Search for: "Kelly v. Employment Division"
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1 Apr 2019, 12:05 pm
” The test, outlined in Kelly v. [read post]
10 Apr 2015, 10:00 am
Citing Berenhaus v Ward, 70 NY2d 436, the Appellate Division said “There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials” and the penalty imposed, termination of the police officer from his position, did not shock the court’s “sense of fairness,” citing Kelly v Safir, 96 NY2d 32.These decisions are posted on the Internet… [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]
9 Mar 2015, 8:18 am
In the administrative disciplinary action the employee’s supervisor had testified that Employee had threatened him as Employee stood near him, holding wood or another object in his hand, and raised the object while getting angrier in his statements to the supervisor.The disciplinary penalty imposed: suspension without pay for 31 work days,Employee’s challenge to the administrative disciplinary determination and the penalty imposed, but the Appellate Division sustained both the… [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]
15 Feb 2010, 4:19 pm
A police force is a quasi-military organization and its members are subject strict disciplineMatter of Lundy v City of Oswego, 59 AD3d 954George 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 supported by the requisite substantial evidence, i.e., "such relevant proof as a… [read post]
20 Jan 2020, 6:23 am
Photo by Kelly Sikkema on Unsplash 2020 has arrived and so have my 2020 labor and employment law predictions. [read post]
26 Oct 2010, 4:02 am
Substantial evidence consists of relevant proof that a reasonable person would accept as adequate to support a conclusionMatter of Seltzer v City of Rochester, 2010 NY Slip Op 06846, Decided on October 1, 2010, Appellate Division, Fourth DepartmentLawrence M. [read post]
25 May 2015, 6:00 am
Had been absent on “an unapproved absence” and made false statements regarding a separate purported approval of an absence.Characterizing the police officer’s offences as “serious” and noting that the Commissioner "is accountable to the public for the integrity of the Department," the Appellate Division said that the penalty of termination “does not shock our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The… [read post]
15 Jul 2015, 4:00 am
§13-254 sets out a mechanism for a police officer retired on disability to be reexamined by the Medical Board with an eye toward returning to City employment, either at the pensioner's own request or by application of the Board of Trustees.The Appellate Division said that the Medical Board is the Corporation Counsel’s client and that such a communication falls well within his broad duty to "conduct all the law business of the city and its agencies,”… [read post]
11 Apr 2024, 4:57 am
Introducing the Enforcement Division panel, Director Grewal reflected on the Division’s commitment to investor protection and the Enforcement Staff’s perseverance despite “significant headwinds,” including attacks on the Commission’s authority, motivation, and integrity. [read post]
25 Mar 2013, 4:00 am
Kelly Santini LLP’s Employment Law Blog for the Suddenly Unemployed 3. [read post]
11 Jun 2014, 4:00 am
The Appellate Division concurred with the Supreme Court’s ruling noting that “The giving of false statements in the course of an official investigation has been upheld as a ground for dismissal from municipal employment," citing Duncan v Kelly, 43 AD3d 297, affirmed 9 NY3d 1024.As the United States Supreme Court held in Bryson v. [read post]
14 Oct 2008, 11:15 am
A police force is a semi-military organization and the appointing authority has "great leeway" is determining an appropriate disciplinary penaltyMatter of Smeraldo v Rater, 2008 NY Slip Op 07336, decided on October 3, 2008, Appellate Division, Fourth DepartmentTimothy J. [read post]
11 Jun 2012, 4:00 am
” As to the penalty imposed, dismissal, the Appellate Division said that “on the record before us, we do not find the penalty of termination shocking to the judicial conscience,” citing Kelly v Safir, 96 NY2d 32, and Pell v Board of Educ. of Union Free School Dist. [read post]
24 Jun 2022, 9:02 pm
Kelly v State of New York 2022 NY Slip Op 03952 Decided on June 16, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
24 Jun 2022, 9:02 pm
Kelly v State of New York 2022 NY Slip Op 03952 Decided on June 16, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
11 Jul 2011, 4:00 am
In contrast to the ruling in Johnston, in Matter of Murphy v City of New York, Appellate Division, First Department, 35 A.D.3d 319, the court ruled that John J. [read post]
12 Jun 2022, 8:04 am
Kelly v. [read post]
20 Dec 2010, 2:48 am
Modifying a disciplinary penaltyBrown v Penn Yan CSD, 275 AD2d 931Knight v BOCES, App. [read post]
