In the Matter of Specht v. Town of Cornwall, New York

Decision Date06 December 2004
Docket Number2003-10326.
Citation786 N.Y.S.2d 546,13 A.D.3d 380,2004 NY Slip Op 09080
PartiesIn the Matter of GWEN SPECHT, Respondent, v. TOWN OF CORNWALL, NEW YORK, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

The order of the Supreme Court directed the parties to settle a judgment calculating the petitioner's back pay. This order is nonfinal and is appealable only by permission (see Matter of Coppola v Good Samaritan Hosp. Med. Ctr., 296 AD2d 460 [2002]). Nevertheless, we grant leave to appeal in order to reach the merits (see Matter of Ford v Zoning Bd. of Appeals of City of Long Beach, 7 AD3d 797 [2004]).

The petitioner, a probationary employee of the appellant Town of Cornwall, New York (hereinafter the Town), was terminated from her employment as a police dispatcher for the Town Police Department due to poor performance. Acting upon the request of the Chief of Police, the Town Board, in executive session (see Public Officers Law § 105 [1] [f]), unanimously voted to terminate the petitioner's employment. The Town Board failed, however, to record its determination in the minutes of the executive session in violation of the Open Meetings Law (see Public Officers Law § 106 [2]). The Supreme Court determined that this statutory violation required annulment of the Town Board's determination. We disagree.

Pursuant to Public Officers Law § 107 (1), the Supreme Court possessed the discretion, upon good cause shown, to annul the Town Board's determination terminating the petitioner's employment as a result of the Town Board's violation of the Open Meetings Law. However, where there has been a nonprejudicial, technical violation of the Open Meetings Law in connection with the termination of the employment of...

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4 cases
  • Lynch v. N.Y.C. Civilian Complaint Review Bd.
    • United States
    • New York Supreme Court — Appellate Division
    • June 28, 2022
    ...548, 549, 898 N.Y.S.2d 839 [1st Dept. 2010], lv denied 16 N.Y.3d 703, 2011 WL 446281 [2011] ; Matter of Specht v. Town of Cornwall, 13 A.D.3d 380, 381, 786 N.Y.S.2d 546 [2d Dept. 2004] ).Petitioners have not demonstrated that the CCRB intentionally excluded them from its meetings (see Fiche......
  • Cutler v. Town of Mamakating
    • United States
    • New York Supreme Court — Appellate Division
    • March 3, 2016
    ...did not "appropriate public moneys" (Public Officers Law § 105[1] ; see Public Officers Law § 106[2] ; Matter of Specht v. Town of Cornwall, 13 A.D.3d 380, 381, 786 N.Y.S.2d 546 [2004] ; Town of Moriah v. Cole–Layer–Trumble Co., 200 A.D.2d 879, 881, 606 N.Y.S.2d 822 [1994] ). Nevertheless, ......
  • Davids v. City of New York, 2009 NY Slip Op 30581 (N.Y. Sup. Ct. 3/13/2009)
    • United States
    • New York Supreme Court
    • March 13, 2009
    ...purposes, the procedural breach rarely has been found insufficient to support a finding of bad faith. See, e.g., Specht v, Town of Cornwall, 13 A.D.3d 380, 381 (2d Dep't 2004) (holding that respondents did not act in bad faith when they violated a procedural rule's text), Glenn v. State Uni......
  • In the Matter of Schaffer v. Babylon Union-Free School District, 2003-01314.
    • United States
    • New York Supreme Court — Appellate Division
    • December 6, 2004
    ... ... Appellate Division of the Supreme Court of the State of New York, Second Department ... December 6, 2004 ...         Proceeding ... ...

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