Background:  NYLAG filed Rivera v. Bane in New York State Supreme Court in 1994.  Following trial, the Court ordered the City (the New York City Human Resources Administration (“HRA”)) to provide copies of evidence packets before fair hearings when timely requested by a fair hearing appellant. In June 2003, the City moved to vacate the judgment and dismiss the case because the State regulation on which the Court based its ruling had been changed.  Petitioners opposed the City’s motion, moved for intervention and re-moved for class certification based on the City’s failure to produce all requested files in a timely fashion.

After extensive settlement negotiations, a settlement was approved by the Court in 2005 which modified the time-frame in which the City is required to provide requested evidence packets.  In addition, petitioners received monitoring reports and retained the ability to seek compliance for two additional years.  Petitioners moved for extension of the 2005 Stipulation due to the City’s failure to provide all required monitoring information.  City Defendant subsequently provided the monitoring information which indicated that the City was in compliance.  In 2011, the case was completed.

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