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Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
She was further provided a full opportunity on multiple hearing dates to submit documentation substantiating her claims that she had been advised not to get the vaccine or that the vaccine would be detrimental to her health based upon her preexisting health conditions or medications. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
She was further provided a full opportunity on multiple hearing dates to submit documentation substantiating her claims that she had been advised not to get the vaccine or that the vaccine would be detrimental to her health based upon her preexisting health conditions or medications. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Division held employee sufficiently alleged that, due to his race and/or gender, his sexual harassment complaint was not taken seriously or appropriately investigated by the employer and he was disciplined more harshly than other employees
17 Jun 2024, 6:00 am by Public Employment Law Press
Crookendale v New York City Health & Hosps. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Division held employee sufficiently alleged that, due to his race and/or gender, his sexual harassment complaint was not taken seriously or appropriately investigated by the employer and he was disciplined more harshly than other employees
17 Jun 2024, 6:00 am by Public Employment Law Press
Crookendale v New York City Health & Hosps. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
What constitutes a public purpose is defined broadly and "encompasses any use which contributes to the health, safety, general welfare, convenience or prosperity of the community" (Matter of 225 Front St., Ltd. v City of Binghamton, 61 AD3d 1155, 1157 [3d Dept 2009] [internal quotation marks and citations omitted]; accord Matter of Johnson v Town of Caroga, 162 AD3d 1353, 1355 [3d Dept 2018]; see Matter of Court St. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
What constitutes a public purpose is defined broadly and "encompasses any use which contributes to the health, safety, general welfare, convenience or prosperity of the community" (Matter of 225 Front St., Ltd. v City of Binghamton, 61 AD3d 1155, 1157 [3d Dept 2009] [internal quotation marks and citations omitted]; accord Matter of Johnson v Town of Caroga, 162 AD3d 1353, 1355 [3d Dept 2018]; see Matter of Court St. [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/
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/
New York City's Police Commissioner is afforded "great leeway" in disciplinary matters
29 May 2024, 6:00 am by Public Employment Law Press
Corp., 65 AD3d 470, 472 [1st Dept 2009]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York City's Police Commissioner is afforded "great leeway" in disciplinary matters
29 May 2024, 6:00 am by Public Employment Law Press
Corp., 65 AD3d 470, 472 [1st Dept 2009]). [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/
The concept of the separation of powers indicates no single branch of government may assume the power of another branch of government
15 May 2024, 6:00 am by Public Employment Law Press
Legislative power in New York is vested in the Senate and Assembly (see NY Const, art III, § 1), whereas executive power is vested in the governor (see NY Const, art IV, § 1). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The concept of the separation of powers indicates no single branch of government may assume the power of another branch of government
15 May 2024, 6:00 am by Public Employment Law Press
Legislative power in New York is vested in the Senate and Assembly (see NY Const, art III, § 1), whereas executive power is vested in the governor (see NY Const, art IV, § 1). [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/
ABUSE OF POWERS OF ATTORNEY
29 Apr 2024, 7:00 am by Bret Cahn
(Steven S.), ___Misc 3d___, 2023 NY Slip Op 23416 [2023]). [read post]
New York Trusts & Estates Litigation Blog - http://www.nyestatelitigationblog.com/
NY Court of Appeals holds plaintiffs cannot sue individual coworkers for discrimination under the NYC Human Rights Law
29 Apr 2024, 6:30 am by Second Circuit Civil Rights Blog
New York Yankees, 307 A.D.2d 67 (1st Dept. 2003), that the City Council in 2005 disavowed in amending the City HRL to provide greater protections for plaintiffs who sue their coworkers. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Old Procedural Decisions Doom Legal Malpractice Case
19 Apr 2024, 4:12 am by Andrew Lavoott Bluestone
Jewish Health Sys., Inc. v Aetna US Healthcare, Inc., 27 AD3d 439, 440 [2d Dept 2006]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
A Conflict Perhaps; Judiciary Law 487 Violation, No
10 Apr 2024, 4:52 am by Andrew Lavoott Bluestone
Preferred Prescription, Inc. v Health Mgt., 252 AD2d 414,416 [1st Dept 1998]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/