Search for: "Kelly v. Employment Division"
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13 May 2021, 4:00 am
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]
13 May 2021, 4:00 am
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]
2 Jul 2012, 4:32 am
Creditable medical evidence trumps presumption that a disease of the heart was incurred in the performance of police officer duties Goodacre v Kelly, 2012 NY Slip Op 05096, Appellate Division, First Department Supreme Court, granted the Article 78 petition filed by a New York City police officer, Charles Goodacre, seeking, among other things, to annul the determination by the Trustees of the Retirement System denying his application for accident disability retirement… [read post]
8 Dec 2021, 7:30 am
" The Appellate Division also noted that "Where police discipline is at issue, [judicial review] must allow 'great leeway' to the Commissioner's determinations regarding the appropriate punishment" to be imposed and, citing Matter of Kelly v Safir, 96 NY2d 32, observed that it is for "... the Commissioner, not the courts, who is accountable to the public for the integrity of the Department" to determine the disciplinary penalty to… [read post]
8 Dec 2021, 7:30 am
" The Appellate Division also noted that "Where police discipline is at issue, [judicial review] must allow 'great leeway' to the Commissioner's determinations regarding the appropriate punishment" to be imposed and, citing Matter of Kelly v Safir, 96 NY2d 32, observed that it is for "... the Commissioner, not the courts, who is accountable to the public for the integrity of the Department" to determine the disciplinary penalty to… [read post]
23 Apr 2024, 6:00 am
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
23 Apr 2024, 6:00 am
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
17 Apr 2014, 4:00 am
Statute providing for a “presumption” that a disabling condition was incurred in the performance of duty to be read narrowlyAnonymous v Kelly, 2014 NY Slip Op 02141, Appellate Division, First DepartmentRejection of Anonymous’ application for accidental disability retirement benefits was affirmed by Appellate Division, vacating a ruling by Supreme Court remanding the matter to the Retirement System’s Board of Trustees.The court said that… [read post]
5 Mar 2024, 6:00 am
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an… [read post]
5 Mar 2024, 6:00 am
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an… [read post]
12 Feb 2009, 4:11 am
A police force is a quasi-military organization and its members are subject strict disciplineMatter of Lundy v City of Oswego, 2009 NY Slip Op 00772, Decided on February 6, 2009, Appellate Division, Fourth DepartmentGeorge Lundy sued the City of Oswego and its mayor in an effort to annul a Civil Service Law Section 75 determination terminating his employment as Oswego's Chief of Police.The Appellate Division found that the disciplinary determination was… [read post]
24 Jun 2022, 9:05 pm
Petitioner failed to show by competent proof that ACS terminated his employment in bad faith, or for an improper or impermissible reason (see Matter of Che Lin Tsao v Kelly, 28 AD3d 320, 321 [1st Dept 2006]; see also Matter of Patterson v City of New York, 173 AD3d 540, 541 [1st Dept 2019], lv denied 35 NY3d 906 [2020]). [read post]
24 Jun 2022, 9:05 pm
Petitioner failed to show by competent proof that ACS terminated his employment in bad faith, or for an improper or impermissible reason (see Matter of Che Lin Tsao v Kelly, 28 AD3d 320, 321 [1st Dept 2006]; see also Matter of Patterson v City of New York, 173 AD3d 540, 541 [1st Dept 2019], lv denied 35 NY3d 906 [2020]). [read post]
9 May 2023, 6:00 am
Rather, said the Appellate Division, Comptroller's determination is supported by substantial evidence the injuries suffered by Petitioner were an inherent risk in Petitioner performing his duties as a police officer.* See Matter of Grall v DiNapoli, 196 AD3d 962.Click HERE to access the decision of the Appellate Division posted on the Internet. [read post]
9 May 2023, 6:00 am
Rather, said the Appellate Division, Comptroller's determination is supported by substantial evidence the injuries suffered by Petitioner were an inherent risk in Petitioner performing his duties as a police officer.* See Matter of Grall v DiNapoli, 196 AD3d 962.Click HERE to access the decision of the Appellate Division posted on the Internet. [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]
10 May 2011, 4:23 am
Further, said the Appellate Division, “we cannot conclude that the penalty of dismissal imposed by the hospital was ‘so disproportionate to the offense as to be shocking to one's sense of fairness’ so as to constitute an abuse of discretion as a matter of law,” citing Matter of Kelly v Safir, 96 NY2d at 32. [read post]
21 May 2013, 7:02 am
As to the Commissioner’s decision to terminate the police officer, citing Kelly v Safir, 96 NY2d 32, the Appellate Division said that “The penalty imposed does not shock the conscience since [the Commissioner] is accountable to the public for the integrity of the Department. [read post]
6 Sep 2017, 4:00 am
"Citing Kelly v Safir, 96 NY2d 32, the Appellate Division held that the penalty was not shockingly disproportionate to the offense "in light of the extent of [Oberman's] misconduct, the warnings he had received against such misconduct, his failure to accept responsibility, and the high ethical standards to which he was held as an attorney. [read post]
9 May 2016, 4:00 am
The penalty imposed by the New York City Commissioner of Police in Gomez II: termination of Gomez’s employment as a police officer. [read post]
