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16 Mar 2015, 6:15 am
”* The Administrative Code of the City of New York provides that an employee may forfeit his or her retirement allowance under certain circumstances. [read post]
16 Mar 2015, 5:50 am
Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
15 Mar 2015, 7:53 am
LEXIS 28041 (ED NY, March 6, 2015), a New York federal district court dismissed, primarily for failure to exhaust administrative remedies, a complaint by a former Native American inmate that he was refused a transfer to a correctional facility in which he could have access to a sweat lodge, tobacco for pipe ceremonies, musical instruments and religious literature.In Rountree v. [read post]
15 Mar 2015, 5:24 am
” Residents are routinely charged with minor administrative infractions. [read post]
13 Mar 2015, 8:42 am
The court noted that the Hearing Officer erroneously found, which finding was adopted by the Comptroller, "[Officer] simply injured himself when he slipped after placing shackles on the inmate's feet" (emphasis by the court). [read post]
13 Mar 2015, 3:16 am
Specifically, the court stated that “[t]he function of each agency (referring to the Attorney General and the Housing and Development Administration) is not a substitute for that of the other. [read post]
12 Mar 2015, 10:47 pm
As the court noted, one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law. [read post]
9 Mar 2015, 8:18 am
Threatening workplace violence2015 NY Slip Op 01754, Appellate Division, First DepartmentAn employee [Employee] was found guilty of disciplinary charges alleging that he threatened his supervisor with violence. [read post]
5 Mar 2015, 7:05 pm
The court also found that there was substantial evidence in the record that respondent taxicab driver had a specific intent to overcharge riders. [read post]
4 Mar 2015, 9:30 am
Employee’s refusal to cooperate with a police investigation found to constitute misconduct2015 NY Slip Op 01740, Appellate Division, First DepartmentThe Appellate Division confirmed the determination of New York City’s Police Commissioner adopting the findings of the disciplinary Hearing Officer that a New York City police officer had engaged in misconduct, and imposing a penalty of forfeiture of 30 vacation days, a 30-day suspension, without pay, and a one-year dismissal… [read post]
4 Mar 2015, 9:03 am
Kasten, 2015 NY Slip Op 00491 (2nd Dept. 2015). [read post]
4 Mar 2015, 5:41 am
H/T Eugene Volokh Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
4 Mar 2015, 5:02 am
” The Appellate Division sustained the Commissions action.The court noted that although the driver did not exhaust his administrative remedies because he failed to appeal Chairperson's final decision to revoke petitioner's license, he contended that the data from a global-positioning-system (GPS) device installed by the TLC as part of its Taxi Technology System without a court order was obtained in violation of the New York State Constitution and the United… [read post]
3 Mar 2015, 9:54 am
Indeed, according to Senator Chuck Schumer (D-NY), “the tickets are hotter than fresh latkes. [read post]
3 Mar 2015, 5:15 am
Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
26 Feb 2015, 5:36 am
Samantha Harris at FIRE is making administrators at the University of Colorado, Boulder, very sad. [read post]
25 Feb 2015, 4:25 am
Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
25 Feb 2015, 4:00 am
Refusing to answer work-related questions in the course of an investigation 2015 NY Slip Op 01573, Appellate Division, First DepartmentThe question of compelling a public officer or employee to testify or risk termination was considered by the Court of Appeals in Matt v LaRocca, 71 NY2d 154, cert denied 486 US 1007. [read post]
23 Feb 2015, 9:19 am
Determining seniority of probationary employees in the event of a layoffKenny v Rockland County Supt. of Highways, 2015 NY Slip Op 01453, Appellate Division, Second DepartmentKevin J. [read post]
20 Feb 2015, 10:06 am
” Ultimately, the brief concludes, “Injecting these complexities into the administration of the PLRA serves no evident useful purpose. [read post]
