COBA appeared along with our Attorneys in Federal Court on Tuesday, Feb 14th, in Central Islip before Judge Leonard Wexler along with the Union Leadership and attorneys for all 3 Police Unions and the CSEA. Judge Wexler asked if any issues remain in the State Courts? He was advised that all court actions were exhausted in the State system and that Plaintiffs (us) were not successful regarding the Statutory Issues.
The game plan was to make a Motion for Summary Judgement based on all previously submitted testimony and briefs in the Federal Case. Judge Wexler ruled "No" to a Summary Judgement on the argument presented, citing that he wants the "Complaint" and all "Briefs" resubmitted, omitting all reference to the State Issue and State proceedings.
It is our general opinion that Judge Wexler wants the argument regarding the "Constitutional Issue" surrounding this case to be presented on its own without the particulars of the State Complaint clouding the argument. The current Federal Complaint contains elements of the State argument that Judge Wexler wants excluded from the amended Complaint.
Judge Wexler directed that the Amended Complaint and all Briefs be submitted to him by March 31st, after which a new Court date will be set. We are on hold until then.
Brian Sullivan, President

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