DeGroat v. Whalen
| Decision Date | 26 January 2022 |
| Docket Number | 2018–02952 ,Index Nos. 33896/15,33897/15,33898/15,33899/15,33901/15,33902/15,33903/15,33904/15,33905/15,33906/15,33907/15 |
| Parties | Stephen DEGROAT, etc., et al., respondents, v. Paul WHALEN, appellant. (Action No. 1) Stephen DeGroat, etc., et al., respondents, v. John Maloney, appellant. (Action No. 2) Stephen DeGroat, etc., et al., respondents, v. Noramie Jasmin, appellant. (Action No. 3) Stephen DeGroat, etc., et al., respondents, v. Christopher P. St. Lawrence, appellant. (Action No. 4) Stephen DeGroat, etc., et al., respondents, v. Bernard L. Jackson, appellant. (Action No. 5) Stephen DeGroat, etc., et al., respondents, v. Demeza Delhomme, appellant. (Action No. 6) Stephen DeGroat, etc., et al., plaintiffs, v. George Darden, defendant. (Action No. 7) Stephen DeGroat, etc., et al., respondents, v. Craig Flanagan, appellant. (Action No. 8) Stephen DeGroat, etc., et al., respondents, v. Daniel O'Leary, appellant. (Action No. 9) Stephen DeGroat, etc., et al., plaintiffs, v. Mark Reimer, defendant. (Action No. 10) Stephen DeGroat, etc., et al., plaintiffs, v. Thomas Kleiner, defendant. (Action No. 11) |
| Court | New York Supreme Court — Appellate Division |
201 A.D.3d 875
157 N.Y.S.3d 733 (Mem)
Stephen DEGROAT, etc., et al., respondents,
v.
Paul WHALEN, appellant.
(Action No. 1)
Stephen DeGroat, etc., et al., respondents,
v.
John Maloney, appellant.
(Action No. 2)
Stephen DeGroat, etc., et al., respondents,
v.
Noramie Jasmin, appellant.
(Action No. 3)
Stephen DeGroat, etc., et al., respondents,
v.
Christopher P. St. Lawrence, appellant.
(Action No. 4)
Stephen DeGroat, etc., et al., respondents,
v.
Bernard L. Jackson, appellant.
(Action No. 5)
Stephen DeGroat, etc., et al., respondents,
v.
Demeza Delhomme, appellant.
(Action No. 6)
Stephen DeGroat, etc., et al., plaintiffs,
v.
George Darden, defendant.
(Action No. 7)
Stephen DeGroat, etc., et al., respondents,
v.
Craig Flanagan, appellant.
(Action No. 8)
Stephen DeGroat, etc., et al., respondents,
v.
Daniel O'Leary, appellant.
(Action No. 9)
Stephen DeGroat, etc., et al., plaintiffs,
v.
Mark Reimer, defendant.
(Action No. 10)
Stephen DeGroat, etc., et al., plaintiffs,
v.
Thomas Kleiner, defendant.
(Action No. 11)
2018–02952
Index Nos. 33896/15
33897/15
33898/15
33899/15
33901/15
33902/15
33903/15
33904/15
33905/15
33906/15
33907/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 30, 2021
January 26, 2022
Stepanovich Law, LLP, Nanuet, NY (Dennis E.A. Lynch of counsel), for appellants.
Thomas E. Humbach, County Attorney, New City, NY, for respondents.
COLLEEN D. DUFFY, J.P., FRANCESCA E. CONNOLLY, SYLVIA O. HINDS–RADIX, LARA J. GENOVESI, JJ.
DECISION & ORDER
In related actions, in effect, for money had and received, the
defendants in Action Nos. 1, 2, 3, 4, 5, 6, 8, and 9 appeal from an order of the Supreme Court, Rockland County (Thomas E. Walsh II, J.), dated December 21, 2017. The order, insofar as appealed from, granted those branches of the plaintiffs’ motion which were for summary judgment on the complaints in Action Nos. 1, 2, 4, 5, 6, 8, and 9, and the amended complaint in Action No. 3, and denied those branches of the defendants’ motion which were, inter alia, for summary judgment dismissing the complaints in Action Nos. 1, 2, 4, 5, 6, 8, and 9, and the amended complaint in Action No. 3.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Paul Whalen, John Maloney, Noramie Jasmin, Christopher P. St. Lawrence, Bernard L. Jackson, Demeza Delhomme, Craig Flanagan, and Daniel O'Leary, the defendants in Action Nos. 1, 2, 3, 4, 5, 6, 8, and 9, respectively (hereinafter collectively the appellants), were at all relevant times elected public officials in Rockland County. Pursuant to their duties as elected officials, the appellants also served on the Board of Commissioners of Rockland County Sewer District No. 1 (hereinafter the Sewer Board). At various points from 2009 to 2015, the appellants received compensation for their services rendered on the Sewer Board despite a provision of the Rockland County Code that prohibited such payments.
In August 2015, the plaintiffs, Stephen DeGroat, as Commissioner of the Rockland County Department of Finance, and the County of Rockland, commenced actions against, among others, the appellants to recover the compensation they received from the Sewer Board on the basis that such payments were made in violation of Rockland County Code § 165–5(E). The plaintiffs moved, inter alia, for summary judgment on the complaints and the amended...
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