Matter of Restaurant Action Allicance NYC v City of New York
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Matter of Restaurant Action Allicance NYC v City of New York 2015 NY Slip Op 31158(U) July 7, 2015 Supreme Court, New York County Docket Number: 100734/15 Judge: Margaret A. Chan Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [* 1] SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY HON.MARGARETA.CHAN PART 5"2- Justice INDEXNO. ( oot24-l 1s - MOTION DATE _ _ __ •V• MOTION SEQ. NO. o-t> 1- The following papers, numbered 1 t o _ , were read on this motion tolfur-___ l\J\...,,~.1.M-1....:...;;..-=-------Notlce of Motion/Order to Show Cause -Affidavits - Exhibits Answering Affldav1*9- E x h i b i t s - - - - - - - - - - - - - - - - Replylng Affldavits _ _ _ _ _ _ _ _ _ __ _ , . - - - - - - - - ' ' l I No(s)•.__.._ _ __ I No(s). _2_-3___ ..... INo(s). _ _ _ __ Upon the foregoing papers, It is ordered that this motion 11 ll0110N DETERMINED PURSUANT TO ANNEXED DECISION AND ORDER Dated: .~.c. HON.MARGARETA.CHAN 1. C.HECK ONE: ..................................................................... 2. CHECK AS APPROPRIATE: ...........................MOTION IS: 3. CHECK IF APPROPRIATE: ........:....................................... 0 CASE DISPOSED ~ON-FINAL DISPOSITION 0 GRANTED ~ENIED 0 GRANTED IN PART 0 OTHER 0 SETTLE ORDER 0 SUBMIT ORDER 0 DO NOT POST 0 FIDUCIARY APPOINTMENT 0 REFERENCE [* 2] SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY: PART 52 Index#: 100734/15 In the Matter of the Application of RESTAURANT ACTION ALLICANCE NYC, CECILIO ALBAYERO, JOSE CASTILLO, MAXMILIANO GONZALES, ANDRES JAVIER· MORALES, ARISMENDY JEREZ, TONY JUELA, RUPERTO MOROCHO, ASTRID PORTILLO, LUCIANO RAMOS, SERGIO SANCHEZ, ESMERALDA VALENCIA, PLASTICS RECYCLING INC., DART CONTAINER CORPORATION, PACTIV LLC, GENPAK LLC, COMMODORE PLASTICS LLC, and REYNOLDS CONSUMER PRODUCTS LLC, DECISION and ORDER Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, ·against- THE CITY OF NEW YORK; KATHRYN GARCIA, in her official capacity as Commissioner of the New York Department of Sanitation; the NEW YORK CITY DEPARTMENT OF SANITATION, a charter-mandated agency; and BILL DE BLASIO, in his official capacity as Mayor of the City of New York, FIL.1··0 JUL4 1 0 20.15 NEWtoilK:·. COUNTY CLERK'S <.>FF91 Respondents. Margaret A Chan, J.: In this Article 78 proceeding, petitioners seek to overturn respondents' determination to ban the use of expanded polystyrene for food service items. An environmental organization known as Natural Resources Defense Council, Inc. (NRDC) moves for leave to intervene in this proceeding. Pursuant to CPLR § 1013, the court has discretion to permit a non-party to intervene when a state statute confers a right or when the non-party's claim or defense has common questions of law or fact. NRDC has substantial interest in this proceeding as its mission is to conserve and protect the environment. NRDC also claims an involvement in the enactment of Local Law 142 through which Page 1of2 Restaurant Action Alliance NYC v City Index# 100734/2015 [* 3] • respondents issued the ban. NRDC argued that because it helped governmental agencies pass Local Law 142, it is an interested party. It further opined that given its in-depth knowledge about recycling and Local Law 142, its intervention is warranted so to continue its help to government agencies and this court in this matter. The court notes NRDC's focused commitment to environmental issues and the liberal reading of CPLR § 1013. However, NRDC's substantial interest in environmental issues does not confer it party status as it has neither a claim nor a defense in the question at issue in this Article 78 proceeding-whether respondents' determination under Local Law 142 was arbitrary or capricious. NRDC's wish to continue assisting governmental agencies in this proceeding is not hampered in anyway without intervening as there are other means for it to render its assistance, such as submitting an amicus curiae brief. While NRDC also wishes to assist the court, this court must pass on NRDC's thoughtfulness. A factor to consider in determining whether to grant intervention is the delay it would cause. As this is a time sensitive issue where the original parties may be prejudiced, denying leave for NRDC to intervene is appropriate here (see Ocelot Capital Management, LLC v Hershkovitz, 90 AD3d 464, 465 [1st Dept 2011]). Accordingly, NRDC's motion to intervene is denied. This constitutes the decision and order of the court. Dated: July 7, 2015 Page 2of2 Restaurant Action Alliance NYC v City Index# 100734/2015 ... [* 4] a '3 Ji ' . I ! ··'' - .-..,.
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