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26 Jun 2015, 4:00 am
Public employees cannot be required to surrender their legal right to their continued receipt of retirement benefits otherwise provided by law2015 NY Slip Op 05243, Appellate Division, Third DepartmentUpon reaching the age of 70 the NY Constitution, Article VI, §25(b) and Judiciary Law §115 requires Supreme Court justices to apply for certification to continue their services on the Supreme Court bench. [read post]
24 Jun 2015, 11:20 am
DHS to Release More Illegal Immigrant Families: Even though a recent report revealed that 84 percent of Central American families who illegally entered the U.S. last year seeking asylum failed to appear in court, the Obama administration proceeded to further reduce family detention. [read post]
23 Jun 2015, 4:00 am
As the Court of Appeals held in Matter of Block v Ambach, 73 NY2d 323, "in the administrative forum, the charges need only be reasonably specific, in light of all the relevant circumstances, to apprise the party whose rights are being determined of the charges against him and to allow for the preparation of an adequate defense. [read post]
22 Jun 2015, 4:00 am
Administrative decision adversely affecting employee that considered allegations not set out in the charges vacated2015 NY Slip Op 04764, Appellate Division, First DepartmentSupreme Court’s denial of a probationary teacher’s [Probationer] the petition to [1] annul the Board of Education’s [BOE] determination sustaining the Probationer’s an unsatisfactory rating (U-rating) as a teacher for the 2006-2007 school year, and [2] dismissing the proceeding,… [read post]
16 Jun 2015, 3:30 am
”The Appellate Division said that a court's review of an administrative agency's determination is limited to "ascertain[ing] whether there is a rational basis for the action in question or whether it is arbitrary and capricious," citing Gilman v New York State Div. of Housing and Community Renewal, 99 NY2d 144. [read post]
16 Jun 2015, 3:30 am
”The Appellate Division said that a court's review of an administrative agency's determination is limited to "ascertain[ing] whether there is a rational basis for the action in question or whether it is arbitrary and capricious," citing Gilman v New York State Div. of Housing and Community Renewal, 99 NY2d 144. [read post]
14 Jun 2015, 5:59 am
Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
12 Jun 2015, 2:00 am
Filing disciplinary charges against an individual is a condition precedent to a demand for an administrative disciplinary hearing2015 NY Slip Op 00587, Appellate Division, Third DepartmentFollowing an investigation, New York State’s Division of Human Rights [SDHR] issued a determination of no probable cause to believe that the employer, a school district [District] had engaged in unlawful discriminatory practices with respect to the compliant filed with it by a former… [read post]
12 Jun 2015, 2:00 am
Filing disciplinary charges against an individual is a condition precedent to a demand for an administrative disciplinary hearing2015 NY Slip Op 00587, Appellate Division, Third DepartmentFollowing an investigation, New York State’s Division of Human Rights [SDHR] issued a determination of no probable cause to believe that the employer, a school district [District] had engaged in unlawful discriminatory practices with respect to the compliant filed with it by a former… [read post]
10 Jun 2015, 11:30 am
The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action2015 NY Slip Op 04356, Appellate Division, Third DepartmentDepartment of Taxation and Finance [Department] undertook a department-wide audit to identify employees who had overstated their job-related expense deductions on their personal income tax returns. [read post]
10 Jun 2015, 11:30 am
The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action2015 NY Slip Op 04356, Appellate Division, Third DepartmentDepartment of Taxation and Finance [Department] undertook a department-wide audit to identify employees who had overstated their job-related expense deductions on their personal income tax returns. [read post]
9 Jun 2015, 4:00 am
In response to the Greene County Administrator’s denial of the grievance on the grounds that the Civil Service Probationary Rules for Greene Countycontrolled. [read post]
9 Jun 2015, 4:00 am
In response to the Greene County Administrator’s denial of the grievance on the grounds that the Civil Service Probationary Rules for Greene Countycontrolled. [read post]
7 Jun 2015, 11:52 am
Courts have the power and the duty to make certain that an administrative official or body has not acted in excess of the grant of authority given by statute2015 NY Slip Op 04712, Appellate Division, Third DepartmentThe Civil Service Law §75 hearing officer found the employee [Employee] guilty of two of the three charges of alleged misconduct and recommended that the penalty of termination be imposed. [read post]
7 Jun 2015, 11:52 am
Courts have the power and the duty to make certain that an administrative official or body has not acted in excess of the grant of authority given by statute2015 NY Slip Op 04712, Appellate Division, Third DepartmentThe Civil Service Law §75 hearing officer found the employee [Employee] guilty of two of the three charges of alleged misconduct and recommended that the penalty of termination be imposed. [read post]
4 Jun 2015, 11:30 am
Cuomo announces thirteen new appointments to his administration Jen McCormick has been appointed First Deputy Commissioner of the Department of Agriculture and Markets. [read post]
4 Jun 2015, 11:30 am
Cuomo announces thirteen new appointments to his administration Jen McCormick has been appointed First Deputy Commissioner of the Department of Agriculture and Markets. [read post]
4 Jun 2015, 4:00 am
Courts will strictly construe the terms of a disciplinary settlement agreement setting out the reason permitting the employee to be summarily terminated from his or her position 2015 NY Slip Op 01181, Appellate Division, First Department Supreme Court denied an Article 78 petition filed by an individual [Plaintiff] seeking to annul the appointing authority’s decision to terminate his employment. [read post]
4 Jun 2015, 4:00 am
Courts will strictly construe the terms of a disciplinary settlement agreement setting out the reason permitting the employee to be summarily terminated from his or her position 2015 NY Slip Op 01181, Appellate Division, First Department Supreme Court denied an Article 78 petition filed by an individual [Plaintiff] seeking to annul the appointing authority’s decision to terminate his employment. [read post]
3 Jun 2015, 1:08 pm
Loretta Musial, the administrative assistant, and all the coaches! [read post]
