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Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal ... as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

30 May 2018, 4:37 am by Public Employment Law Press

Citing Matter of Gumbs v Board of Educ. of the City Sch. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

The statute of limitations set out in Civil Service §75(4) does not control where the charges alleged would, if proved in a court, constitute a crime

4 Dec 2018, 4:00 am by Public Employment Law Press

In conducting its review the Appellate Division, the court cited Matter of Longton v Village of Corinth, 57 AD3d 1273, leave to appeal denied 13 NY3d 709, and said "this Court may not substitute its own judgment for that of [appointing authority], even when evidence exists that could support a different result. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

The statute of limitations set out in Civil Service §75(4) does not control where the charges alleged would, if proved in a court, constitute a crime

4 Dec 2018, 4:00 am by Public Employment Law Press

In conducting its review the Appellate Division, the court cited Matter of Longton v Village of Corinth, 57 AD3d 1273, leave to appeal denied 13 NY3d 709, and said "this Court may not substitute its own judgment for that of [appointing authority], even when evidence exists that could support a different result. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Patentable subject matter - Where are we now?

29 Jan 2010, 9:36 am

What subject-matter is patentable? [read post]

IPKat - http://ipkitten.blogspot.com/

Samuel Kent's concerns about people wearing propellor hats

29 Aug 2008, 5:34 am

Corp. v. [read post]

IPBiz - http://ipbiz.blogspot.com/

A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client

9 Feb 2011, 1:16 pm by PaulKostro

State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Case Comment: Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6

21 May 2019, 3:53 am by Saskia Hayes, CMS

The UK Supreme Court recently handed down its judgment in the matter of Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6. [read post]

UK Supreme Court Blog - http://ukscblog.com/

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13 Jan 2013, 12:55 pm by Michael Steven Green

Co. v. [read post]

PrawfsBlawg - http://prawfsblawg.blogs.com/prawfsblawg/

BALCO: Three Errors or a Half? Part I

13 Mar 2013, 9:08 am by Badrinath Srinivasan

"Subject matter" in the said provision is used to identify the courts having supervisory control over the arbtiration proceedings. [read post]

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Hennis Habeas Denied

17 Mar 2010, 6:40 am by Mike "No Man" Navarre

Judge Boyle finds that MSgt Hennis’ argument regarding break in service does not make him similarly situated with civilians, whom the Supreme Court has said in Hamdan v. [read post]

CAAFlog - http://caaflog.blogspot.com/

The Subcommittee on IP in U.S. Senate Reinstated; First Action is Patent Eligible Subject Matter Reform

23 Apr 2019, 12:43 pm by Mike Mireles

CLS Bank/Mayo v. [read post]

IP Finance - http://www.ip.finance/?m=1

EMD Millipore v. AllPure Tech.: Prosecution History Estoppel Applies After Term Deletion Alongside Addition of New Terminology

30 Sep 2014, 9:36 pm

Festo Corp. v. [read post]

Journal of the Patent and Trademark Office Society - http://jptos.org

People v. Hernandez (Cal. Ct. App. - Dec. 11, 2014)

11 Dec 2014, 11:52 am

Someone’s gonna find out no matter what. [read post]

California Appellate Report - http://calapp.blogspot.com/

Court To Boston Scientific: Your Patent Is Invalid if We Say It Is

28 Jan 2009, 2:51 pm

Boston Scientific v. [read post]

Patent Baristas - http://www.patentbaristas.com

An arbitrator's determination may be based on hearsay testimony

28 Oct 2020, 4:00 am by Public Employment Law Press

" Citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Opportunity to cross-examination witnesses a critical element to due process in quasi-judicial administrative proceedings

18 Feb 2013, 4:48 am

The court explained that "Regardless of the merits in a particular case, a party whose rights are being determined at a quasi-judicial administrative hearing must be given the opportunity to cross-examine witnesses," citing Matter of Seeger v Moduform, Inc., 146 AD2d at 923. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

An arbitrator's determination may be based on hearsay testimony

28 Oct 2020, 4:00 am by Public Employment Law Press

" Citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Patentability of Business Method Subject Matter Divides Federal Circuit

18 Mar 2012, 10:00 pm by Stephanie Figueroa

“And it all culminates with this case,” said Fenwick’s Meyer. [read post]

Patent Law Practice Center - http://patentlawcenter.pli.edu/

Business Roundtable v. SEC: The Battle for Access (The Intensity of the Opposition) (Part 7)

26 Jan 2011, 5:00 am by J Robert Brown Jr.

Alliance Fund II, L.P. v. [read post]