Contracts: Center for Disability Rights, Inc. v. County of Monroe

Monroe County Supreme Court

Contracts

Termination — Notice

Center for Disability Rights, Inc. v. County of Monroe
2010-9905
Judge Ark

Background: CDR petitions the Court to reverse Monroe County’s decision to terminate CDR’s participation in the New York State mandated Consumer Directed Personal Assistance Program. The petitioner’s allegations of tortuous and unconstitutional conduct are offered to show that the respondents’ conduct has been affected by errors of law. On Sept. 8, 2010, the county gave the required 60-day notice that the parties’ Professional Services Agreement was being terminated. The county asserts that its July 22 letter to CDR’s CEO provided the 60-day notice.

Ruling: The court finds that since the county had not even acknowledged the existence of the contract as of July 22, the letter could not have been intended as a 60-day notice of contract termination. The county’s Sept. 8 admission of the existence of the contract in addition to its invocation of the 60-day period rendered this petition by CDR moot. The petition is dismissed.

Matthew J. Fusco, of ChamberlainD’Amanda; and Richard A. Marchese, of the Department of Law, for the respondents