Morgan v. Town of Orangetown
Opinion of the Court
The plaintiffs commenced this action to challenge two resolutions enacted by the Town Board of the Town of Orangetown (hereinafter the Town Board) dated December 13, 2004 and August 14, 2006, respectively, which resolved that members of the Town Board and all Town Justices of the Town of Orange-town were full-time public employees and were to be reported as such to the New York State and Local Employees’ Retirement System (hereinafter the Retirement System), retroactive to January 1, 1995. The Supreme Court granted the defendants’ motion to dismiss the complaint on the ground that the action was premature. We affirm, but on grounds different from those relied upon by the Supreme Court.
The second cause of action was properly dismissed for failure to state a cause of action since there is no support for the plaintiffs’ contention that, as a matter of law, a standard work day for elected officials must, for purposes of reporting service information to the Office of the State Comptroller, be set by local law, rather than by resolution.
The fourth cause of action, which requested that the Supreme Court convert the action into a CPLR article 78 proceeding if deemed appropriate, does not state a cause of action but, rather, is in the nature of an application, which, in light of the foregoing, was properly dismissed as academic in any event.
Upon its dismissal of the complaint pursuant to CPLR 3211, the Supreme Court properly denied, as academic, those branches of the plaintiffs’ cross motion which were for summary judgment on the first, second, and sixth causes of action. Skelos, J.P, Eng, Leventhal and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.