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A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
  Matter of Joseph v Sewell 2024 NY Slip Op 02985 Decided on May 30, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
  Matter of Joseph v Sewell 2024 NY Slip Op 02985 Decided on May 30, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
  Matter of Talavera v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
  Matter of Talavera v New York City Tr. [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
Campbell v City of New York 2024 NY Slip Op 02772 Decided on May 21, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [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
Campbell v City of New York 2024 NY Slip Op 02772 Decided on May 21, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the doctrine of forum non conveniens
14 Feb 2024, 6:00 am by Public Employment Law Press
The Appellate Division's decision in this appeal of a ruling by a New York State Supreme Court is set out below:  Employees Retirement Sys. for the City of Providence v Rohner 2024 NY Slip Op 00674 Decided on February 08, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the doctrine of forum non conveniens
14 Feb 2024, 6:00 am by Public Employment Law Press
The Appellate Division's decision in this appeal of a ruling by a New York State Supreme Court is set out below:  Employees Retirement Sys. for the City of Providence v Rohner 2024 NY Slip Op 00674 Decided on February 08, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Preliminary injunction bars the City of New York from continuing to collect co-payments from certain health insurance plan participants and beneficiaries
30 May 2023, 3:00 am by Public Employment Law Press
The injunction prohibits defendants from continuing to collect co-payments and does not mandate specific conduct by them (State of New York v Town of Haverstraw, 219 AD2d 64, 65-66 [2d Dept 1996]; see generally Second on Second CafÉ, Inc. v Hing Sing Trading, Inc., 66 AD3d 255, 264 [1st Dept 2009]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Preliminary injunction bars the City of New York from continuing to collect co-payments from certain health insurance plan participants and beneficiaries
30 May 2023, 3:00 am by Public Employment Law Press
The injunction prohibits defendants from continuing to collect co-payments and does not mandate specific conduct by them (State of New York v Town of Haverstraw, 219 AD2d 64, 65-66 [2d Dept 1996]; see generally Second on Second CafÉ, Inc. v Hing Sing Trading, Inc., 66 AD3d 255, 264 [1st Dept 2009]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the week ending April 15, 2023 - Rejection of demands for additional compensation for work performed pursuant a contract
15 Apr 2023, 6:00 am by Public Employment Law Press
(TERS) v Contract Dispute Resolution Bd. 2023 NY Slip Op 01878 Decided on April 11, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the week ending April 15, 2023 - Rejection of demands for additional compensation for work performed pursuant a contract
15 Apr 2023, 6:00 am by Public Employment Law Press
(TERS) v Contract Dispute Resolution Bd. 2023 NY Slip Op 01878 Decided on April 11, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Early Edition: February 22, 2023
22 Feb 2023, 5:13 am by Emma Snell
Victoria Kim reports for the New York Times. [read post]
Just Security - https://www.justsecurity.org/
News You Can Use Digest – January 27, 2023
26 Jan 2023, 7:45 pm by Jim Sedor
Supreme Court said it cannot identify the person who in the spring leaked a draft of the opinion that overturned Roe v. [read post]
Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed
[Eugene Volokh] Crafting Exceptions to Laws That Limit Private-Employer-Imposed Speech Restrictions
11 Aug 2022, 5:01 am by Eugene Volokh
Hardison, 432 US 63, 84 (1977). [2] See, e.g., EEOC v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Matter of Lynch v New York City Civilian Complaint Review Bd. 2022 NY Slip Op 04122 Decided on June 28, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Matter of Lynch v New York City Civilian Complaint Review Bd. 2022 NY Slip Op 04122 Decided on June 28, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The State may not be held liable for the actions of a state-employed judge cloaked with judicial immunity
24 Jun 2022, 9:04 pm by Public Employment Law Press
Moskovits v State of New York 2022 NY Slip Op 04098 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/