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Individuals identified as ?unknown petitioners? may not be named as plaintiffs in an Article 78 proceeding

Individuals identified as ?unknown petitioners? may not be named as plaintiffs in an Article 78 proceeding
Matter of Westchester County Correction Officers Benevolent Assn. Inc. v County of Westchester, 29 Misc.3d 1219(A)

One of the issues in this CPLR Article 78 action was the ?Naming of Unknown Petitioners? as plaintiffs by the Westchester County Correction Officers Benevolent Association.

County Court Judge Jeffrey A. Cohen agreed with Westchester County that the petition improperly names John Does "1" through "100" as Petitioners.

The court said that although CPLR 1024 provides for the naming of unknown parties as defendants in an action, it does not provide for the naming of unidentified Petitioners in an Article 78 proceeding.

The judge also faulted the Association for failing to come forward with any statutory authority for naming unknown Petitioners, merely asserting that ?there are similarly situated individuals who are presently unknown.?*

In addition, the court commented that the Association failed to show that it had undertaken any efforts to determine the identities of the unidentified Petitioners and have failed to refute County?s evidence that documents in the Association?s possession reveal the identities of other correction officers similarly situated to the individual Petitioners.

Accordingly Judge Cohen dismissed ?that branch of the motion to dismiss the petition with respect to the Petitioners named John Does ?1? through ?100? as motioned by the County.

* Judge Cohen indicated that he had conducted its own review of Article 78 and failed to find any authority for naming ?unidentified Petitioners.?

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2008/2008_52719.htm
NYPPL

Full post as published by New York Public Personnel Law on November 19, 2010 (boomark / email).