New York City Clerical Admin. Empls., Local 1549, AFSCME v. City of New York

New York City Clerical Admin. Empls., Local 1549,

AFSCME v City of New York

2026 NY Slip Op 30821(U)

March 6, 2026

Supreme Court, New York County

Docket Number: Index No. 153819/2021

Judge: Judy H. Kim

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1538192021.NEW_YORK.002.LBLX000_TO.html[03/16/2026 3:45:39 PM]

FILED: NEW YORK COUNTY CLERK 03/06/2026 04:24 PM INDEX NO. 153819/2021

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 03/06/2026

SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

PRESENT: HON. JUDY H. KIM PART 04

Justice

---------------------------------------------------------------------------------X INDEX NO. 153819/2021

NEW YORK CITY CLERICAL ADMINISTRATIVE

EMPLOYEES, LOCAL 1549, AFSCME, EDDIE MOTION DATE 06/28/2024

RODRIGUEZ, AS PRESIDENT OF NEW YORK CITY

CLERICAL ADMINISTRATIVE EMPLOYEES, LOCAL 1549, MOTION SEQ. NO. 003

AFSCME,

Petitioners,

-v-

THE CITY OF NEW YORK, THE NEW YORK CITY

DEPARTMENT OF CITYWIDE ADMINISTRATIVE

SERVICES, THE NEW YORK CITY POLICE

DEPARTMENT, THE NEW YORK CITY DEPARTMENT OF

TRANSPORTATION, THE NEW YORK CITY

DEPARTMENT OF SANITATION, THE NEW YORK CITY

DEPARTMENT OF CORRECTION, THE NEW YORK CITY

LAW DEPARTMENT, THE NEW YORK CITY HEALTH AND

HOSPITALS, THE NEW YORK CITY DEPARTMENT OF

ENVIRONMENTAL PROTECTION, THE NEW YORK CITY DECISION + ORDER ON

DEPARTMENT OF CONSUMER AND WORKER MOTION

PROTECTION, THE NEW YORK CITY HUMAN

RESOURCES ADMINISTRATION, THE NEW YORK CITY

DEPARTMENT OF BUILDINGS, THE NEW YORK CITY

TAXI AND LIMOUSINE COMMISSION, THE NEW YORK

CITY CIVILIAN COMPLAINT REVIEW BOARD, THE NEW

YORK CITY DEPARTMENT OF HEALTH AND MENTAL

HYGIENE, THE NEW YORK CITY DEPARTMENT OF

PARKS AND RECREATION, THE NEW YORK CITY

DEPARTMENT OF INVESTIGATION, THE NEW YORK

CITY OFFICE OF ADMINISTRATIVE TRIALS AND

HEARINGS, NEW YORK CITY GOVERNMENTAL

AGENCIES 1-42,

Respondents.

---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 003) 63, 64, 65, 66, 67,

68, 69, 70, 71, 72, 73, 74

were read on this motion to/for REARGUE .

Upon the foregoing documents, respondent’s motion to reargue is denied.

153819/2021 NEW YORK CITY CLERICAL vs. CITY OF NEW YORK Page 1 of 4

Motion No. 003

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FILED: NEW YORK COUNTY CLERK 03/06/2026 04:24 PM INDEX NO. 153819/2021

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 03/06/2026

Petitioner New York City Clerical Administrative Employees, Local 1549, AFSCME (the

“Union”) is the “certified bargaining representative for all employees of Respondents who hold

[…] competitive civil service titles” pursuant to the New York City Collective Bargaining Law

§12-302. The Union and its president commenced this special proceeding asserting that

respondents, the City of New York (the “City”) and various City agencies, violated Civil Service

Law §61 and Article V, section 6 of the New York State Constitution by deliberately assigning

duties and responsibilities that belong exclusively to the Union’s members to individuals who were

not qualified to perform such work, causing the Union’s members to lose opportunities for special

assignments, overtime and bonuses, leading to a reduction in the Union’s membership and union

dues (NYSCEF Doc No. 1, Petition at ¶¶1-3).

Respondents cross-moved to dismiss the petition, arguing that: the petition was time-barred

pursuant to CPLR 217; petitioners lacked standing; and petitioners failed to exhaust contractual

remedies per their collective bargaining agreement with the City. Respondent’s motion was denied

in the decision and order of Justice Frank P. Nervo dated July 28, 2022 (NYSCEF Doc No. 55)

Respondent now moves to reargue that decision.

A motion to reargue “shall be based upon matters of fact or law allegedly overlooked or

misapprehended by the court in determining the prior motion …” (CPLR § 2221[d][2]).

“Reargument is not designed to afford the unsuccessful party successive opportunities to reargue

issues previously decided … or to present arguments different from those originally asserted”

(Setters v AI Properties and Developments (USA) Corp., 139 AD3d 492, 492 [1st Dept 2016]

[internal citations and quotations omitted]). As a threshold matter, the Court disagrees that the

Prior Decision overlooked any argument by respondents. Rather, the denial of that motion rejected,

explicitly or implicitly, each of respondents’ arguments (see Rivera v JP Morgan Chase & Co.,

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Motion No. 003

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FILED: NEW YORK COUNTY CLERK 03/06/2026 04:24 PM INDEX NO. 153819/2021

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 03/06/2026

2022 NY Slip Op 32047[U], 6-7 [Sup Ct, NY County 2022]). Accordingly, the motion is denied

on that basis.

Even if the Court were to grant reargument, it would adhere to the Prior Decision.

“Contrary to the [respondents’] contention, where, as here, the practice complained of is a

continuing one and is in violation of the New York State Constitution, the right to relief will not

be barred by the four-month Statute of Limitations” (Matter of Policemen's Benevolent Ass'n of

Vil. of Spring Val. v Goldin, 266 AD2d 294, 294-95 [2d Dept 1999] [internal citations omitted]).

Moreover, petitioners have standing to maintain this proceeding, given the petition’s allegations

that the improper assignment of clerical work to non-Union members caused the Union’s members

to lose opportunities for special assignments, overtime and bonuses, leading to a drop in Union

membership and union dues (see Patrolman's Benev. Ass'n of Southampton Town, Inc. v Town of

Southampton and Southampton Police Dept., 2009 NY Slip Op 32660[U] [Sup Ct, Suffolk County

2009] [“Petitioner has standing to maintain this proceeding since individual members may have

suffered injury-in-fact based upon claimed violations of Civil Service Law and the New York State

Constitution and since the claimed injury falls within the zone of interests protected by the statute

and the Constitution”]; cf. Matter of Askew v New York City Dept. of Envtl. Protection, 24 AD3d

544, 545-46 [2d Dept 2005] [petitioner representing stationary electrical engineers lacked standing

to assert claim under Civil Service Law §61(2) based on allegations that senior sewage treatment

workers were improperly performing certain work instead of electric engineers where petitioner

did not dispute that electric engineers were not laid off and suffer loss of pay or benefits or

promotional opportunities as a result of staffing change]). Finally, respondents did not demonstrate

that petitioners failed to exhaust their administrative remedies, because the “claims that

respondents violated a state statute […] and the New York Constitution […] are not subject to the

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Motion No. 003

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FILED: NEW YORK COUNTY CLERK 03/06/2026 04:24 PM INDEX NO. 153819/2021

NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 03/06/2026

binding arbitration provisions” cited here (Patrolman's Benev. Ass'n of Southampton Town, Inc. v

Town of Southampton and Southampton Police Dept., 2009 NY Slip Op 32660[U] [Sup Ct, Suffolk

County 2009]; see also Matter of Macrae v Dolce, 249 AD2d 476, 477-78 [2d Dept 1998]

[petitioners’ claim that respondents regularly assigned fire fighters to perform duties of fire

lieutenants was “outside the scope of the grievance procedure delineated in the collective

bargaining agreement”]).

In light of the foregoing, it is

ORDERED that respondents’ motion to reargue is denied.

This constitutes the decision and order of the Court.

3/6/2026

~.~~

DATE HON. JUDY H. KIM, J.S.C.

□ 8 ~

CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

GRANTED X DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

153819/2021 NEW YORK CITY CLERICAL vs. CITY OF NEW YORK Page 4 of 4

Motion No. 003

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