Dear COBA Members;

Late today we received US District Court Judge Joanna Seybert's decision on our Motion to Reconsider her denial of the NIFA Lawsuit.

Judge Seybert denied all of Nassau's Unions' motions for reconsideration. In her decision, she ruled that of the four arguments raised, three were merely a rehash of the original motion for summary judgment and that such rehash is not appropriate for a Motion for Reconsideration.  

As to the fourth issue, arguing that a New York Court of Appeals decision issued after the summary judgment motions were submitted warranted reevaluation of whether public authorities (NIFA) were to be considered "States" for Constitutional Contracts Clause purposes, she stated we were simply wrong. We are now done with Judge Seybert's Court.  

We now continue on with our appeal to the Second Circuit Federal Court of Appeals. Remember the 2nd Circuit can back up the lower court's decision and not hear new arguments, at which point we've reached the end of the road. Or they can choose to hear the case and we argue our case again with the Federal Appeals Panel.  

I will keep you posted of all developments.

Brian Sullivan, COBA President