Daly v. Westchester County Board of Legislators

Background

Dante Edoardo Daly, representing himself and proceeding without paying filing fees, alleged that the Westchester County Board of Legislators discriminated against him, including under the Americans with Disabilities Act. He asked the court to extend his presence on the County payroll so the New York State and Local Retirement System could process his disability-retirement application.

Daly stated that he was terminated on March 1, 2018, that April 6, 2018 was his last day on the County payroll, and that he was required to apply for disability retirement within 90 days afterward. His application was denied because he did not apply within the required period. He then asked the court to direct the County to restore him to its payroll. The County opposed the request.

Legal standard

The court treated Daly’s request as one for a preliminary injunction, which is temporary court-ordered relief issued before a final decision. To obtain one, Daly had to show likely irreparable harm without the injunction and either a likelihood of success on the merits or sufficiently serious legal questions for litigation, with the balance of hardships strongly favoring him. The court described preliminary injunctive relief as an extraordinary remedy requiring a clear showing.

Ruling

Judge Philip M. Halpern denied Daly’s request. The court stated that, at that stage—and assuming the court even had jurisdiction to grant the requested relief—Daly had not established likely irreparable harm, likely success on the merits, or sufficiently serious questions on the merits combined with a favorable balance of hardships. The order did not decide the underlying discrimination allegations.