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Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Ctr., 98 AD3d 107, 113 [1st Dept 2012]; Bennett v Health Mgt. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Ctr., 98 AD3d 107, 113 [1st Dept 2012]; Bennett v Health Mgt. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
City Police Pension Fund, 46 AD3d 346, 348-349 [1st Dept 2007]; Pisani v Kelly, 30 AD3d 297, 298 [1st Dept 2006]; Sinopoli v McCall, 245 AD2d 868, 869 [3d Dept 1997], lv denied 92 NY2d 803 [1998], rearg denied 92 NY2d 921 [1998]; Impellizeri v Teachers' Retirement Sys., 173 AD2d 389, 390 [1st Dept 1991], lv denied 78 NY2d 859 [1991]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
City Police Pension Fund, 46 AD3d 346, 348-349 [1st Dept 2007]; Pisani v Kelly, 30 AD3d 297, 298 [1st Dept 2006]; Sinopoli v McCall, 245 AD2d 868, 869 [3d Dept 1997], lv denied 92 NY2d 803 [1998], rearg denied 92 NY2d 921 [1998]; Impellizeri v Teachers' Retirement Sys., 173 AD2d 389, 390 [1st Dept 1991], lv denied 78 NY2d 859 [1991]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment
23 May 2024, 6:00 am by Public Employment Law Press
He proceeded to the 16th floor of the hospital, a non-public area, where petitioner Justin Timperio was working as a first-year resident. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment
23 May 2024, 6:00 am by Public Employment Law Press
He proceeded to the 16th floor of the hospital, a non-public area, where petitioner Justin Timperio was working as a first-year resident. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
At the same time, petitioners moved for a preliminary injunction preventing the application of ProcellaCOR during the litigation, which was opposed by respondents and granted by Supreme Court. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
At the same time, petitioners moved for a preliminary injunction preventing the application of ProcellaCOR during the litigation, which was opposed by respondents and granted by Supreme Court. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging books available to students held in a public school's library [Decisions of the Commissioner of Education No. 18,402]
9 May 2024, 7:00 am by Public Employment Law Press
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging books available to students held in a public school's library [Decisions of the Commissioner of Education No. 18,402]
9 May 2024, 7:00 am by Public Employment Law Press
Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
Nervo, J.), entered June 2, 2022, which granted defendants' and intervenor defendant's motions to dismiss the amended complaint on the ground that it did not present a justiciable controversy.Sidley Austin LLP, New York (Melissa ColÓn-Bosolet, Eamon P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
Nervo, J.), entered June 2, 2022, which granted defendants' and intervenor defendant's motions to dismiss the amended complaint on the ground that it did not present a justiciable controversy.Sidley Austin LLP, New York (Melissa ColÓn-Bosolet, Eamon P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Why Trump Will Likely be Held in Contempt and What Then
22 Apr 2024, 10:01 am by Norman L. Eisen
In granting the motion, Justice Merchan rejected Trump’s argument that as the presumptive Republican nominee for president, he needs to be able to respond to political attacks and “criticize these public figures. [read post]
Just Security - https://www.justsecurity.org/
Blog Post: Larson’s Workers’ Compensation Law Case Spotlights (Spring 2024)
9 Apr 2024, 7:03 am by Robin E. Kobayashi
LEXIS 450 (3d Dept. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
NY Appellate Court Overturns Summary Judgment in Road Maintenance Takings Case
8 Mar 2024, 7:50 am by Patricia Salkin
InFederman v. [read post]
Law of the Land - https://lawoftheland.wordpress.com/
Let’s Talk About Dilution
22 Jan 2024, 3:32 am by Peter J. Sluka
  A member might also take guidance from the First Department’s decision in Lemle v Lemle, 92 AD3d 494, 497 [1st Dept 2012]. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Status quo watch
18 Jan 2024, 5:12 am by John Elwood
(relisted after the Jan. 5 and Jan. 12 conferences)  Missouri Dept. of Corrections v. [read post]
SCOTUSblog - http://www.scotusblog.com/
OT2023’s last grants?
10 Jan 2024, 8:05 pm by John Elwood
The most high-profile case of the bunch is City of Grants Pass, Oregon v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Blog Post: Larson’s Workers’ Compensation Law Case Spotlights (Fall 2023)
2 Jan 2024, 10:01 am by Robin E. Kobayashi
Thus, in Lawson v. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
New York LLC Caselaw’s Greatest Hits
13 Nov 2023, 4:07 am by Peter Mahler
Spires‘ legacy is at work in the many business divorce cases among members of LLCs that have no written operating agreement. 2006: Oppression Not Grounds for Dissolution. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/