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Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
The Berkman Law Office, LLC, Brooklyn, NY (Kenneth A. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
The Berkman Law Office, LLC, Brooklyn, NY (Kenneth A. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Litigation against a School District and its Board resulting from merger of two school districts deemed timely and may be maintained notwithstanding the fact that the succeeding entity came into existence as a result of the centralization of the two school districts
21 May 2024, 8:00 am by Public Employment Law Press
School Dist. v Greene , 112 AD2d 182, 184 [2d Dept 1985]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Litigation against a School District and its Board resulting from merger of two school districts deemed timely and may be maintained notwithstanding the fact that the succeeding entity came into existence as a result of the centralization of the two school districts
21 May 2024, 8:00 am by Public Employment Law Press
School Dist. v Greene , 112 AD2d 182, 184 [2d Dept 1985]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee challenged the New York City Department of Education's directive requiring him to submit to a medical examination pursuant to Education Law §2568
20 May 2024, 6:00 am by Public Employment Law Press
  This provision, and not Civil Service Law § 72, applies under the circumstances because a more general statute generally must yield to a more specific statute (Matter of Zelazny Family Enters., LLC v Town of Shelby, 180 AD3d 45, 48 [4th Dept 2019]; McKinney’s Cons Laws of NY, Book 1, Statutes § 397). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee challenged the New York City Department of Education's directive requiring him to submit to a medical examination pursuant to Education Law §2568
20 May 2024, 6:00 am by Public Employment Law Press
  This provision, and not Civil Service Law § 72, applies under the circumstances because a more general statute generally must yield to a more specific statute (Matter of Zelazny Family Enters., LLC v Town of Shelby, 180 AD3d 45, 48 [4th Dept 2019]; McKinney’s Cons Laws of NY, Book 1, Statutes § 397). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
The custodian engineer thus did not establish when the door was last inspected before the accident (see Attia v Slazer Enters., LLC, 215 AD3d 413, 414 [1st Dept 2023]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
The custodian engineer thus did not establish when the door was last inspected before the accident (see Attia v Slazer Enters., LLC, 215 AD3d 413, 414 [1st Dept 2023]). [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
Matter of Lake George Assn. v NYS Adirondack Park Agency2024 NY Slip Op 02356Decided on May 2, 2024Appellate Division, Third DepartmentFisher, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 2, 2024CV-23-0672[*1]In the Matter of The Lake George Association et al., Respondents,vNYS Adirondack Park Agency et al.,… [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
Matter of Lake George Assn. v NYS Adirondack Park Agency2024 NY Slip Op 02356Decided on May 2, 2024Appellate Division, Third DepartmentFisher, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 2, 2024CV-23-0672[*1]In the Matter of The Lake George Association et al., Respondents,vNYS Adirondack Park Agency et al.,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
(Board of Educ. of Buffalo City Sch. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
(Board of Educ. of Buffalo City Sch. [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
Saffran, Douglaston, NY, and Consovoy McCarthy PLLC, Arlington, VA (James F. [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
Saffran, Douglaston, NY, and Consovoy McCarthy PLLC, Arlington, VA (James F. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A claimant seeking unemployment insurance benefits is ineligible to receive such benefits if the claimant is not totally unemployed during the period claimed
12 Feb 2024, 6:00 am by Public Employment Law Press
The Appellate Division, referencing Matter of Almindo (New York State Dept. of Corr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A claimant seeking unemployment insurance benefits is ineligible to receive such benefits if the claimant is not totally unemployed during the period claimed
12 Feb 2024, 6:00 am by Public Employment Law Press
The Appellate Division, referencing Matter of Almindo (New York State Dept. of Corr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the Commissioner of Education addressing a number of issues involving requiring an educator to submit proof of COVID-19 vaccination or consent to periodic testing for COVID-19
19 Jan 2024, 6:00 am by Public Employment Law Press
In this appeal to the Commissioner of Education, an educator challenged actions taken by a Board of Education with respect to educator's teaching assignment and the placement of a counseling memorandum in educator's personnel file. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the Commissioner of Education addressing a number of issues involving requiring an educator to submit proof of COVID-19 vaccination or consent to periodic testing for COVID-19
19 Jan 2024, 6:00 am by Public Employment Law Press
In this appeal to the Commissioner of Education, an educator challenged actions taken by a Board of Education with respect to educator's teaching assignment and the placement of a counseling memorandum in educator's personnel file. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Claimants for unemployment insurance benefits found ineligible to receive such benefits because they were not totally unemployed.
29 Dec 2023, 6:00 am by Public Employment Law Press
& Community Supervision--Commissioner of Labor) 2023 NY Slip Op 06424 Decided on December 14, 2023 Appellate Division, Third Department Egan Jr., J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Claimants for unemployment insurance benefits found ineligible to receive such benefits because they were not totally unemployed.
29 Dec 2023, 6:00 am by Public Employment Law Press
& Community Supervision--Commissioner of Labor) 2023 NY Slip Op 06424 Decided on December 14, 2023 Appellate Division, Third Department Egan Jr., J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/