Opinion
No. 2022-04475 Index No. 519355/20
09-11-2024
In the Matter of Local 621, S.E.I.U., et al., appellants, v. New York City Fire Department, et al., respondents.
Gordon, Gordon & Schnapp, P.C., New York, NY (Kenneth E. Gordon and James M. Thayer of counsel), for appellants. Muriel Goode-Trufant, Acting Corporation Counsel, New York, NY (Devin Slack, Kevin Osowski, and Amy McCamphill of counsel), for respondents.
Gordon, Gordon & Schnapp, P.C., New York, NY (Kenneth E. Gordon and James M. Thayer of counsel), for appellants.
Muriel Goode-Trufant, Acting Corporation Counsel, New York, NY (Devin Slack, Kevin Osowski, and Amy McCamphill of counsel), for respondents.
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, LAURENCE L. LOVE, JJ.
DECISION & ORDER
In a hybrid proceeding pursuant to CPLR article 78 to review two determinations of the Equal Employment Opportunity Office of the Fire Department of the City of New York, both dated November 19, 2019, which, without a hearing, found that there was sufficient credible evidence that the petitioners/plaintiffs Louis Morbelli and Hugh McAllister, respectively, had engaged in retaliatory conduct and referred the matter to the Bureau of Investigations and Trials of the Fire Department of the City of New York, and action to recover damages for unlawful retaliation in violation of the New York State Human Rights Law and the New York City Human Rights Law, the petitioners/plaintiffs appeal from an order of the Supreme Court, Kings County (Gina Abadi, J.), dated April 12, 2022. The order denied the petitioners/plaintiffs' motion for leave to renew the second amended petition and their opposition to that branch of the respondents/defendants' motion which was pursuant to CPLR 3211(a) to dismiss the second amended petition, which had been determined in an order and judgment (one paper) of the same court (Rosemarie Montalbano, J.) dated September 30, 2021.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
In light of our determination on a related appeal regarding the second amended petition, which sought to annul two determinations of the Equal Employment Opportunity Office of the Fire Department of the City of New York, both dated November 19, 2019, and to direct that the determinations be expunged from the respondents/defendants' files (see Matter of Local 621, S.E.I.U. v New York City Fire Dept., ___ A.D.3d ___ [Appellate Division Docket No. 2021-07965; decided herewith]), the appeal from the order denying the petitioners/plaintiffs' motion for leave to renew must be dismissed because the appeal has been rendered academic (see Coalition of Landlords, Homeowners & Merchants, Inc. v S. & A. Neocronon, Inc., 224 A.D.3d 660; Khass v New York Presbyt. Brooklyn Methodist Hosp., 213 A.D.3d 829, 830).
CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.