Rockland Hails Judge's Ruling In NYC Lawsuit Over Migrants

NEW YORK — A state Supreme Court judge ruled Wednesday to allow the venue for New York City's lawsuit against Orange and Rockland counties over "xenophobic" bans on temporary housing for asylum seekers to be moved to those jurisdictions, and dismissed Putnam County from the suit.

"I firmly believe a case that is about Rockland should be adjudicated and decided by judges elected by Rockland residents — which now thanks to this decision it will be," Rockland County Executive Ed Day said. "This is clearly a factually based common-sense decision by the Judge which gives us a fair and equal chance to receive justice in court."

NYC sued nearly half the state's counties in June over their attempts to keep out international migrants in an ongoing battle between city officials and local leaders.

New York City has struggled to care for an influx of asylum seekers in recent months, converting hotels and houses of worship to shelters as Mayor Eric Adams repeatedly declared that the city had reached its limit on new arrivals.

In May, the city's plan to bus hundreds of migrants to hotels north of the city became public and instantly controversial.

It triggered a cascade of emergency declarations by local officials, starting with Rockland and Orange counties in the Hudson Valley. The orders threatened criminal and financial penalties against New York City and any hotels or other businesses that aided in the relocation of migrants. Some county officials raised fears of crime or overcrowding, while others said they couldn't afford to provide care for the migrants if the city stopped paying for the hotel rooms.

NYC's lawsuit accused local officials of seeking to "wall off their borders" to asylum seekers through "xenophobic" executive orders that violate state and federal law.

"These counties have implemented misguided and unlawful executive orders premised on false claims that the prospect of a few hundred asylum seekers sheltered at the city's expense across multiple counties constitute an emergency and imperil public safety," said Sylvia Hinds-Radiz, a lawyer for the city.

The decision Wednesday addressed the city's petition to consolidate actions pending in state Supreme Court in New York County and in other courts.

"The Court has already issued numerous orders with respect to 28 respondents named in the instant petition, accordingly the Court now addresses the remaining respondents, County of Rockland, New York, Edwin J. Day, in his official capacity as County Executive of Rockland County, County of Orange, New York, Steven M. Neuhaus, in his official capacity as County Executive of Orange County and County of Putnam, Kevin M. Byrne, in his official capacity as County Executive of Putnam County," Judge Lyle E. Frank wrote.

First, he noted, Putnam County did not extend its Executive Order. "Accordingly, as this Court
has held with similarly situated respondents, the petition is dismissed as against the Putnam
County respondents."

Putnam instead is making it illegal for any municipality outside the county to set up any kind of housing program in Putnam without an agreement in place.

Next, the judge ruled that lawyers for the city failed to establish any compelling circumstances to prevent Rockland and Orange counties from having their cases tried there.

Applicable statutes mandate the judicial proceeding or action against a county to be in said county or in the "judicial district where the respondent made the determination complained of," he said.

Rockland is fighting New York City's petition to have another case on the same subject moved away from a state Supreme Court judge in the county to a court in the city. About that case, Day said he didn't believe a judge in the city would act fairly.

SEE ALSO:

• NYC Sues 30 Counties Over 'Xenophobic' Migrant Relocation Bans
• Two Suits Filed To Stop NYC From Housing Migrants In Rockland
• Rockland Fights City's Request To Move One Migrant Shelter Case To NYC
• LI Town's State Of Emergency On Migrant Crisis Sparks Heated Response
• Seeking Asylum And work, Migrants Bused Out Of NYC Find Hostility
• Migrant Emergency Orders Are Unconstitutional: Federal Judge
• Putnam Could Become 'Rule of Law' County Under New Legislation