Opinion
2014-06-5
Robert K. HOLDMAN, Claim Claimant–Appellant, v. OFFICE OF COURT ADMINISTRATION, et al., Defendants–Respondents.
Gage Spencer & Fleming LLP, New York (William B. Fleming of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Brian A. Sutherland of counsel), for respondents.
Gage Spencer & Fleming LLP, New York (William B. Fleming of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Brian A. Sutherland of counsel), for respondents.
FRIEDMAN, J.P., SAXE, MANZANET–DANIELS, FEINMAN, JJ.
Order of the Court of Claims of the State of New York (Alan C. Marin, J.), entered January 31, 2013, which granted defendants' motion to dismiss claimant's complaint, unanimously affirmed, without costs.
Claimant alleges that he resigned from his former positions as a Court of Claims Judge and acting Supreme Court Justice, relying on the erroneous advice of employees of defendant Office of Court Administration(OCA) that he was vested in his New York State Health Insurance Program (N.Y.SHIP). He also asserts that he would not have resigned when he did if not for this advice. He seeks to be reinstated to the N.Y.SHIP, or to recover money damages.
Although the giving of advice by the OCA employees was ministerial in nature, which might subject the governmental body to liability ( see Valdez v. City of New York, 18 N.Y.3d 69, 76–77, 936 N.Y.S.2d 587, 960 N.E.2d 356 [2011];see also Lauer v. City of New York, 95 N.Y.2d 95, 99, 711 N.Y.S.2d 112, 733 N.E.2d 184 [2000] ), claimant has not alleged a sufficient special duty owed to him, as opposed to any other employee seeking advice from OCA ( see Valdez, 18 N.Y.3d at 76–77, 936 N.Y.S.2d 587, 960 N.E.2d 356;McLean v. City of New York, 12 N.Y.3d 194, 202, 878 N.Y.S.2d 238, 905 N.E.2d 1167 [2009];Lauer, 95 N.Y.2d at 99–100, 711 N.Y.S.2d 112, 733 N.E.2d 184). In any event, it is uncontested that claimant is, in his present status, not eligible for NYSHIP benefits under the law, and defendants may not be estopped from applying the law to claimant based on the erroneous information given to him ( see Matter of Galanthay v. New York State Teachers' Retirement Sys., 50 N.Y.2d 984, 986, 431 N.Y.S.2d 472, 409 N.E.2d 945 [1980];Goldstein v. Teachers' Retirement Sys. of the City of N.Y., 89 A.D.3d 501, 502, 932 N.Y.S.2d 338 [1st Dept.2011];Matter of Grella v. Hevesi, 38 A.D.3d 113, 117, 827 N.Y.S.2d 756 [3d Dept.2007] ). The narrow exception to the rule that estoppel may not be invoked to prevent a governmental agency from performing its duty is not applicable here (Matter of Grella, 38 A.D.3d at 117–118, 827 N.Y.S.2d 756).