State Senator George Borrello announcing lawsuit against Governor Hochul, NYS Department of Health
A request by New York State to move a lawsuit about changes to the Department of Health regulations from state to federal court has been denied.
State Senator George Borrello is part of a lawsuit filed in Cattaraugus County Supreme Court over the State Department of Health making an emergency regulation permanent that establishes isolation and quarantine procedures for those suspected of having a communicable disease.
Borrello said Governor Kathy Hochul had requested that the lawsuit be moved to federal court, “Because part of our lawsuit mentions due process and the constitutional right to due process. So they tried to change court venues from a state court to the federal court. The federal court judge that was assigned the case immediately threw it back to the state.”
Borrello said at issue is the state and department of health trying to create their own rules about how and when a person can be quarantined for illness, including having the ability to remove a person from their own home without due process, “Without actually having to prove anything. The reason being they could be suspected of potentially being exposed to a communicable disease. No proof required. No due process outlined and they could be detained for an indeterminate amount of time without ever going before a judge.”
Borrello said he believes his case is strong because there already was a bill introduced in the State Assembly before the Pandemic with similar provisions that was pulled because of lack of support. He said with Governor Hochul trying to essentially create a new law and by-passing the state legislature that she’s in violation of the separation of powers.
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