The Appellate Division of the Supreme Court of the State of New York has ruled in favor of Jacqueline Zimbardi, the former clerk-treasurer of the Incorporated Village of Manorhaven. The court's decision, issued on September 16, 2026, reinstated Zimbardi's position and awarded her back pay and benefits following her dismissal in May 2023. This ruling affects Zimbardi directly, as well as the Village of Manorhaven, and underscores the importance of proper procedures in public employment dismissals.
The case, officially titled Matter of Zimbardi v. Incorporated Village of Manorhaven (Docket No. 2024-12963), arose when Zimbardi was appointed as the clerk-treasurer on April 5, 2023. Her term was set to run until June 30, 2024. However, on May 24, 2023, the Village passed a resolution rescinding her appointment, which Zimbardi claimed was not executed according to the law. She filed a petition under CPLR article 78, seeking to annul the Village's resolution, regain her position, and receive back pay, entitlements, and benefits.
The Incorporated Village of Manorhaven responded by attempting to dismiss Zimbardi's petition, arguing that her case was barred by the legal doctrines of res judicata and collateral estoppel. These doctrines prevent a party from relitigating issues that have already been decided in a previous case. However, Zimbardi contended that her dismissal did not follow the proper legal procedures outlined in Public Officers Law § 36.
The Supreme Court in Nassau County, presided over by Justice Sarika Kapoor, issued an order and judgment on October 11, 2024. The court ruled in favor of Zimbardi, granting her request for back pay and benefits from the date of her dismissal until the end of her term. The Village's motion to dismiss the case was denied. The Village subsequently appealed this decision.
In its ruling, the Appellate Division affirmed the lower court's decision. The judges on the panel included Mark C. Dillon, William G. Ford, Helen Voutsinas, and Susan Quirk. They stated, "The Village failed to demonstrate that the petitioner was in privity with any of the parties to a separate proceeding commenced by the clerk-treasurer who preceded the petitioner against, among others, the Village." This meant that the Village could not use previous legal decisions to prevent Zimbardi's case from moving forward.
The court emphasized that the Village did not establish that the doctrines of res judicata or collateral estoppel applied to Zimbardi's situation. As a result, the court ruled that Zimbardi was entitled to her back pay and benefits, affirming her reinstatement as clerk-treasurer.
This ruling has significant implications for public employees and local governments. It highlights the necessity for municipalities to adhere to proper procedures when dismissing employees. Failure to do so can lead to costly legal battles and financial repercussions, as seen in this case where the Village must now pay Zimbardi for the time she was wrongfully dismissed.
The decision also sets a precedent for future cases involving public employment dismissals. It reinforces the principle that employees must be treated fairly and that their rights are protected under the law. Local governments must ensure that any employment actions comply with applicable laws to avoid similar situations in the future.
Looking ahead, the Village of Manorhaven has the option to appeal the Appellate Division's ruling to the New York Court of Appeals. However, details regarding any potential appeal or related cases were not available in the court filing. As it stands, Zimbardi's reinstatement and the awarded back pay and benefits mark a significant victory for her and serve as a reminder of the importance of due process in public employment.