Judd v. Constantine

153 A.D.2d 270, 551 N.Y.S.2d 378, 1990 N.Y. App. Div. LEXIS 902
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 1, 1990
StatusPublished
Cited by24 cases

This text of 153 A.D.2d 270 (Judd v. Constantine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Judd v. Constantine, 153 A.D.2d 270, 551 N.Y.S.2d 378, 1990 N.Y. App. Div. LEXIS 902 (N.Y. Ct. App. 1990).

Opinions

OPINION OF THE COURT

Levine, J.

Petitioners, Christopher D. Judd and Michael F. Mergler, began their service as State Troopers on February 16, 1970 and remained in that status beyond April 1, 1984. Petitioners both incurred disabling injuries prior to their completion of 14 years of service as troopers, and, after exhausting periods of paid sick-leave status, were placed on sick leave without pay for periods of approximately seven weeks before returning to active duty. Each claimed entitlement to receive the statutory 14-year longevity increment of $1,112 on April 1, 1984, pursuant to the provisions of Executive Law former § 216-b (3) (c) (1) (as added by L 1982, ch 462, § 3) then in effect. That section granted such an increment when a trooper "has, by or after April first, nineteen hundred eighty-two, completed [14] years of service”, payable "on the first day of the fiscal year following completion of such service ” (emphasis supplied).

Respondent Comptroller disallowed payment of the increment to petitioners on April 1, 1984 on the ground that they had not yet completed 14 years of service because, in one of such years, their service had been interrupted by being on leave without pay. The Comptroller explained that his office has "always * * * interpreted” the completion-of-years-of-ser[272]*272vice phrase of the statute "as meaning service credit for time in actual pay status”.

After unsuccessfully pursuing their remedies under the grievance machinery provided in the State Troopers’ collective bargaining agreement, petitioners initiated this proceeding under CPLR article 78 to challenge the Comptroller’s determination. Supreme Court ruled in their favor, and respondents now appeal.

Respondents’ argument for reversal is, essentially, that the Comptroller has consistently followed a uniform interpretation and application of the various longevity salary increment statutes for State employees to deny service credit for any period in which the employee was on unpaid leave (citing principally, Civil Service Law § 130 [3] [c]). Respondents contend that uniform construction of the longevity increment statutes is desirable, fair and promotes equitable treatment of all persons in State service. Hence, they argue that, since a parallel construction of the completion of service requirement of Executive Law former § 216-b (3) (c) (1) does not conflict with any express provision of the State Troopers’ longevity increment statute, the Comptroller’s interpretation is reasonable and should be upheld. This remains so, according to respondents, despite the uncontested fact that petitioners were never actually separated from State Police service and, indeed, remained fully subject to the authority of their superiors while on unpaid leave.

In view of the manner in which respondents have posed their argument for reversal, i.e., that the Comptroller’s interpretation of the governing statute is reasonable and, therefore, must be upheld even if the statute is reasonably subject to a different construction, the preliminary question before this court is whether this is a case where the administrative agency’s interpretation of the statute is entitled to special weight or deference (see, e.g., Matter of Howard v Wyman, 28 NY2d 434). Without attempting an exhaustive delineation of all of the instances where judicial deference should be accorded an 'agency’s interpretation of a statute, they would principally include the following: (1) where the statute employs technical terms within the agency’s expertise, so that interpretation or application of legislative language entails "understanding of underlying operational practices or * * * evaluation of factual data and inferences to be drawn therefrom” (Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459); (2) where the general statutory language and legislative his[273]*273tory indicate that the Legislature intended to adopt a broad policy approach to the subject matter of the statute, delegating to the administrative agency comprehensive, interpretive and subordinate policy-making authority, interstitially to "fill in the blanks” consistently with the over-all policy of the statute, either by administrative rule making or case-by-case decisions (see, e.g., Matter of Levine v Whalen, 39 NY2d 510, 515-516; see also, Pittston Stevedoring Corp. v Dellaventura, 544 F2d 35, 49 [Friendly, J.], affd sub nom. Northeast Mar. Term. Co. v Caputo, 432 US 249); (3) where the agency participated in the legislative activity leading to the authorizing legislation and the agency’s interpretation of the statute is contemporaneous with enactment (see, Aluminum Co. v Central Lincoln Util. Dist., 467 US 380, 390; Hi-Craft Clothing Co. v National Labor Relations Bd., 660 F2d 910, 916); and (4) where the agency’s interpretation has been long standing and unchállenged, inducing reliance thereon by those practicing before it (see, Ferraiolo v O’Dwyer, 302 NY 371, 376; see also, National Labor Relations Bd. v Bell Aerospace Co., 416 US 267, 274, 275; Hi-Craft Clothing Co. v National Labor Relations Bd., supra). The most important underlying principles requiring deference are either when the nature of the legislation is such that the agency has a greater competence in interpreting the statute than the courts (Kurcsics v Merchants Mut. Ins. Co., supra) or when the policy-making function necessarily entailed in interpreting broad statutory language has been conferred by the Legislature on the agency and not the courts (5 Davis, Administrative Law § 29:27, at 458 [2d ed]).

None of the foregoing criteria or principles applies here to require any significant deference to the Comptroller’s interpretation of the completion of service provision of Executive Law former § 216-b (3) (c) (1). There is nothing in the use of the words or in their statutory context to suggest that the statutory phrase, referring to completion of years of service, was employed in any technical sense apart from its common usage (see, Matter of Occidental Chem. Corp. v Public Serv. Commn., 114 AD2d 149, 153-154, lv denied 68 NY2d 608). Likewise, neither the statute nor its legislative history evinces any legislative intent to delegate broad policy-making or interpretive authority upon the Comptroller (see, supra, at 153). Indeed, the legislative history discloses that the statute under consideration, as well as many of its predecessors, was enacted to implement a specific collective bargaining agree[274]*274ment negotiated between the State Troopers’ bargaining representative and the Governor’s Office of Employee Relations (see, Governor’s Bill Jackets, L 1982, ch 462; L 1972, ch 87), a factor hardly suggestive that any significant role as interpreter was intended to be conferred upon the Comptroller. There is nothing to indicate that the Comptroller played any part in the statute’s enactment. Nor have respondents documented the Comptroller’s conclusory claim that the construction was long standing and uniform. This is at least somewhat belied by the conceded fact that, in the case of Judd, payment was approved of his first nine years’ service longevity increment on April 1, 1979, despite the occurrence of his period of unpaid leave before that date. Thus, the proper disposition of this appeal is truly a matter of pure statutory construction, involving the traditional tools of analysis of the words used, reference to the legislative history and application of canons of construction, which this court is at least as competent to undertake as the Comptroller

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Bluebook (online)
153 A.D.2d 270, 551 N.Y.S.2d 378, 1990 N.Y. App. Div. LEXIS 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judd-v-constantine-nyappdiv-1990.