Press Release
Press Release
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
09.13.16
On September 9, Pillsbury and public interest law firm MFY Legal Services Inc. obtained final approval of a settlement negotiated on behalf of a plaintiff class seeking injunctive relief to change the policies and procedures of New York City’s paratransit program. U.S. District Court Judge Jesse M. Furman of the Southern District of New York found the settlement to be both substantively and procedurally fair and reasonable and in the best interests of the plaintiff class. The approved settlement will implement improvements to the eligibility and appeals processes of New York City’s Access-A-Ride shuttle service.
Under the settlement, New York City Transit Authority must now give the specific reason for its denial of an application and provide the applicants' case files to them for free prior to hearings around the appeals of the denials. In addition, for applicants who apply to recertify their eligibility and are denied, NYCTA will now continue to provide services until the appeals are decided—including transportation to in-person appeal hearings. In the event the administrative appeal is denied, NYCTA must inform applicants they are entitled to pursue a further appeal in court.
Judge Furman also approved service awards of $2,500 to each of the five named plaintiffs, as well as attorneys’ fees and costs of $290,000 relating to the litigation. It is expected that a significant portion of the fee award will go to MFY and that the balance will go to the Pillsbury Foundation for charitable causes.
“I think everybody has done an admirable job in getting us where we are,” Judge Furman said at the fairness hearing, “and I hope the settlement provides real relief to the people who will benefit from it and will serve the interest of many New Yorkers.”
Senior associate Jay Dealy and partner David Keyko led the Pillsbury team advising on this matter. Associate Amanda Senske and paralegal Liza Joglar were also heavily involved.
MFY Legal Services is a nonprofit organization that provides a wide range of free civil legal services to low-income New Yorkers and focuses extensively on protecting the rights of people with disabilities. It works closely with organizations that serve New Yorkers with disabilities and conducts Access-A-Ride Legal Clinics to help people to access services and file appeals if they are improperly denied.