Donohue et al v. Mangano et al

Filing 36

SHORT ORDER - John Jaronczyk, as President of the Nassau County Sherriffs Correction Officers Benevolent Association, Inc., and the Nassau County Sherriffs Correction Officers Benevolent Association, Inc., are directed to file a letter with this Cour t on or before August 10, 2012, explaining if the New York State action has been discontinued, and if not, advising the Court of the current status of the New York State action, Index No. 7391/12. Ordered by Judge Arthur D. Spatt on 8/6/12. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------X
JOHN JARONCZYK, as President of the
Nassau County Sheriff's Correction Officers
Benevolent Association, Inc., and the NASSAU
COUNTY SHERIFF’S CORRECTION OFFICERS
BENEVOLENT ASSOCIATION, INC.
Plaintiffs,
-againstEDWARD MANGANO, in his official capacity
as County Executive of Nassau County,
COUNTY OF NASSAU,
Defendants.
---------------------------------------------------------X
DANNY DONOHUE, as President of the Civil
Service Employees Association, Inc., AFSCME,
AFL-CIO, JERRY LARICCHIUTA, as Local
President of CSEA Nassau County Local 830,
and the CIVIL SERVICE EMPLOYEES
ASSOCIATION, INC. Local 1000, AFSCME,
AFL-CIO,
Plaintiffs,
-against‘
EDWARD MANGANO, in his official capacity
as County Executive of Nassau County,
NASSAU COUNTY LEGISLATURE,
GEORGE MARAGOS, in his official capacity
as Nassau County Comptroller, and the
COUNTY OF NASSAU,
Defendants.
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JAMES CARVER, individually and as President
of the Police Benevolent Association of the Police
Department of the County of Nassau, Inc.,
POLICE BENEVOLENT ASSOCIATION OF
THE POLICE DEPARTMENT OF THE COUNTY
OF NASSAU, INC., GARY LEARNED, individually
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SHORT ORDER
12-CV-2568 (ADS)(GRB)

and as President of the Superior Officers Association,
Police Department, County of Nassau, Inc.,
SUPERIOR OFFICERS ASSOCIATION, POLICE
DEPARTMENT, COUNTY OF NASSAU, INC.,
GLENN CICCONE, individually and as President
of the Detectives’ Association, Inc. of the Police
Department of the County of Nassau, and the
DETECTIVES’ ASSOCIATION, INC. OF THE
POLICE DEPARTMENT OF THE COUNTY
OF NASSAU,
Plaintiffs,
-againstCOUNTY OF NASSAU, EDWARD MANGANO,
in his official capacity as County Executive of
Nassau County, the NASSAU COUNTY
LEGISLATURE, PETER SCHMITT in his
official capacity as Presiding Officer of the Nassau
County Legislature, and GEORGE MARAGOS,
in his official capacity as Nassau County
Comptroller,
Defendants.
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APPEARANCES:
KOEHLER & ISAACS, LLP
Attorneys for the Plaintiffs John Jaronczyk
As President of the Nassau County Sheriff's Correction Officers Benevolent Association, Inc.,
and the Nassau County Sheriff's Correction Officers Benevolent Association, Inc.
61 Broadway
25th Floor
New York, NY 10006
By:
Howard Gary Wien, Esq., Of Counsel

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CIVIL SERVICE EMPLOYEES ASSOCIATION
Attorneys for the Plaintiffs Danny Donohue, as President of the Civil Service Employees
Association, Inc., AFSCME, AFL-CIO, Jerry Laricchiuta, as Local President of CSEA Nassau
County Local 830, Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO
143 Washington Avenue
Box 7125, Capitol Station
Albany, NY 12210
By:
Daren J. Rylewicz, Esq.
Steven A. Crain, Esq.
Aaron Edward Kaplan
Miguel G. Ortiz, Esq., Of Counsel
GREENBERG, BURZICHELLI & GREENBERG
Attorneys for the Plaintiffs James Carver, individually and as President of the Police Benevolent
Association of the Police Department of the County of Nassau, Inc., Police Benevolent
Association of the Police Department of the County of Nassau, Inc., Gary Learned, individually
and as President of the Superior Officers Association, Police Department, County of Nassau,
Inc., Superior Officers Association, Police Department, County of Nassau, Inc., Glenn Ciccone,
individually and as President of the Detectives' Association, Inc. of the Police Department of the
County of Nassau, and Detectives' Association, Inc. of the Police Department of the County of
Nassau
3000 Marcus Avenue, Suite 17
Lake Success, NY 11042
By:
Linda N. Keller, Esq..
Seth H. Greenberg, Esq., Of Counsel
OFFICE OF THE NASSAU COUNTY ATTORNEY
Attorneys for the Defendants
One West Street
Mineola, NY 11501
By:
Barbara E. Van Riper, Assistant County Attorney
MINORITY COUNSEL for the NASSAUCOUNTY LEGISLATURE
Attorneys for the Movant Minority Caucus, Nassau County Legislature
1550 Franklin Avenue, Rm 132
Mineola, NY 11501
By:
Peter James Clines, Esq., Of Counsel
SPATT, District Judge:
Presently before the Court is a motion for a preliminary injunction filed by the Plaintiffs
to enjoin the implementation of Nassau County Local Law No. 8-2012, also known as Clerk
Item No. 315-2012, asserting that it violates the Plaintiffs’ fundamental constitutional rights

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secured by Article I, Section 10 of the United States Constitution, as well as other state statutory
provisions.
It has been brought to the Court’s attention through papers submitted by the parties that
one set of plaintiffs––John Jaronczyk, as President of the Nassau County Sherriff’s Correction
Officers Benevolent Association, Inc., and the Nassau County Sherriff’s Correction Officers
Benevolent Association, Inc.––have initiated an action in the Supreme Court of the State of New
York, County of Nassau, against the same Defendants as in the present action and raised almost
identical state law causes of action. In addition, the Defendants have provided the Court with a
copy of an Order to Show Cause, signed by the Honorable Robert A. Bruno on June 11, 2012,
directing the County of Nassau to show cause why an Order should not be entered enjoining the
County, the County Legislature, and Presiding Officer Peter Schmitt from taking any further
actions with respect to Local Law 315-2012.
Therefore, John Jaronczyk, as President of the Nassau County Sherriff’s Correction
Officers Benevolent Association, Inc., and the Nassau County Sherriff’s Correction Officers
Benevolent Association, Inc., are directed to file a letter with this Court on or before August 10,
2012, explaining if the New York State action has been discontinued, and if not, advising the
Court of the current status of the New York State action, Index No. 7391/12.
SO ORDERED.
Dated: Central Islip, New York
August 6, 2012
______/s/ Arthur D. Spatt_________
ARTHUR D. SPATT
United States District Judge

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