Parker v. Town of Alexandria
| Decision Date | 29 April 2016 |
| Docket Number | 347 CA 15-01068. |
| Citation | 138 A.D.3d 1467,31 N.Y.S.3d 717,2016 N.Y. Slip Op. 03341 |
| Parties | Stanley PARKER, Fairman Sutton, David Bain, Ellen Peck, Douglas Williams and Alcid Beaudin, Plaintiffs–Appellants, v. TOWN OF ALEXANDRIA, Defendant–Respondent. |
| Court | New York Supreme Court — Appellate Division |
138 A.D.3d 1467
31 N.Y.S.3d 717
2016 N.Y. Slip Op. 03341
Stanley PARKER, Fairman Sutton, David Bain, Ellen Peck, Douglas Williams and Alcid Beaudin, Plaintiffs–Appellants,
v.
TOWN OF ALEXANDRIA, Defendant–Respondent.
347 CA 15-01068.
Supreme Court, Appellate Division, Fourth Department, New York.
April 29, 2016.
Campany, Young & McArdle, PLLC, Lowville (Kevin M. McArdle of Counsel), for Plaintiffs–Appellants.
Slye & Burrows, Watertown (Robert J. Slye of Counsel), for Defendant–Respondent.
PRESENT: SMITH, J.P., DeJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ.
MEMORANDUM:
Plaintiffs commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking a declaration that Local Law No. 2 of 2014 (2014 Law) was invalid; an injunction preventing defendant, Town of Alexandria (Town), from implementing the 2014 Law; and damages for the health insurance costs that they may have incurred as a result of the Town's adoption of the 2014 Law. In its answer, the Town contended that the 2014 Law was invalid and also contended that Local Law No. 2 of 2009 (2009 Law) and a resolution of the Town Board of the Town, dated August 10, 2011 (2011 Resolution), were invalid. The Town thus sought declarations that the 2009 Law, the 2011 Resolution and the 2014 Law were invalid and that certain plaintiffs were not entitled to the healthcare insurance benefits provided by those legislative enactments.
We note at the outset that, as the Town correctly contends, this is properly only a declaratory judgment action in view of the relief sought by plaintiffs and by the Town in its counterclaim (see Centerville's Concerned Citizens v. Town Bd. of Town of Centerville, 56 A.D.3d 1129, 1129, 867 N.Y.S.2d 626 ). Indeed, both plaintiffs and the Town are challenging only the validity of the legislative enactments, and “[i]t is well established that [a
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