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31 Mar 2023, 6:00 am by Public Employment Law Press
Moreover, contrary to the plaintiff's further contention, the doctrine of estoppel is inapplicable (see Matter of Parkview Assoc. v City of New York, 71 NY2d 274, 282; International Merchants v Village of Old Field, 203 AD2d at 248). [read post]
15 Apr 2015, 11:19 am by Stephen Bilkis
95 N.Y.2d 368 740 N.E.2d 1075 718 N.Y.S.2d 1 THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. [read post]
23 Dec 2010, 4:05 am
Employee conduct must be “in furtherance of the employee’s business” for it to be held liable for the employee’s negligent acts as Respondeat SuperiorPerez v City of New York, 2010 NY Slip Op 09237, Decided on December 14, 2010, Appellate Division, Second DepartmentNew York City police officer Javier Colon accidentally discharged his weapon in the course of unloading it while off-duty and engaged in "personal business," mortally wounding… [read post]
28 Oct 2008, 11:15 am
Probationary employee terminated for alleged misuse of sick leaveCurcio v New York City Dept. of Education, 2008 NY Slip Op 08020, decided on October 23, 2008, Appellate Division, First DepartmentThe New York City Department of Education dismissed a probationary physical education teacher, Louis Curcio, from his position and simultaneously reemployed him as a tenured teacher under his common branch license.In response to Curcio's petition seeking reinstatement as a… [read post]
28 Jul 2010, 8:51 am by Kevin Sheerin
Matter of the Application of Philomena Brennan v New York City Department of Education     Petitioner, a tenured teacher, started an Article 78 proceeding against the New York City Department of Education. [read post]
5 Jul 2011, 6:03 am by Kevin LaCroix
    Here is Angelo’s guest post::     On June 10, 2011, Judge Barbara Jones of the United States District Court for the Southern District of New York issued a decision in a case entitled SEC v. [read post]
5 Jul 2011, 6:03 am by Kevin LaCroix
    Here is Angelo’s guest post::     On June 10, 2011, Judge Barbara Jones of the United States District Court for the Southern District of New York issued a decision in a case entitled SEC v. [read post]
18 Sep 2010, 10:00 pm by Fred Abrams
In overruling the trial court's September 2, 2008 opinion in Bakalar v. [read post]
12 Jul 2018, 9:08 am by Steven Cramer
The meaning of “permanent improvement” under the Lien Law was at the heart of the decision in Matter of 134-136 West Houston, LLC v New York City Land Surveyor P.C., 58 Misc.3d 1228 (A), 2018 WL 1279175 (Table), 2018 N.Y. [read post]
11 Mar 2010, 3:17 am
Agency’s enforcing its rule prohibiting misconduct does not require that it show “employee’s intent”Matter of Daveiga v City of New York, 57 AD3d 451The New York City Housing Authority dismissed Kymel Daveiga from his position as Supervisor of Grounds after he was found to have violated the Authority’s policy prohibiting employees from "commit[ting] any . . . violation of the law either on or off duty or on or off the work site… [read post]
2 Dec 2010, 2:54 pm
Designation of a beneficiary to receive retirement system death benefitsEstate of Kraut v City of New York, NYS Supreme Court, [not officially reported]The Kraut case demonstrates the critical importance of a member actually filing a designation of beneficiary form with a public retirement system. [read post]
12 Mar 2009, 4:00 am
The "notice of claim" required Education Law § 3813[1] must be more than an e-mail or an unverified [not sworn to] statementGastman v Department of Educ. of City of New York, 2009 NY Slip Op 01693, Decided on March 10, 2009, Appellate Division, First DepartmentAccording to the decision, Gastman had failed to file a timely notice of claim with the New York City Department of Education as required by Education Law §3813[1]. [read post]