Updated legal documents in the lawsuit vs school budget cuts: Tucker et. al. vs the City of NY

On July 18, 2022,  four parents and teachers filed a lawsuit in the Manhattan Supreme Court on July 18, 2022 to block the Mayor’s budget cuts to schools in the case Tucker et. al. vs the City of NY.  Subsequently, the New York City Civil Liberties Union filed an amicus brief in the case.

The plaintiffs asked that the City Council  have an opportunity to hold a revote on the education budget, as their approval of the budget had illegally preceded the vote of the Panel for Educational Policy. More on this lawsuit here.

On August 5, 2022 Judge Lyle Frank of the Supreme Court held in favor of the plaintiffs and ruled that last year’s budget would have to be restored until and unless the City Council held a revote on the budget.  Yet the city appealed his decision and the Appellate Court granted the city an automatic stay.  Arguments in the lawsuit were heard in the Appellate Court on Sept. 29, 2022, and on Nov. 22, 2022, the Appellate Court ruled that though the City and the DOE had indeed violated the law, they would not require them to restore the budget cuts or hold another vote of the City Council, merely require them to adhere to the law in the future.

Most of the relevant legal filings are below.


July 18, 2022

Verified Petition.

Order to show cause.

Sarah Brooks affidavit.

Paul Trust affidavit.

Melanie Kotler affidavit.

Tamara Tucker affidavit.

Thomas Sheppard affidavit.

Leonie Haimson affidavit.

Laura Barbieri affidavit.

Memo of Law.



July 22, 2022

Judge Lyle Frank’s Temporary Restraining Order.


July 25, 2022

The City’s request to reconsider and vacate the Temporary Restraining Order (TRO).

AFFIRMATION in Support of application to vacate preliminary injunction

Affidavit in opposition to Motion for interim Relief

Respondents Memo of Law in Support of Application to vacate court order of July 22, 2022


July 26, 2022

The Petitioners’ response to the City’s request to vacate the TRO

Affirmation of Laura D. Barbieri in support of Memo of Law in Opposition to Respondents motion to vacate TRO

Memorandum of Law in opposition to respondents’ motion to vacate the TRO

Melanie Kotler 2nd Affidavit

Nequan McLean Affidavit

Paul Trust 2nd Affidavit

Tamara_Tucker_2nd Affidavit

Leonie Haimson 2nd Affidavit (response to city’s claims)

Camille Casaretti Affidavit




July 27, 2022

Judge Lyle Frank’s denial of City’s request to vacate the TRO


July 28, 2022

The City’s Appeal to the Appellate Court to vacate the TRO


July 30, 2022

Appellate Judge Bahaati E. Pitt rejection of City’s request to vacate the TRO #1

Appellate Judge Bahaati E. Pitt rejection of City’s request to vacate the TRO #2


August 4, 2022

Eyewitness account of State Supreme Court hearing

City letter to Judge Frank

Petitioners submission to Judge Frank


August 5, 2022

Judge Lyle Frank court order


August 9, 2022

Appellate Court order granting an automatic stay


August 23, 2022

NYC Appellant brief


August 25, 2022

NYCLU Amicus brief in support of the petitioners

All the other Appellate briefs are posted here.


August 29, 2022

Appellate  hearings are scheduled for Thursday, Sept. 29.  Only the attorneys are allowed in the courtroom but observers are able to watch the proceedings via  the live stream  or YouTube, starting at about 2 PM for all the cases on the docket that afternoon.  The calendar of cases is here;  Tucker vs. City of NY is listed 17th out of 20 cases, so the oral arguments are not likely to start before about 3 PM.


November 22,2022

Appellate Court Decision.

Press release from the attorney, the plaintiffs, parent leaders and advocates.

Categories Reports & Memos, Uncategorized, Updates | Tags: | Posted on July 18, 2022

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