Salino v. County of Suffolk, 3 N.Y.3d 164 (2004)

A county’s determination of whether to provide a legal defense to an employee under a statute requiring such defense for actions arising from acts within the scope of employment is subject to review for arbitrariness, considering the factual basis of the employee’s actions.

Summary

Gary Salino, a Suffolk County police officer, sought a county-funded defense in a federal lawsuit filed by his neighbor, Corey Kay, alleging harassment and abuse of power. The County Attorney denied Salino’s request, finding that Salino’s actions stemmed from a personal dispute over Kay’s property use, not from his official duties. Salino initiated an Article 78 proceeding, arguing the county was obligated to provide a defense based on the allegations in Kay’s complaint. The New York Court of Appeals reversed the Appellate Division’s ruling, holding that the County Attorney’s decision was not arbitrary or capricious because it had a factual basis and Salino’s actions stemmed from a personal dispute.

Facts

Corey Kay purchased property next to Salino and leased cottages to social services recipients, which Salino opposed. Salino complained to authorities, alleging forged documents related to the property’s use, leading to the arrest of Kay’s realtor and later Kay himself, though charges were dismissed. Kay then sued Salino, alleging malicious prosecution, false arrest, and constitutional rights violations, claiming Salino used his position to harass him.

Procedural History

Kay sued Salino in federal court. Salino requested a defense from Suffolk County, which was denied by the County Attorney. Salino then filed an Article 78 proceeding challenging the County Attorney’s decision. The Supreme Court agreed with the County. The Appellate Division reversed, finding the County obligated to provide a defense based on the complaint’s allegations. The New York Court of Appeals reversed the Appellate Division and reinstated the Supreme Court’s dismissal.

Issue(s)

Whether the County Attorney’s denial of Salino’s request for a legal defense under Suffolk County Code § 35-3(A) was arbitrary or capricious, given the allegations in the underlying complaint and the circumstances surrounding Salino’s actions.

Holding

No, because the County Attorney’s determination that Salino’s actions stemmed from a private dispute, rather than his official duties, had a factual basis and was not arbitrary or capricious.

Court’s Reasoning

The Court of Appeals reconciled conflicting provisions of Suffolk County Code § 35-3(A). The Court acknowledged that while the code provides a defense for acts alleged to have occurred within the scope of employment, it also grants the County Attorney the authority to determine whether the employee was acting within that scope. The Court stated that the County Legislature did not intend to commit public funds solely based on the plaintiff’s allegations. Instead, the Court held that the County Attorney’s determination is subject to review for arbitrariness, citing Matter of Williams v City of New York, 64 NY2d 800, 802 (1985). The Court found a factual basis for the County Attorney’s determination, noting Salino’s individual FOIL requests, his statements as a community member rather than a police officer, and his personal legal actions against Kay. The court emphasized that Salino acted to protect his private self-interest. The Court did not address preemption by General Municipal Law § 50-m, as it was not raised until the motion for reargument.