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16 May 2017, 11:00 am by The Public Employment Law Press
., 2017 NY Slip Op 03699, Appellate Division, First DepartmentSupreme Court granted the NYC Civil Service Commission's motion dismissing a CPLR Article 78 petition seeking to vacate a determination by the Commission the terminated the petitioner's [Petitioner] employment as a New York City correction officer.The Appellate Division explained that the New York City Civil Service Commission is subject to judicial review only if "the agency has acted illegally,… [read post]
1 Apr 2022, 5:00 am by Public Employment Law Press
Rather, said the court, Civil Service Law §75-b prohibits a public employer from dismissing or taking any "other disciplinary or other adverse personnel action against a public employee regarding the employee's employment" because the employee discloses information of either: (1) a violation of rule or law which presents a substantial and specific danger to public health and safety, or (2) improper governmental action (see Matter of Kowaleski [New York State Dept.… [read post]
1 Apr 2022, 5:00 am by Public Employment Law Press
Rather, said the court, Civil Service Law §75-b prohibits a public employer from dismissing or taking any "other disciplinary or other adverse personnel action against a public employee regarding the employee's employment" because the employee discloses information of either: (1) a violation of rule or law which presents a substantial and specific danger to public health and safety, or (2) improper governmental action (see Matter of Kowaleski [New York State Dept.… [read post]
2 May 2011, 8:20 pm
The employer was correct in its assertion that, as a general principle, and under certain conditions, a statute of limitations may be contractually shortened, observed the court. [read post]
6 Jul 2012, 4:14 am
" Citing Matter of Wooley v New York State Dept. of Correctional Servs., 15 NY3d 275, the Appellate Division said that a court will overturn such action only "where it is taken without sound basis in reason' or regard to the facts'" or where it is "arbitrary and capricious. [read post]
15 Jan 2016, 11:08 am by Sarah M Donnelly
 § 111, it should have been up to the jury to determine whether Officer Mousseau was a Dept. of Public Safety officer at the time of the assault. [read post]
1 Feb 2007, 11:02 am
The district court agreed and held that the Wyoming Department of Corrections and the individual defendants violated her procedural due process rights. [read post]
15 Oct 2019, 10:35 pm by Gary Chodorow
(Aug. 14, 2019 Rule; Oct. 2, 2019 Corrections to Rule; USCIS Fact Sheet). [read post]
15 May 2024, 10:00 am by Public Employment Law Press
The custodian engineer thus did not establish when the door was last inspected before the accident (see Attia v Slazer Enters., LLC, 215 AD3d 413, 414 [1st Dept 2023]). [read post]
15 May 2024, 10:00 am by Public Employment Law Press
The custodian engineer thus did not establish when the door was last inspected before the accident (see Attia v Slazer Enters., LLC, 215 AD3d 413, 414 [1st Dept 2023]). [read post]
3 Jan 2010, 5:58 am by Brian Shiffrin
Defendant gave the police an incorrect combination to the safe, and the police were able to open it only after defendant's mother retrieved the correct combination from a slip of paper in her purse. [read post]
26 Mar 2010, 5:00 pm by Brian Shiffrin
In People v Gregory (2010 NY Slip Op 02608 [4th Dept 3/26/10]) the Fourth Department has held that the imposition of SORA registation requirements 11 years after the expiration of the defendant's sentence was impproper. [read post]
3 Jun 2010, 4:53 am by Jeff Foust
“Obama has made a serious, serious error there, and we will fight daily to correct that. [read post]