Opinion
2013-04-17
In the Matter of Cynthia MORROW, appellant, v. COUNTY OF NASSAU, respondent.
The Law Offices of Louis D. Stober, Jr., LLC, Garden City, N.Y. (Jamie A. Rowsell of counsel), for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Jackie L. Gross of counsel), for respondent.
The Law Offices of Louis D. Stober, Jr., LLC, Garden City, N.Y. (Jamie A. Rowsell of counsel), for appellant. John Ciampoli, County Attorney, Mineola, N.Y. (Jackie L. Gross of counsel), for respondent.
In a proceeding pursuant to CPLR article 78 to review a determination of the County of Nassau Department of Assessment dated July 7, 2011, terminating the petitioner's employment, the appeal is from a judgment of the Supreme Court, Nassau County (Parga, J.), entered March 21, 2012, which denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, with costs.
The agency determination under review was not made after a quasi-judicial evidentiary hearing. Thus, we review the determination under the standard set forth in CPLR 7803(3), and consider only whether the determination was made in violation of lawful procedure, was affected by an error of law, was arbitrary and capricious, or was an abuse of discretion ( see Matter of Ward v. City of Long Beach, 20 N.Y.3d 1042, 962 N.Y.S.2d 587, 985 N.E.2d 898;Matter of Halperin v. City of New Rochelle, 24 A.D.3d 768, 770, 809 N.Y.S.2d 98). Under this standard, courts “examine whether the action taken by the agency has a rational basis” and will overturn that action only “where it is ‘taken without sound basis in reason’ or ‘regard to the facts' ” (Matter of Wooley v. New York State Dept. of Correctional Servs., 15 N.Y.3d 275, 280, 907 N.Y.S.2d 741, 934 N.E.2d 310, quoting Matter of Peckham v. Calogero, 12 N.Y.3d 424, 431, 883 N.Y.S.2d 751, 911 N.E.2d 813;see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 232, 356 N.Y.S.2d 833, 313 N.E.2d 321), or where it is “arbitrary and capricious” (Matter of Deerpark Farms, LLC v. Agricultural & Farmland Protection Bd. of Orange County, 70 A.D.3d 1037, 1038, 896 N.Y.S.2d 126). Moreover, “courts must defer to an administrative agency's rational interpretation of its own regulations in its area of expertise” (Matter of Peckham v. Calogero, 12 N.Y.3d at 431, 883 N.Y.S.2d 751, 911 N.E.2d 813).
The petitioner failed to meet her burden of demonstrating that the determination made by the County of Nassau Department of Assessment terminating her employment lacked a rational basis or was arbitrary and capricious. The petitioner's contention that the agency's determination violated the doctrine of legislative equivalency ( see Matter of Torre v. County of Nassau, 86 N.Y.2d 421, 426, 633 N.Y.S.2d 465, 657 N.E.2d 486) is without merit, as her position was not abolished.
Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding.