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March 21, 2023

Accepting the benefits of a settlement agreement deemed ratification and "not lightly cast aside" by the courts

A Village police officer [Officer] was involved in an off-duty accident that rendered him paralyzed from the waist down. Officer filed a notice of claim alleging that the Village discriminated against him after he became disabled. Approximately nine months later, Officer executed a settlement agreement [Agreement] pursuant to which he agreed to withdraw his notice of claim and waive his right to assert certain claims against the Village in exchange for certain benefits, including remaining employed as a police officer for three years until 2016, when his pension rights would vest. The Agreement also provided that Officer would be eligible to continue to be employed by the Village in a different capacity at a reduced rate of pay.

Officer worked in a transitional light-duty police officer position beyond the 2016 deadline established in the Agreement.  In March 2019, however, the Village informed the plaintiff that it would be enforcing the terms of the settlement agreement and instructed him to resign as a police officer as of April 1, 2019. The Village invited Officer to apply for certain lower-paying light duty positions in accordance with the terms of the settlement agreement.

In June 2019, Officer commenced an action to set the Agreement aside. Supreme Court granted a cross-motion to dismiss the complaint, holding that Officer's complaint was subject to dismissal based on Officer's ratification of the Agreement. Subsequent efforts by Officer to vacate the agreement and obtain other relief proved fruitless and ultimately the various efforts made by Officer to set the Agreement aside were considered by the Appellate Division.

The Appellate Division, citing Hallock v State of New York, 64 NY2d 224, said that "Stipulations of settlement between parties are binding contracts enforceable by the court and, as such, they are favored and [are] 'not lightly cast aside' ... especially where, as here, the party seeking to set aside the stipulation was represented by counsel."

Noting that Officer "accepted the benefits of the settlement agreement" continuing to work as a police officer for the Village from 2013 through early 2019, three years beyond the end date he bargained for and did not seek to set aside the Agreement on any of the grounds raised in his complaint at any point before commencing [the instant] action in 2019, the Appellate Division held that the Village was "entitled to dismissal of the complaint on the ground that [Officer] ratified the settlement agreement."

Click HERE to access the Appellate Division's decision posted on the Internet.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com