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Decision of the week ending March 31, 2023 - Eligibility for health insurance benefits provided by the New York State Employees' Health Insurance Program [NYSHIP] upon retirement where there is a lapse in NYSHIP coverage prior to retirement
31 Mar 2023, 6:00 am by Public Employment Law Press
BARROS, J.P., BRATHWAITE NELSON, CHAMBERS and WAN, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Failure to establish a causal connection between any protected activity and any adverse employment action fatal to employee's allegations of unlawful discrimination
16 Jun 2023, 6:00 am by Public Employment Law Press
WARHIT, JJ. 2020-01368 (Index No. 602678/14) Leonard R. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the petitioner has substantially prevailed in a Freedom of Information action and the custodian of the records had no reasonable basis for denying access to the responsive documents created prior to June 12, 2020, the petitioner is entitled to reasonable attorney's fees and litigation costs
15 Jul 2024, 6:00 am by Public Employment Law Press
Accordingly, we remit this matter to the Supreme Court, Nassau County, for a determination of the amount of an award of reasonable attorney's fees and litigation costs to the petitioner.BRATHWAITE NELSON, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.ENTER:Darrell M. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress when supported by substantial evidence will not be disturbed
24 Jun 2022, 9:08 pm by Public Employment Law Press
., Lynch, Aarons, Reynolds Fitzgerald and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
., Lynch, Aarons, Reynolds Fitzgerald and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
., Aarons, Pritzker, Reynolds Fitzgerald and Fisher, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
CONNOLLY, J.P., RIVERA, MILLER and WOOTEN, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
., Aarons, Pritzker, Reynolds Fitzgerald and Fisher, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Labor Law §565 (2) (e) excludes from employment services rendered for a governmental entity by a person in a major nontenured policymaking or advisory position
8 Jul 2024, 6:00 am by Public Employment Law Press
., Lynch, Fisher and Powers, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Seeking the production of certain governmental agency records pursuant to a New York States "Freedom of Information Law" request
23 Aug 2023, 6:00 am by Public Employment Law Press
IANNACCI, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
., Aarons, Pritzker, Lynch and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Rebutting the statutory presumption that a firefighter suffered a heart attack and was permanently incapacitated as the result of the performance of his duties
9 Jul 2024, 6:00 am by Public Employment Law Press
., Reynolds Fitzgerald, Ceresia, Fisher and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Failure to establish a causal connection between any protected activity and any adverse employment action fatal to employee's allegations of unlawful discrimination
16 Jun 2023, 6:00 am by Public Employment Law Press
WARHIT, JJ. 2020-01368 (Index No. 602678/14) Leonard R. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Volunteer firefighter terminated after knowingly making false statements on a medical questionnaire regarding his physical condition
9 May 2025, 6:00 am by Public Employment Law Press
WARHIT, JJ.2022-06969(Index No. 59594/22)[*1]In the Matter of Robert Correra, petitioner,vMillwood Fire District, et al., respondents.Gould & Berg, LLP, White Plains, NY (Jane Bilus Gould of counsel), for petitioner.Pinsky Law Group, LLC, Syracuse, NY (Bradley M. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Seeking reimbursement of police training expenses from another jurisdiction
2 Jul 2024, 6:00 am by Public Employment Law Press
DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress when supported by substantial evidence will not be disturbed
24 Jun 2022, 9:08 pm by Public Employment Law Press
., Lynch, Aarons, Reynolds Fitzgerald and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A school's district's providing a per diem substitute paraprofessional educator a reasonable assurance of performing services for the school district in the upcoming academic year is not a guarantee of such employment
24 Jun 2024, 6:00 am by Public Employment Law Press
., Reynolds Fitzgerald, Ceresia, McShan and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/