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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
Community Assn. v New York State Urban Dev. [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
Community Assn. v New York State Urban Dev. [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
The State actors are the State of New York, Governor of the State of New York, the New York State Board of Regents, the New York State Education Department, and the New York State Commissioner of Education (collectively the State). [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
The State actors are the State of New York, Governor of the State of New York, the New York State Board of Regents, the New York State Education Department, and the New York State Commissioner of Education (collectively the State). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A final determination and the exhaustion of administrative remedies are typically essential to obtaining judicial review of the administrative determination
30 Aug 2023, 6:00 am by Public Employment Law Press
" Further, as the decision in Walton v New York State Department of Correctional Servs., 25 AD3d 999, modified, 8 NY3d at 191, notes, "an individual is not required to exhaust the available administrative remedy where such action would constitute an exercise in futility. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A final determination and the exhaustion of administrative remedies are typically essential to obtaining judicial review of the administrative determination
30 Aug 2023, 6:00 am by Public Employment Law Press
" Further, as the decision in Walton v New York State Department of Correctional Servs., 25 AD3d 999, modified, 8 NY3d at 191, notes, "an individual is not required to exhaust the available administrative remedy where such action would constitute an exercise in futility. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Accumulating eligibility towards tenure via so-called "Jarema credit"
18 Jul 2023, 6:00 am by Public Employment Law Press
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Accumulating eligibility towards tenure via so-called "Jarema credit"
18 Jul 2023, 6:00 am by Public Employment Law Press
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Top 10 Business Divorce Cases of 2022
3 Jan 2023, 4:35 am by Peter Mahler
Max v ALP, Inc. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Decided on June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department FRANCESCA E. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Decided on June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department FRANCESCA E. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
New York Civil Liberties Union; New York State Academy of Trial Lawyers; New York State Conference of Mayors and Municipal Officials et al.; New York City Bar Association; New York County Lawyers Association et al.; City of New York; New York State Trial Lawyers Association, amici curiae.SINGAS, J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
New York Civil Liberties Union; New York State Academy of Trial Lawyers; New York State Conference of Mayors and Municipal Officials et al.; New York City Bar Association; New York County Lawyers Association et al.; City of New York; New York State Trial Lawyers Association, amici curiae.SINGAS, J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Rulings Endorse Courts’ Broad Remedial Powers Over Condo and Co-op Board Elections
28 Mar 2022, 3:44 am by Peter Mahler
Co-op Owner Campaigning for Board Seat Wins Access to Unredacted Shareholder List The Second Department’s decision last week in Matter of O’Donnell v Fleetwood Park Corp. involves a residential co-op with 478 units in Yonkers, New York. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Deciding an action seeking to reinstate the Petitioner/Plaintiff's decedent to his position
12 Nov 2021, 4:00 am by Public Employment Law Press
"The employment of a probationary employee may not be terminated 'in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law'" (Matter of Lake v Town of Southold, 189 AD3d at 1591, quoting Matter of Lane v City of New York, 92 AD3d 786, 786). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Deciding an action seeking to reinstate the Petitioner/Plaintiff's decedent to his position
12 Nov 2021, 4:00 am by Public Employment Law Press
"The employment of a probationary employee may not be terminated 'in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law'" (Matter of Lake v Town of Southold, 189 AD3d at 1591, quoting Matter of Lane v City of New York, 92 AD3d 786, 786). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Public policy in New York State favors arbitral resolution of public sector labor disputes
31 Mar 2021, 4:00 am by Public Employment Law Press
"Public policy in New York favors arbitral resolution of public sector labor disputes" (Matter of Board of Educ. of the Yonkers City Sch. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Public policy in New York State favors arbitral resolution of public sector labor disputes
31 Mar 2021, 4:00 am by Public Employment Law Press
"Public policy in New York favors arbitral resolution of public sector labor disputes" (Matter of Board of Educ. of the Yonkers City Sch. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Finding a reasonable relationship between the subject matter of a grievance and certain provisions set out in a collective bargaining agreement is often the key to submitting the dispute to arbitration
11 Dec 2020, 4:00 am by Public Employment Law Press
The court explained that "Public policy in New York favors arbitral resolution of public sector labor disputes," noting, however, that a dispute between a public sector employer and a public employee organization concerning a provision set out in a CBA will survive a motion to stay the arbitration if it fails the "two-prong test" used by New York State courts in resolving such matters. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Finding a reasonable relationship between the subject matter of a grievance and certain provisions set out in a collective bargaining agreement is often the key to submitting the dispute to arbitration
11 Dec 2020, 4:00 am by Public Employment Law Press
The court explained that "Public policy in New York favors arbitral resolution of public sector labor disputes," noting, however, that a dispute between a public sector employer and a public employee organization concerning a provision set out in a CBA will survive a motion to stay the arbitration if it fails the "two-prong test" used by New York State courts in resolving such matters. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/