The Honorable Joseph D. Waldorf, Justice of Monroe County Supreme Court, has dismissed a claim brought against the Town of Greece by a former Town employee.
“I appreciate the prompt and thoughtful decision reached by the Court,” stated Supervisor Bill Reilich. “For the third time in less than a year, the federal and state courts have dismissed claims brought against the Town by former Town employees, and I promise to continue to vigorously defend against all meritless lawsuits seeking money from the Town’s taxpayers”.
On November 26, 2024, the Honorable Elizabeth A. Wolford, the Chief United States District Judge for the Western District of New York, dismissed all allegations made by former Town police officer Jared Rene specifically naming Supervisor Bill Reilich, former Deputy Supervisor Michelle Marini, and Chief of Police Michael Wood. In addition to dismissing claims alleging violations of the state Civil Service Law and the §1983 federal civil rights claim against Mr. Reilich, Ms. Marini and Chief Wood, the Court also dismissed the Civil Service Law §75-b claim against the Town “because Plaintiff did not file a notice of claim and, accordingly, this Court lacks jurisdiction. New York law requires a notice of claim as a mandatory precondition to pursuing certain claims against a municipality.” (Decision, p.7). The Court continued, “Here, it is undisputed that Plaintiff did not file a notice of claim …” (Decision, p.8). The Court concluded, “Thus, a notice of claim had to be filed pursuant to Town Law §67 prior to commencement of this lawsuit. Plaintiff’s failure to do so means this Court lacks jurisdiction” (Decision, p.10).
In a Decision and Judgment dated February 14, 2025, Monroe County Supreme Court denied Mr. Rene’s request to serve a notice of claim because he “failed to file a proposed notice of claim with his petition and supporting exhibits” and the “[f]ailure to submit a proposed notice of claim is, standing alone, a justifiable basis to deny a petition for leave to file a late notice of claim.” The Court also rejected Mr. Rene’s request to deem his partially dismissed federal complaint to be a notice of claim because the record is “bereft of any special facts or circumstances warranting such relief.”
A copy of the Decision and Judgment is attached (Rene v. Town of Greece, Index no. E2024019492).