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29 May 2024, 6:00 am by Public Employment Law Press
The penalty of dismissal is not "so disproportionate to the offense as to be shocking to one's sense of fairness" (Matter of Kelly v Safir, 96 NY2d 32, 38 [2001] [internal quotation marks omitted]). [read post]
29 May 2024, 6:00 am by Public Employment Law Press
The penalty of dismissal is not "so disproportionate to the offense as to be shocking to one's sense of fairness" (Matter of Kelly v Safir, 96 NY2d 32, 38 [2001] [internal quotation marks omitted]). [read post]
23 Apr 2024, 6:00 am by Public Employment Law Press
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
23 Apr 2024, 6:00 am by Public Employment Law Press
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
5 Mar 2024, 10:01 pm by Donald Dinnie
Normadien Farms (PTY) Ltd v SAFIRE Crop Protection Co-operative Limited (8960/2016P) [2023] ZAKZPHC 6 (26 January 2023) [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
  Matter of Town of Hempstead v New York State Div. of Human Rights 2023 NY Slip Op 02129 Decided on April 26, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
  Matter of Town of Hempstead v New York State Div. of Human Rights 2023 NY Slip Op 02129 Decided on April 26, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
7 Feb 2022, 7:01 am by Jack Goldsmith, Oona Hathaway
Authors’ note: This post draws on an amicus brief we submitted in support of the pending petition for certiorari in Edgar v. [read post]
8 Dec 2021, 7:30 am by Public Employment Law Press
" The Appellate Division also noted that "Where police discipline is at issue, [judicial review] must allow 'great leeway' to the Commissioner's determinations regarding the appropriate punishment" to be imposed and, citing Matter of Kelly v Safir, 96 NY2d 32, observed that it is for "... the Commissioner, not the courts, who is accountable to the public for the integrity of the Department" to determine the disciplinary penalty to be… [read post]
8 Dec 2021, 7:30 am by Public Employment Law Press
" The Appellate Division also noted that "Where police discipline is at issue, [judicial review] must allow 'great leeway' to the Commissioner's determinations regarding the appropriate punishment" to be imposed and, citing Matter of Kelly v Safir, 96 NY2d 32, observed that it is for "... the Commissioner, not the courts, who is accountable to the public for the integrity of the Department" to determine the disciplinary penalty to be… [read post]
16 Jul 2021, 4:00 am by Public Employment Law Press
Smith v Kunkel[16]is a case involving an effort to have a court consider an employee's attempt to withdraw his written resignation prior to its effective date. [read post]
16 Jul 2021, 4:00 am by Public Employment Law Press
Smith v Kunkel[16]is a case involving an effort to have a court consider an employee's attempt to withdraw his written resignation prior to its effective date. [read post]
16 Jul 2021, 4:00 am by Public Employment Law Press
Smith v Kunkel[16]is a case involving an effort to have a court consider an employee's attempt to withdraw his written resignation prior to its effective date. [read post]
16 Jul 2021, 4:00 am by Public Employment Law Press
Smith v Kunkel[16]is a case involving an effort to have a court consider an employee's attempt to withdraw his written resignation prior to its effective date. [read post]
6 Apr 2021, 4:00 am by Public Employment Law Press
* Many Local Civil Service Commissions and Civil Service Law §15 Personnel Officers have adopted rules or regulations similar to those set out in 4 NYCCR 5.3 applicable to employees in the Classified Service in their respective jurisdictions.** Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from the appointing authority conducting a disciplinary hearing in absentia. [read post]
6 Apr 2021, 4:00 am by Public Employment Law Press
* Many Local Civil Service Commissions and Civil Service Law §15 Personnel Officers have adopted rules or regulations similar to those set out in 4 NYCCR 5.3 applicable to employees in the Classified Service in their respective jurisdictions.** Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from the appointing authority conducting a disciplinary hearing in absentia. [read post]
3 Feb 2021, 9:00 am by Public Employment Law Press
The Appellate Division, citing Matter of Kelly v Safir, 96 NY2d 32, reversed the Supreme Court's decision on the law, explaining that an administrative penalty or sanction must be upheld unless it is "so disproportionate to the offense as to be shocking to one's sense of fairness. [read post]
17 Dec 2020, 12:24 am by Public Employment Law Press
"Other decisions involving administrative disciplinary charges served on police officer alleged to have associated with persons thought to have been engaged in criminal activities include Brinson v Safir, 255 AD2d 247, leave to appeal denied 93 NY2d 805; Richardson v Safir, 258 AD2d 328; Delgado v Kerik, 294 A.D.2d 227 and Hastings v City of Sherrill, 90 AD3 1586. [read post]