Having obtain the relief sought on the basis of one of several arguments further appeal is precluded as the individual is no longer an aggrieved party
Hoover v DiNapoli, 2010 NY Slip Op 06127, Decided on July 15, 2010, Appellate Division, Third Department
David A. Hoover worked part time as a labor relations specialist for Erie 1 BOCES from February 1, 1988 through October 31, 1995 and obtained member service credit in the New York State and Local Employees' Retirement System in connection with that employment.
In April 2008, the State Comptroller announced new regulations for the Retirement System specifically defining how local governments and school districts should classify professional service providers as employees or independent contractors.
Hoover was told that under the new regulations, his member service credit for his work at BOCES between 1988 and 1995 was revoked as he had served with the BOCES as an independent contractor rather than an employee. Hoover filed an Article 78 petition seeking restoration of his member service credit contending that:
1. Rescinding such credit constituted “an improper retroactive application of the new regulations in violation of the NY Constitution;”
2. A violation of his due process rights; and
3. The Comptroller’s decision to invalidate his member service credit was arbitrary and capricious.
Supreme Court dismissed Hoover's state constitutional claims for failure to exhaust his administrative remedies, but, nevertheless issued a decision on the merits granting his petition on the basis of his due process claim. The court order provided that "the determination to revoke [Hoover's] service credit with Erie 1 BOCES for the years prior to 1995 is vacated and annulled."
Despite having prevailed in that he had obtained the remedy that he had sought, Hoover appealed the Supreme Court's judgment.
The Appellate Division dismissed his appeal, noted that having "obtained the full relief sought … annulment of the Comptroller's determination and reinstatement of his service credit," Hoover is no longer an aggrieved party. The fact that he had asserted multiple grounds upon which he contended that the relief he demanded could be granted, his having prevailed on the basis of one of the theories he advanced rendered consideration of his other arguments moot.
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06127.htm