Sullivan Cnty. Patrolmen's Benevolent Ass'n, Inc. v. N.Y.S. Pub. Emp't Relations Bd.
Decision Date | 09 January 2020 |
Docket Number | 528946 |
Parties | In the Matter of SULLIVAN COUNTY PATROLMEN'S BENEVOLENT ASSOCIATION, INC., Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
179 A.D.3d 1270
117 N.Y.S.3d 709
In the Matter of SULLIVAN COUNTY PATROLMEN'S BENEVOLENT ASSOCIATION, INC., Petitioner,
v.
NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.
528946
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: November 13, 2019
Decided and Entered: January 9, 2020
The Tuttle Law Firm, Clifton Park (James B. Tuttle of counsel), for petitioner.
David P. Quinn, Public Employment Relations Board, Albany (Ellen M. Mitchell of counsel), for New York Public Employment Relations Board, respondent.
Roemer Wallens Gold & Mineaux LLP, Albany (Earl T. Redding of counsel), for County of Sullivan and another, respondents.
Before: Mulvey, J.P., Devine, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
Aarons, J.
Proceeding pursuant to CPLR article 78 (partially transferred to this Court by order
of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board dismissing petitioner's improper employer practice charge.
Petitioner, the collective bargaining representative for the Sullivan County Sheriff's Office, filed two improper employer practice charges against respondents County of Sullivan and the Sullivan County Sheriff (hereinafter collectively referred to as the County respondents). Following a hearing, the Administrative Law Judge issued a decision finding that the County respondents were guilty of one charge but dismissed the other charge. The County respondents filed exceptions thereto and, upon administrative appeal, respondent Public Employment Relations Board (hereinafter PERB) reversed the Administrative Law Judge's determination.
In May 2018, petitioner commenced this CPLR article 78 proceeding solely against PERB seeking to annul its determination. On June 21, 2018, petitioner filed an amended petition adding the County respondents as parties. The County respondents answered and, as an objection in point of law, asserted that the amended petition was untimely. Petitioner replied to this objection by relying on the relation back doctrine. PERB submitted a reply arguing that if Supreme Court agreed with
the County respondents' untimeliness objection, the amended petition should be dismissed against it due to petitioner's failure to join necessary parties. Supreme Court dismissed the amended petition insofar as asserted against the County respondents because it was not timely filed and transferred the remaining portion to this Court (see CPLR 7804[g] ).
As pertinent here, an aggrieved party seeking judicial review of a final order issued by PERB must commence a...
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