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As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
Decided and Entered: June 06, 2024 Before: Kern, J.P., Moulton, Friedman, González, Pitt-Burke, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
Decided and Entered: June 06, 2024 Before: Kern, J.P., Moulton, Friedman, González, Pitt-Burke, JJ. [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
Decided and Entered: May 21, 2024Before: Kern, J.P., Oing, Kapnick, Higgitt, Michael, JJ. [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
Decided and Entered: May 21, 2024Before: Kern, J.P., Oing, Kapnick, Higgitt, Michael, JJ. [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/
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
IANNACCI, J.P. [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
IANNACCI, J.P. [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
DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur. [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
DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur. [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
Dan v City of New York2024 NY Slip Op 02659Decided on May 14, 2024Appellate Division, First DepartmentPublished 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 14, 2024Before: Oing, J.P., González, Kennedy, Higgitt, O'Neill Levy, JJ.Index No. 21313/16 Appeal No. 2265 Case No. 2023-03010[*1]Janet Dan,… [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
Dan v City of New York2024 NY Slip Op 02659Decided on May 14, 2024Appellate Division, First DepartmentPublished 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 14, 2024Before: Oing, J.P., González, Kennedy, Higgitt, O'Neill Levy, JJ.Index No. 21313/16 Appeal No. 2265 Case No. 2023-03010[*1]Janet Dan,… [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
Cuomo, Respondent,vNew York State Commission on Ethics and Lobbying in Government, Appellant.Calendar Date:February 16, 2024Before: Egan Jr., J.P., Clark, Reynolds Fitzgerald, McShan and Powers, JJ.Letitia James, Attorney General, Albany (Dustin J. [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
Cuomo, Respondent,vNew York State Commission on Ethics and Lobbying in Government, Appellant.Calendar Date:February 16, 2024Before: Egan Jr., J.P., Clark, Reynolds Fitzgerald, McShan and Powers, JJ.Letitia James, Attorney General, Albany (Dustin J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Petitioners failed to reject Respondent's answer and deem it a nullity due to its lack of a verification resulting in Supreme Court abusing its discretion by sua sponte striking Respondent's answer
14 May 2024, 6:00 am by Public Employment Law Press
 Matter of Davis v Schley2024 NY Slip Op 02614Decided on May 10, 2024Appellate Division, First DepartmentPublished 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 10, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill-Levy, JJ.Index No. 153380/24 Appeal No. 2415 Case No. 2024-02974[*1]In the… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Petitioners failed to reject Respondent's answer and deem it a nullity due to its lack of a verification resulting in Supreme Court abusing its discretion by sua sponte striking Respondent's answer
14 May 2024, 6:00 am by Public Employment Law Press
 Matter of Davis v Schley2024 NY Slip Op 02614Decided on May 10, 2024Appellate Division, First DepartmentPublished 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 10, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill-Levy, JJ.Index No. 153380/24 Appeal No. 2415 Case No. 2024-02974[*1]In the… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
DILLON, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
DILLON, J.P. [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/