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22 Mar 2016, 4:00 am by The Public Employment Law Press
”As to the penalty imposed by the appointing authority, termination, the court said that “under the circumstances,” such a penalty did not shock one's conscience or sense of fairness, citing Kelly v Safir, 96 NY2d 32.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm___________________ A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and… [read post]
1 Apr 2021, 8:00 am by Unknown
United States (FTCA; Tribal Police)Cherokee Nation v. [read post]
9 May 2023, 6:00 am by Public Employment Law Press
Following a hearing, the Comptroller adopted the Hearing Officer's decision, and this CPLR Article 78 proceeding ensued.The Appellate Division, citing Matter of Kelly v DiNapoli, 30 NY3d 674, sustained the Comptroller's decision, noting, as is relevant here, it is well established that an injury which occurs in the course of an activity undertaken in the performance of the ordinary employment duties of a police officer is not an accidental injury within the meaning of… [read post]
9 May 2023, 6:00 am by Public Employment Law Press
Following a hearing, the Comptroller adopted the Hearing Officer's decision, and this CPLR Article 78 proceeding ensued.The Appellate Division, citing Matter of Kelly v DiNapoli, 30 NY3d 674, sustained the Comptroller's decision, noting, as is relevant here, it is well established that an injury which occurs in the course of an activity undertaken in the performance of the ordinary employment duties of a police officer is not an accidental injury within the meaning of… [read post]
3 May 2011, 7:16 am by Layla Kuhl
In People v Gregg, Justice Kelly dissented from the denial of the application stating that she would vacate the defendant’s sentence because the trial court erroneously punished defendant for exercising his constitutional and statutory rights by assessing 10 points for OV 19 (interference with the administration of justice). [read post]
24 May 2024, 3:58 am by Andrew Lavoott Bluestone
Grasso v Guarino 2024 NY Slip Op 02692 Decided on May 15, 2024Appellate Division, Second Department illustrates the quanta of allegations necessary to state a cause of action in Judiciary Law 487 claims. [read post]
3 Mar 2015, 7:35 pm by Lyle Denniston
Bolin, Tom Parker, Glenn Murdock, Alisa Kelli Wise, and Tommy Bryan. [read post]
1 Oct 2009, 6:49 am by hjmarcus
SRO Paul Kelly has uniformly sided with the districts on these cases. [read post]