadingorfiled
designee, both the applicant
electronically and
pursuant tothe
Newforeign municipality
York State demonstrate
court rules that:
(22 NYCRR §202.5-b(d)(3)(i))
a. The contract provides that the migrants or asylum seekers will be returned to the
foreign municipality from which they arrived or another location outside the County,
within thirty (30) days, subject to modification by the County Executive; and
b. The foreign municipality demonstrates to the County that it has sufficient funding to
sustain the needs of the migrants or asylum seekers during the time of their stay; and
c. The foreign municipality agrees to assume any costs expended by any municipality in
the County ("domestic municipalities") including the County itself, for the care,
welfare, law enforcement interactions, or other expenses related to municipal
interaction with the migrants or asylum seekers upon demand; and
d. The applicant and the foreign municipality each have a performance bond for the
conditions set by the license in the amount of $2,000 per migrant or asylum seeker
being housed or boarded at the applicant's facility.
3. The conditions described in this section will not apply to any contract directly between the
foreign municipality and the County.
4. License renewal will be at the sole discretion of the Commissioner, County Executive or
designee, after consideration of the purpose and intent of the Emergency Proclamation that
instigated this Emergency Order.
C. Remedies.
1. Appearance tickets. Any local law enforcement agency, Commissioner, County Executive or ·
designee, is authorized to issue appearance tickets for any violation of this Emergency Order
for the penalty prescribed by NYS Executive Law§ 24(5).
2. Civil penalties. In addition to those penalties prescribed by NYS Executive Law§ 24(5), any
person who violates any provision of this Emergency Order or any term or condition of any
license issued pursuant to this Emergency Order, shall be liable to a civil penalty; to be
determined by a process set by the Commissioner, County Executive or designee, ofnot more
than $2,000 per migrant/asylum seeker housed by the foreign municipality or other violator,
for each day or part thereof during which such violation continues. The civil penalties
provided by this subdivision shall be recoverable in an action instituted in the name of this
County and initiated by the County Executive or designee and/or County Attorney.
3. Abatement. Regardless of any other remedy or relief brought by the County for any violation,
the Commissioner, County Executive or designee is authorized to direct the County Attorney
to commence actions or proceedings in the name of the County, in a court of competent
jurisdiction, to abate any violation of, or to enforce any provision of this Emergency Order.
D. Remedies not exclusive.
1. No remedy or penalty specified in this Emergency Order shall be the exclusive remedy or
remedy available to address any violation described in this Emergency Order.
2. Each remedy or penalty specified in this Emergency Order shall be in addition to, and not in
substitution for or limitation of, the other remedies or penalties specified in this Emergency
Order or in any other applicable law.
3. Any remedy or penalty specified in this section may be pursued at any time, whether prior
to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this
Emergency Order or in any other applicable law.
iNYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/22/2023
4. In particular, but not by way of limitation, each remedy and penalty specified in this section
shall be in addition to, and not in substitution for or limitation of, the penalties specified in
NYS Executive Law§ 24, and any remedy or penalty specified in this section may be pursued
at any time, whether prior to, simultaneously with, or after the pursuit of any penalty
specified in NYS Executive Law§ 24.
E. Notifications. In addition to such other powers or duties the Sheriff of Onondaga County may
consider in the exercise of the Sheriff's duties with respect to this Emergency Order, the Sheriff is
authorized by this order to make limited stops to notify persons suspected of transporting migrants
or asylum seekers into the County in violation of the restrictions and regulations of this Emergency
Order, and to similarly, notify the owners and operators of facilities suspected of housing any
migrants or asylum seekers, or seeking or entering agreements with external municipalities,
without the license required by this Emergency Order.
F. All provisions regarding enforcement of this Local Emergency Order must be in compliance with the
Constitution of the United States of America, State of New York, and all other applicable laws.
Section 2. Effective Date.
This Local Emergency Order shall take effect immediately.
Section 3. Duration of Local Emergency Order
This Local Emergency Order shall remain in effect for five (5) days unless sooner modified, extended, or
revoked, and may be extended for additional periods not to exceed five (5) days during the pendency of the
local state of emergency.
Section 4. Common Name
This Order may be referred to as the "Onondaga County Sustainable Migration Protocol."
By: i~rv~J
Brian J.,o:nelly
Acting County Executive
CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)
At a Term of the Supreme

Court in and for the County of
Onondaga held at the Onondaga
County Supreme Court in
Syracuse, New York on the
_____ day of May 2023
Present: HON. ___________________, J.S.C.

COUNTY OF ONONDAGA
______________________________________________

MSPH, in her official capacity as Commissioner of the
Onondaga County Department of Health, ORDER TO SHOW CAUSE
WITH TEMPORARY
Petitioners-Plaintiffs, RESTRAINT
-against-


______________________________________________
Upon the affirmation of John A. Sickinger, Senior Deputy County Attorney, dated May
22, 2023, the affidavit of Ann Rooney, dated May 22, 2023 and the combined petition and
complaint dated May 22, 2023, and the exhibits attached to the papers, and notice pursuant to
Rule 202.8-e of the New York Rules of Court,
Let the City of New York, Eric Adams in his capacity as Mayor of the City of New
York, and Molly Wasow Park in her capacity as the Acting Commissioner of the New York
City Department of Homeless Services for the City of New York, CWP Syracuse I LLC
d/b/a Candlewood Suites Syracuse Airport, Respondents-Defendants herein, show cause
before this Court at the Onondaga County Courthouse, 401 Montgomery Street, Syracuse, New
York 13202 on the ____day of _________ 2023, at __________ o'clock in the fore/after noon or
as soon thereafter as the parties can be heard, why an Order should not be made and entered:
(1) Pursuant to CPLR § 6301 et seq., granting a preliminary injunction during the
pendency of this action, restraining and enjoining Respondents-Defendants, The City of
New York, Eric Adams in his capacity as Mayor of the City of New York, and Molly Wasow
Park in her capacity as the Commissioner of the New York City Department of Social
Services, CWP Syracuse I LLC d/b/a Candlewood Suites Syracuse Airport, through its
agents, servants, representatives and employees, from transporting homeless adult
individuals residing in a temporary shelter in New York City to hotels within Onondaga
County, including, but not limited to, the Candlewood Suites Syracuse Airport,
(2) Granting such other and further relief as this Court may deem just and proper,
including an award of costs and disbursements to Petitioners-Plaintiffs.
SUFFICIENT REASON APPEARING THEREFOR, that pending a hearing and
determination of the within application, it is hereby
ORDERED that Respondents-Defendants, The City of New York, Eric Adams in his
capacity as Mayor of the City of New York, and Molly Wasow Park in her capacity as the
Commissioner of the New York City Department of Social Services, and CWP Syracuse I
LLC d/b/a Candlewood Suites Syracuse Airport, through its agents, servants, representatives
and employees, are temporarily restrained from transporting homeless adult individuals
residing in a temporary shelter in New York City to hotels within Onondaga County,
including, but not limited to Candlewood Suites Syracuse Airport,
ORDERED, that service of a copy of this Order together with the papers upon which
it is based shall be made by hand delivery or overnight mail delivery upon Respondent-
Defendant, The City of New York, Eric Adams in his capacity as Mayor of the City of New
York, and Molly Wasow Park in her capacity as the Acting Commissioner of the New York
City Department of Homeless Services for the City of New York, upon their attorneys, New
York City Law Department/ Attn: Corporation Counsel, at the office address at 100 Church
Street, New York, New York 10007 on or before the ___ day of May 2023, shall be deemed
good and sufficient Service; and it is further
ORDERED, that service of a copy of this Order together with the papers which it is
based shall be made by hand delivery or overnight mail delivery upon Respondent-Defendant
CWP Syracuse I LLC d/b/a Candlewood Suites Syracuse Airport, upon their registered
agent for service, Capitol Services, Inc., 1218 Central Avenue, Suite 100, Albany, New York
12205 on or before the____ day of May 2023, shall be deemed good and sufficient service;
and it is further
ORDERED, that pursuant to Section 7804(c) of the Civil Practice Law and Rules,
a verified answer and supporting affidavits, if any, shall be served upon the Office of the
Onondaga County Attorney, counsel for Petitioners-Plaintiffs at their offices at 421
Montgomery Street, 10th Floor, Syracuse, New York 13202 at least five (5) days before
the return date of this application.
Dated: Syracuse, New York

May ___, 2023
ENTER:
__________________________________
HON.
Justice of the Supreme Court

Filed Lawsuit - Onondaga County Vs NYC

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CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.) INDEX NO.

INDEX NO. UNASSIGNED

SUPREME COURT OF THE STATE OF NEW YORK

In the Matter of the Application of THE COUNTY OF Index No.

THE CITY OF NEW YORK, ERIC ADAMS, in his

For a Judgment pursuant to Article 78 and for a

Petitioners-Plaintiffs THE COUNTY OF ONONDAGA and KATHYRN ANDERSON,

by transporting and/or housing of hundreds, and possibly more, individuals experiencing

Transfer"), to a proposed temporary shelter at the Respondent Candlewood Suites Syracuse-

5, 2023 ("EO 398").

4. Mayor Adams' enactment of EO 398 was part of a fundamentally flawed process

borders, nor could it.

7. Petitioners-Plaintiffs oppose the City Respondents' illegal and misguided attempts

following the rules in place for managing such issues.

planned to make the aforementioned transfer of individuals experiencing homelessness.

9. The Proposed Transfer would, overnight, unmanageably increase the County's

to Onondaga County, all with no viable plan going forward.

issue, deeply problematic, and illegal.

12. Accordingly, the City Respondents determinations to implement the Proposed

extent transfers have already taken place.

13. Similarly, Candlewood should be temporarily and permanently enjoined from

as the underlying Proposed Transfer plan is ultra vires.

14. Petitioner-Plaintiff COUNTY OF ONONDAGA is a municipal corporation duly

15. Petitioner-Plaintiff KATHRN ANDERSON, MD PhD, MSPH, is the Onondaga

County Commissioner of Health.

16. Respondent-Defendant CITY OF NEW YORK is a municipal corporation

services district under Social Services Law § 61(1).

York and chief executive officer of the City.

18. Respondent-Defendant MOLLY WASOW PARK is the Commissioner of the New

19. Respondent-Defendant CWP SYRACUSE I LLC, d/b/a Candlewood Suites

d/b/a Candlewood Suites Syracuse-Airport.

JURISDICTION AND VENUE

consequences of the actions of the Respondents-Defendants are taking place.

required to bear by law.

23. The Petitioners-Plaintiffs are further directly injured by the Respondents-

STATUTORY BASIS FOR AUTHORITY

26. In a press release dated May 5, 2023, Respondent-Defendant Adams announced a

stable life in New York State."

shelter system for asylum seekers in counties outside its jurisdiction.

A. The City of New York Establishes an Illegal Homeless Shelter in Onondaga

expressly increase New York City homeless shelter capacity.

housing within Onondaga County."

the County is presently unaware.

34. Presently, the County serves a homeless population of approximately 350

individuals, including families and single adults.

and far exceeds its present demands and infrastructure.

temporary homeless shelter.

41. In conducting themselves as aforementioned, Respondents-Defendants are seeking

42. The Respondents-Defendants have established a temporary homeless shelter

B. The Court Should Enter a Preliminary Injunction While the Proceeding is

likelihood of success on the merits.

45. Second, Petitioners establish irreparable harm because, absent a preliminary

will likely become a County responsibility for years, if not permanently.

50. Furthermore, the Candlewood lacks the infrastructure to support a permanent,

temporary support is inevitably withdrawn.

51. Accordingly, in failing to follow application regulations and appropriate

procedures, the Respondents-Defendants will cause irreparable harm to the Petitioners-Plaintiffs,

53. It would be inequitable, if not unconscionable, to allow the Proposed Transfer to

homeless individuals placed illegally in the County.

54. Moreover, the prejudice to Petitioners-Plaintiffs in allowing the Proposed Transfer

AS AND FOR A FIRST CAUSE OF ACTION

56. Respondents-Defendants cannot operate The Candlewood as a temporary shelter

for adults outside the geographical boundaries of the City.