A state Supreme Court justice has thrown out a lawsuit filed against the city of Glens Falls by its former assessor, but a second lawsuit the plaintiff filed in federal court continues to make its way through the court system as the city seeks to have it tossed out as well.
Justice Robert Muller found that lawyers for Lauren Stack did not file her lawsuit against the city in a timely manner, submitting it six days after the four-month deadline for a lawsuit alleging incorrect action by a government body.
She was seeking her job back, as well as unspecified financial compensation.
Muller’s ruling does not affect Stack’s claims against the city that still stand in U.S. District Court in Albany, where she has filed a lawsuit against Mayor Jack Diamond and the members of the Common Council.
The lawsuit alleges she was wrongfully fired for off-duty conduct, and was denied her right to due process by the city of Glens Falls “not providing the plaintiff with the opportunity to be heard in a meaningful manner.”
Lawyers for the city of Glens Falls have made a motion to dismiss the federal lawsuit, and Stack’s counsel is opposing it.
U.S. District Judge Frederick Scullin has given the parties until June 1 to complete pretrial motions, but no trial date has been set.
Muller’s ruling focused on whether Stack’s claims in Supreme Court did not violate the statute of limitations for a so-called “Article 78” proceeding.
Stack alleged that she was not formally notified that she was fired until Oct. 11, 2016, but Muller found that it was clear she was aware by media coverage and Glens Falls actions that she was fired Oct. 3 or Oct. 4.
The Supreme Court lawsuit was filed by Stack’s lawyer, Sarah Burger, on Feb. 10, 2017.
Court records show a notice of appeal for Muller’s ruling was filed Monday.
Stack, of Lake George, was fired last fall after she pleaded guilty in connection with two drunken and impaired driving cases, resulting in a 90-day driver’s license suspension that city officials said made her incapable of doing her job.
Both cases were disposed of in September 2016 with a plea deal that included guilty pleas to misdemeanor reckless endangerment and two reduced, noncriminal charges of driving while ability impaired. She was sentenced to 3 years on probation.
After Stack was hired, city leaders learned in 2012 that she had been convicted of felony burglary in Florida in 1998.
The Common Council fired her after City Clerk Robert Curtis, serving as a hearing officer, recommended her termination.