Adams et al v. Nassau County Interim Finance Authority et al
MEMORANDUM AND ORDER granting 54 Motion to Amend/Correct/Supplement. For the forgoing reasons, the court grants Plaintiffs' the right to amend their complaint asset forth herein, and directs the filing of papers as set forth above. (Ordered by Judge Leonard D. Wexler on 3/4/2013.) (Fagan, Linda)
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U.S. DISTRic~'b~B~~'b N y
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
JOHN JARONCZYK, as President of the Nassau
County Correction Officers Benevolent
Association, the Nassau County Correction
Officers Benevolent Association,
MEMORANDUM AND ORDER
-againstNASSAU COUNTY INTERIM FINANCE
AUTHORITY, et aL,
KOEHLER & ISAACS, LLP
BY: HOWARD GARY WEIN, ESQ.
61 Broadway 25'h Floor
New York, New York I 0006
Attorneys for Plaintiffs
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
BY: CHRISTOPHER GUNTHER, ESQ.
Four Times Square
New York, New York I 0036-6522
Attorneys for Defendants Nassau County Interim Finance Authority and
JACKSON LEWIS LLP
BY: MARK L. WENGER, ESQ.
58 South Service Road, Suite 410
Melville, New York 11747
Attorneys for Defendants County of Nassau
Edward Mangano and George Maragos
BARBARA E. VAN RIPER, ESQ.
Office of the Nassau County Attorney
One West Street
Mineola, New York 11501
LONG ISLAND OFFICE
MAR ·4 2013
WEXLER, District Judge
In this action Plaintiffs challenge the imposition of a wage freeze imposed by Defendant
Nassau County Interim Finance Authority ("NIFA"). Two other cases, Carver v. NIFA, No. 111614 (E.D.N.Y.) (LOW) ("Carver") and Donohue v. NIFA, No. 11-1900 (E.D.N.Y.) (LOW)
("Donohue"), commenced by representatives of two other Nassau County unions, were also
brought before this court. Like this case, Carver and Donohue challenge the legality of wage
freezes imposed by NIF A. Carver and Donhoue were consolidated with this matter for motion
practice. Summary judgment motions in all three cases were simultaneously submitted to this
court for decision.
In a Memorandum and Opinion dated February 14,2013, this court granted the motion of
the Carver plaintiffs for summary judgment. Carver v. Nassau County Interim Finance Authority,
2013 WL 544009 (E.D.N.Y. 2013). There, this court held that Section 3669 of the New York
Public Authorities Law ("Section 3669") did not permit imposition of the challenged wage
freeze. The court stayed operation of any judgment in Carver pending appeal. Judgment was
entered in accord with the February 14, 2013 decision on March 4, 2013. Defendants have filed
their notice of appeal.
While Plaintiffs in this matter briefed their motion for summary judgment at the same
time as the motions filed by the parties in Carver and Donahue, they did not raised the issue of
the legality of the wage freeze in light of Section 3669. The issue was not briefed because
Plaintiffs here did not raise the issue as a ground for relief in their complaint. After this court's
decision in Carver, Plaintiffs sought immediately to amend their complaint to assert the ground
that formed the basis of the court's decision in Carver. The court has inquired as to whether
Defendants object to the proposed amendment of the complaint herein. The Nassau County
Defendants have no objection to the proposed amendment. The NIF A Defendants do not oppose
the amendment, but ask that the court hold the request in abeyance pending a decision of the
Second Circuit Court of Appeals in Carver.
Upon consideration, the court will allow Plaintiffs to amend their complaint to raise the
Section 3669 issue. That amendment shall be filed within two weeks of the date of this order.
Within one week of serving their answer, Defendants are directed to advise the court, without
waiving any right to appeal, as to whether there is any factor in this case that distinguishes it from
Carver, which requires a disposition different from the decision reached therein. In the event that
any such ground is raised, the court will consider the propriety of further motion practice.
For the forgoing reasons, the court grants Plaintiffs' the right to amend their complaint as
set forth herein, and directs the filing of papers as set forth above.
LEONARD D. WEXLER
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
March 6, 2013
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