Matter of Edward Paradiso v Joseph Loeffler

In this Article 78 case, petitioner appealed to the Supreme Court to review a determination of the Village of Ocean Beach denying his application for an increase in his annual compensation. Petitioner is the head of the Village of Ocean Beach Police Department (OBPD) and has one immediate subordinate. When his subordinate received an annual salary increase, petitioner requested the same but was denied. He then commenced an Article 78 proceeding to annul the determination denying his request. His appeal was based on General Municipal Mal 207-m(1) that states, in pertinent part, when the base salary of the permanent full-time police officer of a negotiating unit is increased, the salary of the head of police must also be increased by that same amount. The Supreme Court granted his petition.

The appellants appealed this decision by arguing that petitioner was not covered by GML 207-m(1) because it refers to a unionized police force and the OBPD is not unionized. Therefore, the petitioner was not within the coverage of this statute. The Court agreed with appellants that the salary of petitioner and petitioner’s subordinate would not be covered by a collective bargaining agreement.

Accordingly, the Supreme Court reversed the judgment, confirmed the determination, denied the petition and dismissed the proceeding on the merits.

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