Quirk v. Lippman

Decision Date14 December 2017
Docket NumberIndex 100129/15,5217
Citation68 N.Y.S.3d 39,156 A.D.3d 516
Parties In re Dennis W. QUIRK, etc., Petitioner–Appellant–Respondent, v. Hon. Jonathan LIPPMAN, etc., Respondent–Respondent–Appellant.
CourtNew York Supreme Court — Appellate Division

Law Offices of David Schlachter, Uniondale (David Schlachter of counsel), for appellant-respondent.

John W. McConnell, New York (Pedro Morales of counsel), for respondent-appellant.

Friedman, J.P., Kahn, Gesmer, Kern, Moulton, JJ.

Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered July 21, 2016, denying the petition as time-barred to the extent it seeks retroactive salary adjustments and granting it to the extent it seeks "prospective relief," unanimously modified, on the law, to deny the petition as time-barred as to "prospective relief," and otherwise affirmed, and the proceeding is dismissed, without costs.

Petitioner, individually and as president of the New York State Court Officers Association (N.Y.SCOA), seeks to compel respondent to pay NYSCOA members a salary adjustment retroactive to December 22, 2004, following O'Neill v. Pfau (31 Misc.3d 184, 915 N.Y.S.2d 465 [Sup. Ct., Suffolk County 2011], affd as modified 101 A.D.3d 731, 955 N.Y.S.2d 618 [2d Dept. 2012], affd 23 N.Y.3d 993, 993 N.Y.S.2d 666, 18 N.E.3d 377 [2014] ) ( O'Neill ). As this proceeding was commenced nearly a decade after petitioner and the NYSCOA members were aggrieved by respondent's challenged administrative order, it is time-barred.

In O'Neill, a group of Suffolk County court officers challenged an administrative order issued by respondent in January 2004 that reclassified various court officers' employment titles, affecting their compensation, and an administrative order issued December 22, 2004, that made an upward salary adjustment to those titles, retroactive to January 2004. The petitioners argued that the effect of applying the December 2004 order retroactively would be to deprive them of a year of continuous service credit to which they otherwise would be entitled. On April 6, 2005, respondent issued pay checks reflecting the salary adjustments ordered in December 2004, without continuous service credit.

The Suffolk County petitioners commenced their proceeding on July 22, 2005. Ultimately it was determined, inter alia, that respondent had acted arbitrarily and without a rational basis in making the December 2004 order retroactive to January 2004. The Court of Appeals issued its decision in O'Neill in June 2014, and some three months later respondent made retroactive payments to the Suffolk County court officers in accordance with the decision.

Petitioner then requested that respondent recalculate the salaries of NYSCOA members in accordance with O'Neill. Respondent refused, and in January 2015 petitioner commenced this proceeding.

A cause of action challenging an administrative body's payment of salary or pay adjustments accrues when the petitioner receives a check or salary payment reflecting the relevant...

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2 cases
  • Imandt v. N.Y.S. Unified Court Sys.
    • United States
    • New York Supreme Court — Appellate Division
    • January 30, 2019
    ...December 2004 administrative order pursuant to CPLR article 78, the petition is untimely by almost 10 years (see Matter of Quirk v. Lippman, 156 A.D.3d 516, 517, 68 N.Y.S.3d 39 ). The causes of action seeking declaratory relief are similarly time-barred. Where a declaratory judgment action ......
  • Salomon v. Town of Wallkill
    • United States
    • New York Supreme Court — Appellate Division
    • July 17, 2019
    ...18 N.E.3d 377 ; Matter of Imandt v. New York State Unified Ct. Sys., 168 A.D.3d 1051, 1052, 93 N.Y.S.3d 343 ; Matter of Quirk v. Lippman, 156 A.D.3d 516, 517, 68 N.Y.S.3d 39 ; Matter of Maurer v. State Emergency Mgt. Off., 13 A.D.3d 751, 753, 786 N.Y.S.2d 620 ). Contrary to the petitioner's......

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