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6 Dec 2010, 4:15 am
An administrative agency must follow the rules and regulations applicable to it in making its final administrative decisionMatter of Hasberry v New York City Dept. of Educ., 2010 NY Slip Op 08792, decided on November 30, 2010, Appellate Division, First DepartmentThe Department of Education (DOE) rejected applications for certification as New York City school bus drivers or bus escorts filed by a number of individuals on the basis of “criminal convictions… [read post]
4 Jan 2011, 4:05 am
A school employee giving reasonable assurance of continued employment is ineligible for unemployment insurance benefits between school yearsMatter of Sultana v New York City Dept. of Educ., 2010 NY Slip Op 09598, Appellate Division, Third DepartmentIt is “black letter law” that "A professional employee of an educational institution is precluded from receiving unemployment insurance benefits during the time between two successive academic years… [read post]
12 Jun 2012, 11:34 am
Providing employees with legal representation and reimbursement for legal fees and expenses incurred in defense of a civil action arising out work related activities Thomas v New York City Dept. of Educ., 2012 NY Slip Op 04280, Appellate Division, First Department [See, also, Sagal-Cotler v Board of Educ. of City School Dist. of the City of N.Y., 2012 NY Slip Op 04281, Appellate Division, First Department] The genesis of the Thomas action: An… [read post]
13 Jun 2012, 5:25 am
Providing employees with legal representation and reimbursement for legal fees and expenses incurred in defense of a civil action arising out work related activities Thomas v New York City Dept. of Educ., 2012 NY Slip Op 04280, Appellate Division, First Department [See, also, Sagal-Cotler v Board of Educ. of City School Dist. of the City of N.Y., 2012 NY Slip Op 04281, Appellate Division, First Department] The genesis of the Thomas action: An… [read post]
1 Jul 2010, 12:52 am by drdiekman
School Dist. #5, NY Slip Op 05498 (2d Dept. 2010) Tomorrow’s issue: Corporations. [read post]
9 Feb 2009, 4:15 am
Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 actionPak v New York City Dept. of Educ., 2009 NY Slip Op 50154(U), Decided on February 2, 2009, Supreme Court, Kings County, Justice Martin Schneier [not officially reported]Kifan Pak, a probationary teacher, was told that he would be terminated from his postion effective February 28, 2007. [read post]
5 Jun 2012, 4:56 am
A court order must be “clear and unequivocal” in order to hold a party in contempt for its alleged “failing to comply” Storman v New York City Dept. of Educ., 2012 NY Slip Op 04217, Appellate Division, First Department Supreme Court granted, among other things, a motion to hold the New York City Department of Education (DOE) in contempt for its alleged failure to comply with a judgment. [read post]
28 Mar 2019, 2:22 am by Patricia Salkin
  Matter of Yeshiva Talmud Torah Ohr Moshe v Zoning Bd. of Appeals of The Town of Wawarsing, 2019 NY Slip Op 02409 (NYAD 3 Dept. 3/28/19). [read post]
30 May 2008, 12:42 am
Employee ultimately terminated not entitled to back salary for the period when the penalty to be imposed was being reconsideredHershkowitz v New York City Dept. of Educ., 2008 NY Slip Op 04742, Decided on May 27, 2008, Appellate Division, First Department The New York City Department of Education [DOE] filed disciplinary charges against Cary Hershkowitz pursuant to Education Law § 3020-a. [read post]
16 Dec 2010, 4:07 am
The statute of limitations for initiating a lawsuit is not extended by the individual’s pursuing his or her administrative remediesKahn v New York City Dept. of Educ., 2010 NY Slip Op 09168, decided on December 14, 2010, Appellate Division, First DepartmentLeslie Kahn, a probationary social worker, was given an unsatisfactory evaluation and was not given a “denying her a Certification of Completion of Probation. [read post]
21 Jan 2020, 8:00 am by Public Employment Law Press
Searching the site requires some “detective skills,” however, as the name of the property owners is not always accurately identified by the entity depositing the property with the Comptroller.For example, the entity may be reported merely as:EDUCATION DEPARTMENTHEADS AND HORNS BUILDING BRONX NY 10460FLEET BANK N A However, more often the names are more accurately reported, such as:BOCES ADIRONDACK EDUC CTR 711 RT 3 BLOOMINGDALE RD SARANAC LAKE NY 12983 … [read post]
24 Oct 2012, 5:13 am
Failure to establish due diligence in ascertaining the limitations period for commencing the action fatal to complainant’s untimely petition Pichardo v New York City Dept. of Educ., 2012 NY Slip Op 07071, Appellate Division, First Department Supreme Court, New York County, granted the New York City Department of Education’s motion to dismiss the complaint filed by Karien Pichardo’s against them as time-barred. [read post]
19 Nov 2020, 4:00 am by Public Employment Law Press
., of the Police Dept. of Nassau County [DIA], 2020 NY Slip Op 06745;  County of Nassau v Detectives Assn., Inc., of the Police Dept. of Nassau County, 2020 NY Slip Op 06779;County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06780; and County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06746. [read post]
19 Nov 2020, 4:00 am by Public Employment Law Press
., of the Police Dept. of Nassau County [DIA], 2020 NY Slip Op 06745;  County of Nassau v Detectives Assn., Inc., of the Police Dept. of Nassau County, 2020 NY Slip Op 06779;County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06780; and County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06746. [read post]
9 Mar 2010, 4:14 am
Dept., 2010 NY Slip Op 01723, Decided on March 4, 2010, Appellate Division, Third DepartmentJoseph Melber, a NYS Department of Education employee, “became upset and left work early. [read post]
7 Apr 2009, 4:15 am
The administrative body, rather than its attorney, must indicate the basis for its administrative action or decision Matter of Weill v New York City Dept. of Educ., 2009 NY Slip Op 02534, decided on April 2, 2009, Appellate Division, First DepartmentScott A. [read post]
25 May 2010, 4:17 am
Employee’s resignation rescinded based on Supreme Court's finding that it was coercedMiller v New York City Dept. of Education, 2010 NY Slip Op 31210(U), May 11, 2010, Supreme Court, New York County, Judge Jane S. [read post]
22 Nov 2010, 4:05 am
A party seeking to vacate an arbitration award must prove one or more of the limited reasons for vacating the award set out in Article 75Matter of Smith v New York City Dept. of Educ., 2010 NY Slip Op 51989(U), Decided on November 8, 2010, Supreme Court, New York County, Judge Barbara Jaffe, [Not selected for publication in the Official Reports]Theodore Smith, a tenured physical education teacher at the New York City Department of Education’s Museum… [read post]
20 May 2024, 6:00 am by Public Employment Law Press
  This provision, and not Civil Service Law § 72, applies under the circumstances because a more general statute generally must yield to a more specific statute (Matter of Zelazny Family Enters., LLC v Town of Shelby, 180 AD3d 45, 48 [4th Dept 2019]; McKinney’s Cons Laws of NY, Book 1, Statutes § 397). [read post]