Bueno vs NYC DOE Nears Hearing Date

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Attorney Michael Sussman on the Case

Two NYC DOE Employees Removed From Work For Refusing In-School COVID Testing Get Their Day In Court

by Michael Kane

5-12-21

The case of BUENO vs NYC DOE challenging the NYC DOE in-school COVID testing regime for employees has finished the stage of written arguments. Below we have included all court-filed petitions and arguments as downloadable pdf files in chronological order. TEACHERS FOR CHOICE is sponsoring this litigation.

Our civil rights attorney Michael Sussman filed a complaint in New York State Supreme Court on March 10th. NYC DOE took nearly 2 months to reply by May 4th and subsequently Sussman responded back refuting DOE claims to the court on May 7th. We now await to hear guidance or judgement from the court. The case is scheduled to be heard for oral argument on May 19, 2021 and we do expect that hearing to occur

(update – the hearing did not occur and we still await to hear from the judge regarding the case – 7-12-21).

I am extremely pleased with the arguments put forth by Michael Sussman where he argues that the NYC DOE testing regime is arbitrary and capricious. It has long been established by the courts that the fundamental rights of Americans can be infringed upon to some extent when there is an urgent, pressing need. However it cannot be done in a manner that does not make sense. Our civil liberties cannot be thrown away like trash, as the NYC DOE has done to us (sadly with the full support of our unions). I am very excited to see this argued before a judge.

Below find all of the written documents of the case thus far in chronological order:

(1) Michael Sussman’s original notice of petition filed with the court on March 10, 2021

(2) NYC DOE response to the original notice of petition on May 4, 2021

(3) Sussman replies to NYC DOE response filed May 7, 2021