Search for: "Safir v Safir"
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7 Jul 2017, 7:00 am
Unlawful discrimination complaint sustained notwithstanding respondent's failing to appear at the administrative hearing conducted by the NYS Division of Human RightsNew York State Div. of Human Rights v Milan Maintenance, Inc., 2017 NY Slip Op 05508, Appellate Division, First DepartmentThe Appellate Division unanimously sustained the New York State Division of Human Rights' (DHR) determination holding that Milan Maintenance, Inc., [Milan] had unlawfully discriminated… [read post]
13 Feb 2017, 3:00 am
Safire examined the arguments in the court of grammatical opinion in a column called “Scalia v. [read post]
29 Jun 2016, 4:06 am
The rationale for this was noted in McKee v. [read post]
24 May 2016, 4:00 am
In Hall v Environmental Conservation, 235 A.D.2d 757, the employer boycotted the disciplinary arbitration because it believed that Hall was not entitled to the disciplinary arbitration. [read post]
28 Mar 2016, 4:00 am
”In Swinton v Safir, 93 NY2d 758, the Court of Appeals held that with respect to an employer providing a former employee with a “name clearing hearing,” the material in the individual’s personnel records objected to must be “stigmatizing in the constitutional sense,” and not merely charges of “individual or isolated instances of bad judgment or incompetent performance of duties. [read post]
22 Mar 2016, 4:00 am
”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 administrative… [read post]
23 Feb 2016, 2:00 am
”Citing Kelly v Safir, 96 NY2d 32, rearg denied 96 NY2d 854, the Appellate Division concluded that the penalty imposed, termination, was not "so disproportionate to the offense[s] as to be shocking to one's sense of fairness" and thus did not constitute an abuse of discretion and dismissed Tamsen’s appeal.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_00785.htm _______________________The Discipline Book - A… [read post]
4 Jan 2016, 4:00 am
Accordingly, said the Appellate Division, the administrative decision was based on the hearing officer's credibility findings which are entitled to deference.Further, the Appellate Division noted that “an administrative tribunal can rely upon credible hearsay evidence to reach its determination,” citing Muldrow v NYS Dept. of Correction and Community Supervision, 110 AD3d 425.Citing Kelly v Safir, 96 NY2d 32, the court then found that dismissing Durudogan… [read post]
28 Dec 2015, 1:00 pm
In a short per curiam opinion, the Court concluded in Snepp v. [read post]
28 Nov 2015, 12:01 am
‘During arguments Jan. 15 in Lambrix v. [read post]
5 Aug 2015, 4:00 am
In Alfred v Safir, 283 AD2d 280, the disciplinary penalty to be imposed agreed upon by the employee and employer’s representative was made part of the record by the disciplinary hearing officer.New York City Police Commissioner Howard Safir, suspended Gary Alfred for 30 days without pay and placed him on disciplinary probation for one year following the "settlement of disciplinary charges" filed against Alfred. [read post]
26 Jun 2015, 7:20 am
Safir out of the Second Circuit. [read post]
16 Jun 2015, 11:00 am
Termination a reasonable disciplinary penalty under the circumstances2015 NY Slip Op 04923, Appellate Division, First DepartmentHolding that substantial evidence supported the determination that the police officer “disobeyed a lawful order of her supervisor and engaged in conduct prejudicial to the good order, efficiency or discipline of the police department,” the Appellate Division said imposing the penalty of dismissal from the police force is not so disproportionate as to shock the… [read post]
16 Jun 2015, 11:00 am
Termination a reasonable disciplinary penalty under the circumstances2015 NY Slip Op 04923, Appellate Division, First DepartmentHolding that substantial evidence supported the determination that the police officer “disobeyed a lawful order of her supervisor and engaged in conduct prejudicial to the good order, efficiency or discipline of the police department,” the Appellate Division said imposing the penalty of dismissal from the police force is not so disproportionate as to shock the… [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 decision is… [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 at:http://www.nycourts.gov/reporter/3dseries/2015/2015_02963.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 finding of… [read post]
4 Mar 2015, 9:30 am
Employee’s refusal to cooperate with a police investigation found to constitute misconduct2015 NY Slip Op 01740, Appellate Division, First DepartmentThe Appellate Division confirmed the determination of New York City’s Police Commissioner adopting the findings of the disciplinary Hearing Officer that a New York City police officer had engaged in misconduct, and imposing a penalty of forfeiture of 30 vacation days, a 30-day suspension, without pay, and a one-year dismissal probation… [read post]
21 Oct 2014, 4:00 am
”Another decision in which “tainted testimony” was the basis for overturning a disciplinary determination is Buric v Safir, 285 A.D.2d 255, leave to appeal dismissed, 98 NY2d 688. [read post]
3 Oct 2014, 4:00 am
Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from challenges to the charging party going forward with a disciplinary hearing held in absentia. [read post]
