Sullivan Cnty. Patrolmen's Benevolent Ass'n, Inc. v. N.Y.S. Pub. Emp't Relations Bd.

Decision Date09 January 2020
Docket Number528946
Parties In the Matter of SULLIVAN COUNTY PATROLMEN'S BENEVOLENT ASSOCIATION, INC., Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.
CourtNew 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.

179 A.D.3d 1270

Proceeding pursuant to CPLR article 78 (partially transferred to this Court by order

117 N.Y.S.3d 710

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

179 A.D.3d 1271

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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7 cases
  • Nemeth v. K-Tooling
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Mayo 2022
    ...151 A.D.3d at 1520; see Matter of Sullivan County Patrolmen's Benevolent Assn., Inc. v New York State Pub. Empl. Relations Bd., 179 A.D.3d 1270, 1271 [2020]; Branch v Community Coll. of the County of Sullivan, 148 A.D.3d 1410, 1411-1412 [2017], lv denied 29 N.Y.3d 911 [2017]; Matter of Ayud......
  • Nemeth v. K-Tooling
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Mayo 2022
    ... ... brought against him or her" (Matter of Sullivan ... v Planning Bd. of the Town of ... Inc., 45 A.D.3d 1149, 1151 [2007]). Under the ... of Sullivan County Patrolmen's Benevolent Assn., Inc. v ... New York State Pub. Empl. Relations Bd., 179 A.D.3d ... 1270, 1271 [2020]; ... ...
  • Koplinka-Loehr v. Cnty. of Tompkins
    • United States
    • New York Supreme Court — Appellate Division
    • 31 Diciembre 2020
    ...2017 WL 5560569 [2017] ; accord Matter of Sullivan County Patrolmen's Benevolent Assn., Inc. v. New York State Pub. Empl. Relations Bd., 179 A.D.3d 1270, 1271, 117 N.Y.S.3d 709 [2020] ; see CPLR 203[f] ; Buran v. Coupal, 87 N.Y.2d 173, 178, 638 N.Y.S.2d 405, 661 N.E.2d 978 [1995] ).Assuming......
  • Pollock v. Rengasamy
    • United States
    • Washington Supreme Court
    • 18 Mayo 2022
    ... ... INC., and JOHN DOE or JANE DOE COMPANY, a company who ... Matter of Sullivan v Planning Bd. of the Town of ... Mamakating, ... Matter of Sullivan County Patrolmen's Benevolent Assn., ... Inc. v New York State Pub. Empl ... v New York ... State Pub. Empl. Relations Bd., 179 A.D.3d 1270, 1271 ... [2020]; see Windy ... ...
  • Request a trial to view additional results

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