Former Town Court Clerk charged with pocketing court fines and fees

State Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and the New York State Police announced the arrest of Eileen Steurrys, the former part time court clerk for the Town of Marion, for the alleged theft of $59,293 in court fines, fees and surcharges.*

“The defendant went to great lengths in her attempt to cover up her alleged theft of public funds.  Now, because of my office’s investigation and our partnership with state and local law enforcement, she faces the consequences of her actions,” DiNapoli said. “My thanks to District Attorney Calarco and the State Police for helping my office fight public corruption.”

New York State Police Acting Superintendent Steven A. Nigrelli said, “I commend the diligent work of our State Police members, along with our partners at the State Comptroller’s Office and District Attorney’s Office, for their hard work in putting an end to this deceitful plan. The arrest of this individual sends a strong message that we will not tolerate dishonest actions by those who use their position at the expense of the public. The State Police remains ready to assist in investigating and apprehending those individuals willing to engage in fraudulent acts.”

Michael D. Calarco, Wayne County District Attorney said, “I wish to thank and commend Mr. DiNapoli and the NYSP for their hard work and cooperation. This is a clear example of agencies from State and Local government working together to serve and protect the public.”

The former court clerk’s crimes were uncovered during an audit of the Town of Marion Court Fund, which found court fees were not always being deposited. A resulting investigation in collaboration with  Wayne County District Attorney Calarco and the State Police determined that, from 2016 to 2021, the defendant allegedly stole over $50,000, then altered court records and created phony receipts in an effort to conceal her crimes.

She admitted to the thefts when questioned by DiNapoli’s investigators and stated that she had altered and deleted court records when she learned of the impending audit before abruptly retiring as a part time court clerk.

Steurrys, 67, was charged Wednesday with grand larceny in the second degree, corrupting the government in the second degree, tampering with public records in the first degree and official misconduct. She was arraigned in Wayne County’s Court Arraignment Procedure before Judge Marsha Williams. She is due back in court on March 22nd.

N.B. The charges filed in this case are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.

* The practice of using a public office or position of trust for one's own gain or advantage is sometimes referred to as "jobbery". See https://www.merriam-webster.com/dictionary/jobbery. 

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Since taking office in 2007, New York State Comptroller DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Allegations of fraud involving New York taxpayer funds may be reported by calling the toll-free Fraud Hotline at 1-888-672-4555, or by filing a complaint online at https://www.osc.state.ny.us/investigations, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

 

NYPPL's public personnel law handbooks, listed below, are available for purchase from BookLocker.com, Inc.

 

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE. 

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE. 

Disability Benefits: payable to firefighters, police officers and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE. 

The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.

 

Recent personnel disciplinary decisions handed down by NYC Office of Administrative Trials and Hearings Administrative Law Judges

Supervising OATH Administrative Law Judge Joan R. Salzman recommended a 15-day suspension for a steamfitter who was discourteous to his supervisor on two occasions. On one of these occasions, the employee made an anti-Latino remark to express his dissatisfaction with his supervisor. Although the employee was also Latino, his remark was offensive and unacceptable workplace behavior. Click HERE to access Judge Salzman's decision.

 

OATH Administrative Law Judge Christine Stecura recommended dismissing charges against a paramedic charged with stealing money from a patient. The paramedic’s partner alleged that he saw the paramedic take money from the patient’s apartment but the ALJ found that petitioner failed to corroborate the partner’s testimony. The patient’s ex-wife’s testimony that she did not see the paramedic take any money and did not notice any money missing from the apartment undermined petitioner’s case. Click HERE to access Judge Stecura's decision.

 

OATH Administrative Law Judge recommended dismissing charges against a sergeant charged with failing to issue a summons to a driver, unlawfully ordering a patrol officer to dispose of marijuana recovered during a traffic stop, and failing to keep an accurate account of marijuana recovery. The allegations against the sergeant were made by the patrol officer, who was being investigated about his conduct during the traffic stop. The patrol officer did not testify at trial. Instead, petitioner relied on the patrol officer’s unsworn statements to an investigator and presented the investigator’s testimony and report at trial. The ALJ found respondent’s testimony denying the allegations to be more credible than the hearsay statements attributed to the patrol officer. The investigator’s report was also found to be unreliable. Click HERE to access Judge McGeachy-Kuls' decision.

 

OATH Administrative Law Judge Orlando Rodriguez recommended termination of employment for an investigator charged with misconduct and incompetence. The Department proved that the employee persistently demonstrated an unwillingness to perform his job and was excessively absent. The ALJ also found that the employee was insubordinate to his supervisors by failing to respond to e-mails, refusing to attend conferences and trainings, sending discourteous e-mails, and being absent without leave. Click HERE to access Judge Rodriguez's decision.

 

Retirees found to have a vested contract right to health insurance in retirement

Former firefighters and the spouses of deceased former firefighters  who retired from their employment with City of Albany [City] before October 20, 2015, [Plaintiffs], were advised that effective January 1, 2016, there would be changes to the health insurance plan and Plaintiffs would be required to pay annual $250 deductibles for insured individuals and $500 deductibles for insured families.

The Union filed a grievance on behalf of its members with respect this change's affecting active union members upon their eventual retirement and submitted the matter to  arbitration. The Union contended that the City's unilateral change to retirees' health insurance violated the terms of §27.1 of the relevant collective bargaining agreements [CBA]. 

An arbitrator found that the City's failure to negotiate the new deductibles violated the CBA and a second arbitrator subsequently found that, by imposing deductibles, the City was no longer providing substantially equivalent coverage. The second arbitration award required the City to reimburse deductibles paid by all retirees who retired on or after October 20, 2015. Both arbitration awards were confirmed.

Plaintiffs in this action, however, were not included in the arbitration award because they or their deceased spouses had retired prior to October 20, 2015, the effective date of the award. Plaintiffs commenced the instant action against the City alleging a breach of contract and requested a declaratory judgment. Plaintiffs also sought reimbursement for their past and continuing payment of the deductibles. Plaintiffs moved for summary judgment while the City cross-moved for summary judgment dismissing the complaint.

Supreme Court found that Plaintiffs had a vested contract right under the CBA and that collateral estoppel precluded the City from relitigating the issue of whether §27.1 of the CBA was violated. Accordingly, the court granted Plaintiffs' motion for summary judgment and denied the City's cross-motion. The City appealed.

The Appellate Division affirmed the Supreme Court's ruling explaining:

1. Plaintiffs' right to health insurance without deductibles was a form of deferred compensation earned during their employment, to which they had a vested right as §27.1  of the CBA was "neither expressly limited to active union members ... nor does it clearly include retired former union members."

2. Given this ambiguity, the court may look to past practice to give meaning to the contract; and

3. While it is true that past practice "is merely an interpretive tool and cannot be used to create a contractual right independent of some express source in the underlying agreement" there is an express source for Plaintiffs' claimed contractual right here, namely §27.1 of the CBA and its reference to the "existing health insurance plan."

Citing Holloway v City of Albany, 169 AD3d 1133, the Appellate Division noted the record revealed "that it was the longstanding practice of the City not to charge deductibles as part of the health insurance plan for retirees."

Indeed, said the Appellate Division, an affidavit submitted to Supreme Court by one of the Plaintiffs, a former Union president, reflected that no deductible had been charged to retirees for at least 20 years before his retirement in 2010, and the lack of a deductible was an important factor in his decision to opt into the City's health insurance plan when he retired. Additionally, opined the court, there is "no meaningful distinction between Holloway and the instant case".

Acknowledging what it characterized as "the well-established principle that 'the continuation of health insurance payments to current employees after their retirement ... constitute a form of compensation earned by the employee while employed'", the Appellate Division concluded that Supreme Court "correctly determined that plaintiffs have a vested contractual right under section 27.1."

Addressing the City's argument that the Doctrine of Collateral Estoppel did not bar them from litigating the issue of whether they were required to negotiate the imposition of deductibles for retirees with the Union in the instant matter, the Appellate Division said it agreed with Supreme Court that the issue of whether the City violated §27.1 of the CBA by unilaterally imposing deductibles upon retirees was already determined in arbitration, "where the City had a full and fair opportunity to argue its position." Citing Simmons v Trans Express Inc., 37 NY3d 107, the Appellate Division observed that notwithstanding the fact that Plaintiffs, as retirees, were not involved in the two underlying arbitrations, "the identity of parties is not an element of this doctrine".

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

 

Challenging a federal district court's granting the moving party's motion seeking summary judgment

Plaintiff alleged the Defendant unlawfully terminated him and discriminated against him on the basis of his religion. Following the federal District Court's denying Plaintiff's motion to compel discovery and granting the Defendant's motion for summary judgment, Plaintiff appealed both of the District Court's rulings. 

With respect to Plaintiff's motion to compel discovery alleging the federal District Court had abused its discretion, the Circuit Court of Appeals noted that Plaintiff's counsel failed to comply with the District Court’s scheduling orders and discovery deadlines and offered no compelling justifications for her admitted failure to do so.

Accordingly, said the Circuit Court of Appeals, the District Court acted well within its discretion when it denied Plaintiff’s motion to compel discovery and affirmed the District Court’s denial of that motion.

Turning to Plaintiff's appeal with respect to the District Court's granting the Defendant's  motion for summary judgment, the Circuit Court of Appeals explained that it reviewed the grant of summary judgment to Defendant de novo, drawing all inferences in favor of the nonmoving party, citing El Sayed v. Hilton Hotels Corp., 627 F.3d 931. 

Based on its de novo review of BOCES motion, the Circuit Court concluded that the District Court "properly granted summary judgment to Defendants" with respect to all of Plaintiff's claims. The Circuit Court opined that Plaintiff failed to point to “sufficient evidence" that would allow “a jury to return a verdict” for Plaintiff on any of Plaintiff's claims and affirmed the District Court’s granting summary judgment to Defendant. 

Click HERE to access the Circuit Court of Appeals' ruling.