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SWERGOLD v. CUOMO

514251.

99 A.D.3d 1141 (2012)

952 N.Y.S.2d 813

2012 NY Slip Op 7173

NATHANIEL M. SWERGOLD, Appellant-Respondent, et al., Plaintiffs, v. ANDREW M. CUOMO, as Attorney General of the State of New York, et al., Defendants, and THOMAS P. DINAPOLI, as Comptroller of the State of New York, et al., Respondents-Appellants. (Action No. 1.) In the Matter of ALBERT A. D'AGOSTINO, Appellant-Respondent, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York, et al., Respondents-Appellants. (Proceeding No. 1.) In the Matter of DAVID A. HOOVER, Appellant-Respondent, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York, et al., Respondents-Appellants. (Proceeding No. 2.).

Appellate Division of the Supreme Court of New York, Third Department.

October 25, 2012.

Egan Jr., J.

In April 2008, defendant/respondent Comptroller announced new regulations for defendant/respondent New York State and Local Employees' Retirement System that defined how local governments and school districts should classify professional service providers in terms of being either employees or independent contractors. As a result of the new regulations, plaintiff Nathaniel M. Swergold and petitioner Albert A. D'Agostino had their memberships in the Retirement...

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