Suffolk Cnty. Ass'n of Mun. Emps., Inc. v. Levy
| Decision Date | 12 November 2015 |
| Citation | 20 N.Y.S.3d 114,133 A.D.3d 676 |
| Parties | In the Matter of SUFFOLK COUNTY ASSOCIATION OF MUNICIPAL EMPLOYEES, INC., appellant, v. Steve LEVY, etc., et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
Meyer, Suozzi, English & Klein, P.C, New York, N.Y. (Barry J. Peek, Hanan B. Kolko, and Max H. Sicherman of counsel), for appellant.
Lamb & Barnosky, LLP, Melville, N.Y. (Richard K. Zuckerman and Matthew J. Mehnert of counsel), for respondents.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, ROBERT J. MILLER, and SYLVIA O. HINDS–RADIX, JJ.
In a proceeding pursuant to CPLR article 78, in effect, to review a determination of Alan Schneider, Personnel Director for the Suffolk County Department of Civil Service, dated June 29, 2010, and in the nature of mandamus, inter alia, to compel the respondents to treat employees of Suffolk County Community College as employees of Suffolk County for purposes of eligibility for promotions to positions with Suffolk County, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Asher, J.), dated July 9, 2013, which, upon, among other things, a decision of the same court dated March 28, 2013, denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, with costs.
The petitioner is a labor union representing employees of Suffolk County. Some of the petitioner's members work at Suffolk County Community College (hereinafter the College). Prior to 2010, the petitioner's members, including those working at the College, had been considered County employees with the right to seek promotions to positions inside and outside of the College pursuant to the Suffolk County Civil Service Rules. In 2009, the County and the College entered into a Sponsor Service Agreement and a Memorandum of Understanding of Procedures (hereinafter together the New Operating Agreement), which redefined the parameters of the relationship between the County and the College. A provision of the New Operating Agreement provided that the College and the County are independent entities and that neither entity's employees are to be deemed employees of the other entity.
In early 2010, Alan Schneider, Personnel Director for the Suffolk County Department of Civil Service (hereinafter the County DCS), determined that College employees would no longer be eligible for promotions to County positions, and that County employees would no longer be eligible for promotions to College positions. This determination was based upon his interpretation of the New Operating Agreement, by which he concluded that the College was to be considered a separate and distinct jurisdiction or municipality from the County for purposes of the Suffolk County Civil Service Rules. In a letter dated June 29, 2010, Schneider denied the petitioner's request to rescind that determination. The petitioner then commenced this CPLR article 78 proceeding.
The agency determination under review was not made after a quasi-judicial evidentiary hearing. In this circumstance, "courts examine whether the action taken by the agency has a rational basis and will overturn that action only where it is taken without sound basis in reason or regard to the facts, or where it is arbitrary and capricious"...
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