Search for: "Disciplinary Counsel v. York" Results 21 - 40 of 406
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24 Aug 2011, 3:27 am
Applying the terms of disciplinary settlement agreementPerretti v NYC Transit Auth., 283 AD2d 737 The New York City Transit Authority challenged a decision by the Unemployment Insurance Appeals Board granting one of its employees, Frank P. [read post]
12 Jan 2016, 4:00 am by The Public Employment Law Press
Motions to have an administrative law judge recuse himself or herself from presiding at a disciplinary hearingNew York City Dept. of Environmental Protection v Giacia, OATH Index No. 211/16, [Memorandum Decision]In the course of an employee disciplinary proceeding, the New York City Department of Environmental Protection asked New York City Office of Administrative Tribunals and Hearing Administrative Law Judge John B. [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]
18 Apr 2011, 4:57 am
Early intervention counseling Tatum v Horn, 37 AD3d 285 Wayne Tatum appealed his dismissal from his position as a New York City correction office after being found guilty of a number of allegations of misconduct. [read post]
17 Apr 2017, 6:30 am by The Public Employment Law Press
Right to administrative due process not compromised by a three-year delay in conducting a disciplinary hearing and, or, other alleged procedural errorsArmbruster v Cassano, 2017 NY Slip Op 02641, Appellate Division, Second DepartmentNew York City Firefighter Daniel Armbruster had tested positive for cocaine during a random drug test administered by the New York City Fire Department, in contravention of the Department's "zero tolerance" drug policy. [read post]
6 Jul 2010, 6:18 am by Franco Tarulli
Federal Court, Southern District of New York issued a decision in Gucci America Inc. v. [read post]
3 Jul 2012, 3:40 am
A police force is a semi-military organization and the appointing authority has “great leeway” is determining an appropriate disciplinary penalty Smeraldo v Rater, 55 AD3d 1298 Timothy J. [read post]
31 Oct 2014, 4:00 am by The Public Employment Law Press
On the other hand, counseling letters may not be used as a subterfuge for avoiding initiating formal disciplinary action against a tenured individual.The decisions of the Commissioner of Education in Fusco v Jefferson County School District, CEd, 14,396, and Irving v Troy City School District, CEd 14,373, are instructive in this regard. [read post]
23 Apr 2024, 6:00 am by Public Employment Law Press
_______ A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. [read post]
23 Apr 2024, 6:00 am by Public Employment Law Press
_______ A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. [read post]
12 Sep 2012, 12:04 pm
” Further, New York recognizes so-called “Alford pleas” (North Carolina v. [read post]
21 Aug 2020, 4:00 am by Public Employment Law Press
Assistance of counsel: The court dismissed Student's claim that he was denied the assistance of counsel at his hearing, noting Student was, as authorized by SUNY's administrative hearing procedures, assisted by an attorney advisor throughout the disciplinary process, including such assistance at the hearings. [read post]
21 Aug 2020, 4:00 am by Public Employment Law Press
Assistance of counsel: The court dismissed Student's claim that he was denied the assistance of counsel at his hearing, noting Student was, as authorized by SUNY's administrative hearing procedures, assisted by an attorney advisor throughout the disciplinary process, including such assistance at the hearings. [read post]
7 Apr 2011, 4:07 am
In another Section 3020-a disciplinary action that involved considering public policy with respect to the penalty imposed, the Appellate Division, Second Department, found that a disciplinary penalty consisting of counseling, remediation, and a 60-day suspension, violated a strong public policy. [read post]
3 Dec 2018, 4:00 am by Public Employment Law Press
" The court explained that the stipulation signed by Nobile and the attorney acting on behalf of DOE is binding under general contract principles, citing Hallock v State of New York, 64 NY2d 224, as Nobile failed to show that there was fraud, collusion, mistake or accident with respect to the execution of the settlement by Nobile, or that DOE's counsel lacked DOE's consent to enter into the stipulation. [read post]
3 Dec 2018, 4:00 am by Public Employment Law Press
" The court explained that the stipulation signed by Nobile and the attorney acting on behalf of DOE is binding under general contract principles, citing Hallock v State of New York, 64 NY2d 224, as Nobile failed to show that there was fraud, collusion, mistake or accident with respect to the execution of the settlement by Nobile, or that DOE's counsel lacked DOE's consent to enter into the stipulation. [read post]