Search for: "Safir v Safir"
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17 Dec 2020, 12:00 am
"Other decisions involving administrative disciplinary charges served on police officer alleged to have associated with persons thought to have been engaged in criminal activities include Brinson v Safir, 255 AD2d 247, leave to appeal denied 93 NY2d 805; Richardson v Safir, 258 AD2d 328; Delgado v Kerik, 294 A.D.2d 227 and Hastings v City of Sherrill, 90 AD3 1586. [read post]
1 Dec 2020, 9:01 pm
”One of the questions that came up when Judge Bork was testifying at his hearing had to do with the right of married couples to use contraceptives, as established in Griswold v. [read post]
30 Jul 2020, 4:00 am
"The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2020/2020_03472.htm [read post]
30 Jul 2020, 4:00 am
"The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2020/2020_03472.htm [read post]
23 Jul 2020, 4:00 am
Safir, 291 AD2d 298, leave to appeal denied, 98 NY2d 613]. [read post]
23 Jul 2020, 4:00 am
Safir, 291 AD2d 298, leave to appeal denied, 98 NY2d 613]. [read post]
17 Jun 2020, 4:00 am
" Citing Kelly v Safir , 96 NY2d 32, the court said that in matters of police discipline "great leeway must be accorded to the Commissioner's determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who is accountable to the public for the integrity of the Department. [read post]
17 Jun 2020, 12:00 am
" Citing Kelly v Safir , 96 NY2d 32, the court said that in matters of police discipline "great leeway must be accorded to the Commissioner's determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who is accountable to the public for the integrity of the Department. [read post]
11 Mar 2020, 8:26 pm
[A] penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness'" (Matter of County of Erie v New York State Div. of Human Rights, 121 AD3d 1564, 1566 [4th Dept 2014], quoting Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]; see also Matter of New York State Div. of Human Rights v International Fin. [read post]
19 Jun 2019, 8:19 am
" Also, where necessary and appropriate, such disciplinary action may be conducted in absentia [see Mari v Safir, 291 AD2d 298].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_04524.htm [read post]
12 Jun 2019, 4:00 am
" Also, where necessary and appropriate, such disciplinary action may be conducted in absentia [see Mari v Safir, 291 AD2d 298]. [read post]
3 May 2019, 4:30 am
PF appealed the Supreme Court's ruling.Citing Swinton v Safir, 93 NY2d 758, the Appellate Division, sustaining the lower court's decision, explained that judicial review of the dismissal of a probationary employee is limited to whether the dismissal was [1] made in bad faith; [2] for a constitutionally impermissible purpose; or [3] in violation of statutory or decisional law. [read post]
3 May 2019, 4:30 am
PF appealed the Supreme Court's ruling.Citing Swinton v Safir, 93 NY2d 758, the Appellate Division, sustaining the lower court's decision, explained that judicial review of the dismissal of a probationary employee is limited to whether the dismissal was [1] made in bad faith; [2] for a constitutionally impermissible purpose; or [3] in violation of statutory or decisional law. [read post]
26 Apr 2019, 7:41 am
Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent of the appellate decision is a question of law ( CPLR 5601), Matter of Kelly v Safir 96 NY2d 32, 38 [2001]. [read post]
18 Apr 2019, 5:00 am
"* Kolanik v Safir, 231 A.D.2d 720.** Matter of Pell v Board of Educ. [read post]
18 Apr 2019, 5:00 am
"* Kolanik v Safir, 231 A.D.2d 720.** Matter of Pell v Board of Educ. [read post]
3 Aug 2018, 4:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
7 Feb 2018, 12:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
30 Sep 2017, 9:44 am
"bugger (v.) [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]