Search for: "Disciplinary Counsel v. York"
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31 Jan 2011, 4:05 am
Accordingly, said the court, the hearing officer’s decision to go forward with the disciplinary hearing in Toolasprashad's absence was arbitrary and capricious.The Mari decision [Mari v Safir, 291 AD2d 298, motion for leave to appeal denied, 98 NY2d 613] sets out the general standards applied by the courts in resolving litigation resulting from conducting a disciplinary hearing in absentia.The decision demonstrates that an individual against whom… [read post]
24 Jan 2011, 3:14 am
Right to counsel in a disciplinary actionElmore v Plainview-Old Bethpage CSD, 273 AD2d 307The Plainview-Old Bethpage Central School District filed disciplinary charges against one of its teachers, Edwin Elmore, alleging that Elmore had engaged in inappropriate conduct toward a student. [read post]
19 Jan 2011, 3:52 am
Decide that there is insufficient evidence to justify the filing of disciplinary charges but that some other administrative action, such as counseling the individual, is appropriate.3. [read post]
18 Jan 2011, 3:55 am
Federal Court sustains employer application for employee’s involuntary retirement for disabilityCampbell v City of New York, USDC, SDNYJonathan Campbell, claiming that the City of New York deprived him of liberty and property without due process of law in violation of his Fourteenth Amendment rights and his civil rights under 42 USC 1983 when it found him mentally incapacitated and involuntarily retiring him from his position as a New York City Transit… [read post]
11 Jan 2011, 3:55 am
Unemployment insurance and Section 75 disciplinary findingDimps v NYC Human Resources Administration, 274 A.D.2d 625Dimps had been found guilty of 12 of 20 specifications of misconduct by an administrative law judge [ALJ] following a disciplinary hearing pursuant to Section 75 of the Civil Service Law.The ALJ recommended that Dimps be dismissed and HRA adopted the hearing officer’s findings and recommendation regarding the penalty to be imposed. [read post]
13 Dec 2010, 4:15 am
York, the Warren County Sheriff, Nathan H. [read post]
2 Dec 2010, 3:42 am
New York City Civil Service Com'n, 4 N.Y.3d 220, concerning other, jurisdictional, aspects of the underlying disciplinary action.NYPPL [read post]
26 Nov 2010, 2:39 am
The potential for liability can be further reduced by:- Being consistent in prescreening all applicants for certain positions or only those already selected for interviews- Having someone other than the decision maker filter out protected class information if possible- Keeping records of the basis for each employment decision- Not circumventing privacy settings established on applicants' networking sitesIf employers have any questions about whether information found through pre-employment… [read post]
22 Nov 2010, 4:05 am
A party seeking to vacate an arbitration award must prove one or more of the limited reasons for vacating the award set out in Article 75Matter of Smith v New York City Dept. of Educ., 2010 NY Slip Op 51989(U), Decided on November 8, 2010, Supreme Court, New York County, Judge Barbara Jaffe, [Not selected for publication in the Official Reports]Theodore Smith, a tenured physical education teacher at the New York City Department of Education’s Museum School,… [read post]
6 Nov 2010, 5:54 am
Ultimately the Court of Appeals considered the matter in terms of a court's authority to overturn or modify an administrative disciplinary decision or a disciplinary penalty imposed on a worker [Kelly v Safir, 96 N.Y.2d 32].The Court of Appeals, ruled:1. [read post]
5 Nov 2010, 3:56 am
A settlement of a disciplinary action should be memorialize in writingWinkler v Kingston Housing Auth., 259 AD2d 819A public employee who faces disciplinary charges may enter into a settlement agreement that disposes the charges, so long as the waiver is knowingly and intelligently undertaken and serves as the consideration for the curtailment of pending disciplinary proceedings [see Whitehead v State of New York Department of Mental Hygiene, 71… [read post]
4 Nov 2010, 3:45 am
Discontinuing or postponing administrative disciplinary action while criminal action involving the same event is pending and related issuesLevine v New York City Transit Authority, 70 AD2d 900, affirmed 49 NY2d 747New York courts have considered discontinuing disciplinary action while criminal action is pending, holding that an appointing authority has no obligation to postpone administrative disciplinary action even if the county district… [read post]
22 Oct 2010, 3:02 am
Failing to participate in a counseling program results in disciplinary actionSiciliano v Safir, 259 AD2d 366New York City police officer Matthew Siciliano was dismissed from his position after he refused to enter the department’s counseling program. [read post]
28 Sep 2010, 2:30 am
In White v. [read post]
24 Sep 2010, 3:08 pm
JohnsonDocket: 09-1143Issue(s): Whether the denial of the appointment of counsel in a civil case is an immediately appealable order.Certiorari-Stage Documents:Opinion below (Unpublished, 4th Circuit)Petition for certiorariBrief in oppositionPetitioner's replyAmicus brief for the Alliance for Justice Title: Skinner v. [read post]
21 Sep 2010, 10:36 pm
The previous posts are the Introduction, Part I,Part II, Part III, Part IV and Part V.] [read post]
12 Sep 2010, 10:01 am
Board of Regents,[4] a case decided before New York law expressly prohibited fee-splitting. [read post]
9 Sep 2010, 3:57 am
A New York City firefighter, David Murolo, challenged his disciplinary dismissal by contending his misconduct was caused by an alcohol abuse problem that he had overcome. [read post]
8 Sep 2010, 3:55 am
Claiming drug abuse as a disability under the Americans with Disabilities ActD’Amico v Bruno, CA2, 132 F.3d 145Vito D’Amico, a New York City firefighter, complained that the Department violated the Rehabilitation Act of 1973 (an anti-discrimination law that applies to federally-funded employers) when it dismissed him from his position with the Fire Department of the City of New York (NYFD) because of his use of illegal drugs. [read post]
26 Aug 2010, 8:19 am
The suit began in October of 2000, and ECUSA was named as a defendant.The next triennial budget was adopted at General Convention 2003, which saw the confirmation of the election of V. [read post]
