Police Benevolent Ass'n of N.Y.S., Inc. v. State
| Decision Date | 04 May 2017 |
| Citation | 55 N.Y.S.3d 457,150 A.D.3d 1375 |
| Parties | In the Matter of POLICE BENEVOLENT ASSOCIATION OF NEW YORK STATE, INC., Appellant, v. STATE of New York et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
150 A.D.3d 1375
55 N.Y.S.3d 457
In the Matter of POLICE BENEVOLENT ASSOCIATION OF NEW YORK STATE, INC., Appellant,
v.
STATE of New York et al., Respondents.
Supreme Court, Appellate Division, Third Department, New York.
May 4, 2017.
Gleason Dunn Walsh & O'Shea, Albany (Danielle L. Pennetta of counsel), for appellant.
Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for respondents.
Before: PETERS, P.J., GARRY, DEVINE, MULVEY and AARONS, JJ.
MULVEY, J.
Appeal from a judgment of the Supreme Court (Hard, J.), entered November 5, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition.
Petitioner is the exclusive bargaining representative for individuals employed as a university police officer (hereinafter UPO) by respondent State University of New York (hereinafter SUNY). In March 2015, petitioner commenced this CPLR article 78 proceeding on behalf of six UPOs seeking, among other things, an order annulling the temporary part-time appointment of respondent Brian Walsh as a UPO at respondent State University of New York, College of Environmental Science
and Forestry. Petitioner has alleged that the employment of Walsh violated Civil Service Law § 64, which bars temporary appointments in excess of three months, subject to certain exceptions. Respondents filed a pre-answer motion to dismiss the petition on the ground that petitioner did not exhaust its administrative remedies, citing a pending grievance filed by petitioner under a collective bargaining agreement (hereinafter the CBA) arising from the hiring of Walsh. Supreme Court granted the motion and dismissed the petition on the ground that the matter was not ripe for judicial review, finding that the grievance had not yet been decided. Petitioner now appeals.
We reverse. We find that the exhaustion of remedies principle is inapplicable and that the matter is ripe for judicial review. "[A] determination made by an administrative agency must first be challenged through every available administrative remedy...
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...the issue to be determined is purely a question of law" ( Matter of Police Benevolent Assn. of N.Y. State, Inc. v. State of New York, 150 A.D.3d 1375, 1376, 55 N.Y.S.3d 457 [2017] [internal quotation marks and citation omitted]; see Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52, 5......
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...the issue to be determined is purely a question of law" (Matter of Police Benevolent Assn. of N.Y. State, Inc. v State of New York, 150 A.D.3d 1375, 1376 [2017] [internal quotation marks and citation omitted]; see Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57 [1978]; Matter of ......
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