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Suffolk County Police Benevolent Ass'n v. Trotta

Anti-SLAPP Counterclaim's Dismissal in Suit by Police Union Is Explained

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District Judge Joan M. Azrack¹

MEMORANDUM & ORDER Before the Court is Plaintiff Suffolk County Police Benevolent Association and Plaintiff Noel DeGerolamo’s (“Plaintiffs”) motion to dismiss Defendant Robert Trotta’s (“Defendant”) state-law counterclaim, which alleges violations of New York Civil Rights Law §§70-a and 76-a (“Anti-SLAPP Counterclaim”). (See ECF No. 48.) For the below reasons, Plaintiffs’ motion to dismiss Defendant’s counterclaim is GRANTED, and Defendant’s counterclaim is DISMISSED without prejudice to its potential refiling in state court. I. BACKGROUND² A. Factual Background On May 6, 2021, Defendant, Suffolk County Legislator Robert Trotta, requested a determination from the Suffolk County Board of Ethics (“SCBOE”) whether the district attorney could accept political contributions from the Suffolk County Police Benevolent Association (“PBA”) or its political action committee. (ECF No. 1, 34 (“Compl.”).) The SCBOE at first decided that issuing an advisory opinion on such a question was outside its “standing.” (Id. at 35.) But on September 15, 2021, Defendant requested that the SCBOE reconsider whether it could issue an advisory opinion. (Id. at 38.) Shortly thereafter, at Defendant’s behest, the SCBOE conducted a legal analysis, reconsidered the issue, and determined that it did, in fact, have standing to issue an advisory opinion. (Id. at

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