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Appellate Division opines that the penalty of dismissal from employment as a police officer for use of cocaine does not shock the conscience and is not disproportionate to the misconduct

28 Jun 2024, 6:00 am by Public Employment Law Press

Worth, London & Martinez, LLP, New York (Stuart Gold of counsel), for appellant. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Appellate Division opines that the penalty of dismissal from employment as a police officer for use of cocaine does not shock the conscience and is not disproportionate to the misconduct

28 Jun 2024, 6:00 am by Public Employment Law Press

Worth, London & Martinez, LLP, New York (Stuart Gold of counsel), for appellant. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice

13 Jun 2024, 6:00 am by Public Employment Law Press

Assoc. v State Div. of Human Rights, 45 NY2d 176, 179-180 [1978]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice

13 Jun 2024, 6:00 am by Public Employment Law Press

Assoc. v State Div. of Human Rights, 45 NY2d 176, 179-180 [1978]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected

11 Jun 2024, 5:00 am by Public Employment Law Press

Herbst and Benjamin J. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected

11 Jun 2024, 5:00 am by Public Employment Law Press

Herbst and Benjamin J. [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

Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). [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

Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department

22 May 2024, 6:00 am by Public Employment Law Press

Michael J. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department

22 May 2024, 6:00 am by Public Employment Law Press

Michael J. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Plaintiff Succeeded On Three Claims and Still Sued for Legal Malpractice

15 May 2024, 3:56 am by Andrew Lavoott Bluestone

The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

DA Secures Conviction in Antioch Murder Case at the Center of Racial Justice Act Violations

7 May 2024, 11:46 am by Yosi Yahoudai

” Case No. 01001976380 | The People of the State of California v. [read post]

J&Y Personal Injury Blog - https://jnylaw.com/blog/

A Bad Faith and Legal Malpractice Case Avoids Dismissal

25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone

Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint sufficiently stated a cause of action alleging legal malpractice against the law firm defendants (see Shaya B. [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

A Northern California city gave a homeless camp a lease as an experiment. Here’s what happened

12 Mar 2024, 8:02 am by Yosi Yahoudai

That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]

J&Y Personal Injury Blog - https://jnylaw.com/blog/

A Northern California city gave a homeless camp a lease as an experiment. Here’s what happened

12 Mar 2024, 7:10 am by Yosi Yahoudai

That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]

J&Y Personal Injury Blog - https://jnylaw.com/blog/

Sacramento gave a homeless camp a lease as an experiment. Here’s what happened

11 Mar 2024, 7:00 pm by Yosi Yahoudai

That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]