In this action Supreme Court denied Plaintiff's petition seeking, among other things, a writ of mandamus compelling New York City Health and Hospitals Corp. [Corporation] to appoint Plaintiff to the position of Senior Stationary Engineer [SSE]. Plaintiff's petition, however, failed to name all necessary parties* involved and Supreme Court granted the Corporation's motion to dismiss Plaintiff's petition. Plaintiff appealed but the Appellate Division affirmed the Supreme Court's ruling, without costs.
The Appellate Division, noting Petitioner had not shown that the administration of the SSE examination violated the merit and fitness clause of the New York State Constitution or that it was arbitrary, capricious, or violated due process, opined that Supreme Court had "providently granted" the Corporation's motion and dismissed the proceeding on the ground that Petitioner failed to join all the necessary parties.
Petitioner did not dispute the argument that the applicants who passed the SSE examination and were promoted to the position of SSE would be "inequitably affected by a judgment" in Petitioner's favor or contend that the examination's content or its administration was unconstitutional or in violation of law. However, Petitioner only named one applicant for the SSE position in his petition and, in the words of the Appellate Division, "did not identify any of [the] other necessary parties to this proceeding, rendering it impossible to bring the parties before the court."
* A necessary party is a party whose interests could be adversely affected by the outcome of the relevant litigation.
Click HERE to access the Appellate Division's decision posted on the Internet.