INDEX NO. 036809/2019 FILED: ROCKLAND COUNTY CLERK 12/03/2019 06:28 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ----------------------------------------------------------------------X DJINSAD DESIR, DAVID FRIED and JACQUELIN MILLIEN, in their capacities as Village Justices of the Village Index No. ____________________ of Spring Valley, County of Rockland, Plaintiffs, VERIFIED COMPLAINT -againstALAN M. SIMON, in his capacity as the Mayor of the Village of Spring Valley and THE BOARD OF TRUSTEES OF THE VILLAGE OF SPRING VALLEY, Defendants. ---------------------------------------------------------------------X Plaintiffs DJINSAD DESIR, DAVID FRIED and JACQUELIN MILLIEN allege as follows: STATEMENT OF FACTS 1. Plaintiffs are duly elected Village Justices of the Village of Spring Valley. 2. ON or about November 25, 2019, Alan M. Simon, Spring Valley’s mayor, called Justices Desir and Fried and informed them that he would be discharging Elsie Cheron, clerk of the court of the Village Spring Valley, and appointing someone else to her office. 3. The justices contacted the United Court System Office of Court Administration’s Counsel’s office and conveyed Mayor Simon’s intentions. The justices also advised Counsel’s office that they do no consent to the discharge of Ms. Cheron nor do they consent to the appoint of someone else as clerk of the court. 4. OCA Counsel, Eileen D. Millet, wrote a letter (Exhibit 1) to the Spring Valley Village Attorney’s office dated November 27, 2019 which stated in pertinent part: Village Law§ 3-301(2)(a) provides: “The clerk of the court shall be discharged from employment only upon advice and consent of village [] justices when the clerk, in her duties, works solely for the [] justices” (emphasis added). Ms. Cheron serves the Village Justices solely as Chief Clerk. Village Law (3-301(2)(a). 1 of 5 FILED: ROCKLAND COUNTY CLERK 12/03/2019 06:28 PM NYSCEF DOC. NO. 1 INDEX NO. 036809/2019 RECEIVED NYSCEF: 12/03/2019 The Justices do not consent to her termination. Similarly, Village Law § 4-400(1)(c)(ii) states “It shall be the responsibility of the mayor: ... to appoint the clerk of the court, [] only upon the advice and consent of the village [] justices” (emphasis added). The Justices do not consent to appointment of another Chief Clerk for the Justice Court. Termination of Ms. Cheron and appointment of a new Chief Clerk without the consent of the Village Justices, [violates] Village Law, [and therefore would] be null and void. 5. Plaintiffs incorporate the above cited law from OCA’s letter in this complaint by reference. 6. Ms. Cheron has no duties with the village other than to serve as clerk of the court. 7. Upon information and belief, the Mayor and the Board of Trustees will hold their annual reorganization meeting in the evening of December 3, 2019 where the appointment of a purported new clerk of the court will be made together with the appointment of other village officers. See Affidavit of Fried. 8. As the village justices do not consent to the discharge of Ms. Cheron or to the appointment of someone else to replace her, such and an appoint is contrary to law. 9. The justices will suffer irreparable harm if this appointment is allowed to occur and someone seeks to act as clerk of the court without their consent. The clerk of the court handles the funds and papers of the justices and the court on the justices’ behalf. “The court clerk holds a unique position requiring the trust and confidence of the sitting justice(s) and is entrusted to handle a variety of matters on behalf of the justice(s) and the Justice Court. For this reason, Justice Court clerks may be employed and discharged by a…village mayor only upon the advice and consent of the justice(s).” (Office of Court Administration Justice Court Manual, January 31, 2015, p. 22). 10. Plaintiff requests an injunction enjoining the defendants from (1) discharging Elsie Cheron as clerk of the court of the Village of Spring Valley and (2) appointing someone else as the clerk of the court of the Village of Spring Valley. 2 of 5 FILED: ROCKLAND COUNTY CLERK 12/03/2019 06:28 PM NYSCEF DOC. NO. 1 INDEX NO. 036809/2019 RECEIVED NYSCEF: 12/03/2019 FIRST CLAIM FOR RELIEF AGAINST ALL DEFENDANTS (DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF) 11. Plaintiffs re-allege the allegations contained in paragraphs numbered 1 to 9 as alleged above. 12. Defendants seek to discharge Ms. Cheron and appointment someone else to replace her without the consent of the justices in violation of Village Law (3-301(2)(a) and 4400(1)(c)(ii). 13. As a result of the above, there is a justiciable controversy requiring a declaratory judgment. 14. Plaintiff requests a declaratory judgment and an injunction declaring that Ms. Cheron cannot be discharged without the consent of the village justices directing the defendants to refrain from (1) discharging Elsie Cheron as clerk of the court of the Village of Spring Valley and (2) appointing someone else as the clerk of the court of the Village of Spring Valley without the consent of the village justices. 15. SECOND CLAIM FOR RELIEF AGAINST THE DEFENDANTS (COUNSEL FEES) 16. Plaintiffs re-allege the allegations contained in paragraphs numbered 1 to 13 as alleged above. 17. Plaintiffs are afforded to be indemnified by the Board of Trustees of the Village of Spring Valley from any and all actions taken brought by them and/or taken against them; including the cost of attorneys’ fees that they incur. 18. That the Board of Trustees of the Village of Spring Valley be directed to pay counsel fees incurred by the village justices in this action in light of their need to seek judicial relief to prevent the unlawful discharge of the clerk of the court and appointment of someone else in violation of the Village Law. 3 of 5 INDEX NO. 036809/2019 FILED: ROCKLAND COUNTY CLERK 12/03/2019 06:28 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 WHEREFORE, for the foregoing reasons, it is respectfully requested that this Court grant judgment in favor of Plaintiff as set forth below: a) On Plaintiff’s first claim for relief against all defendants, a declaratory judgment declaring that Ms. Cheron cannot be discharged, nor can another clerk of the court be appointed, without the consent of the village justices and an injunction directing the defendants to refrain from (1) discharging Elsie Cheron as clerk of the court of the Village of Spring Valley and (2) appointing someone else as the clerk of the court of the Village of Spring Valley without the consent of the village justices; b) On Plaintiff’s second claim for relief against the Board of Trustees of the Village of Spring Valley, counsel fees in an amount to be determined by the Court; and c) Such other relief as to the Court may seem just and proper including costs, disbursements, and interest. Dated: New York, New York December 3, 2019 THE LORENC LAW FIRM Attorneys for Plaintiffs Robert C. Lorenc Robert Lorenc, Esq. The LORENC Law Firm 1313 3rd Avenue, 2nd Floor Office New York, NY 10021 212-628-0562 (office) 212-879-0295 (facsimile) robert@lorenclaw.com ` 4 of 5 INDEX NO. 036809/2019 FILED: ROCKLAND COUNTY CLERK 12/03/2019 06:28 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 VERIFICATION STATE NEW YORK OF ) ss: ) COUNTY OF NEW YORK DJINSAD I am contents being a plaintiff in the same thereof; alleged-on DESIR, information ) the duly within is true and to belief, sworn, states: action. I have my and own knowledge, as those matters DJINSAD rn to befo __ day e me this of Not 2019 blic MARIA N..JETJOMLONG Notary Public, State of New York No. 01JE5033519 Certified in Orange County Qua ified in Bronk County Commission Expires April 8, 20 5 of 5 read the except I believe foregoing complaint as to matters to be true. therein and know stated the to be