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King Solomon and Guilty Pleas
20 Feb 2010, 10:12 am by Brian Shiffrin
Apparently New York expects its judges to recall the judgment of King Solomon (1 Kings 3:16-28) in determining the voluntariness of a plea.Excellent work by Mr. [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
New York Construction Accident Law- Construction Worker Granted Summary Judgment on 240(1) Claim
10 Feb 2012, 9:40 am
The hoist mechanism proved inadequate to shield plaintiff from the harm directly flowing from the application of the force of gravity and thus summary judgment on plaintiff's section 240(1) claim was properly granted (see Runner v New York Stock Exch., Inc., 13 NY3d 599, 604 [2009]; Williams v 520 Madison Partnership, 38 AD3d 464 [2007]). [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
First Department narrows why may be personally sued under the NYC Human Rights Law
27 Sep 2019, 8:11 am by Second Circuit Civil Rights Blog
  The Court of Appeals has held that section 8-107(13)(b)(1) of the Administrative Code holds corporate employers strictly liable for the discriminatory acts of their managers and supervisors (see Zakrzewska, 14 NY3d at 469). [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
New York Appellate Division First Department Panel Approves New Trial on Lesser Included Charge
29 Mar 2007, 3:14 am
People v Feingold, 7 NY3d 288 [2006]; People v Payne, 3 NY3d 266 [2004]; People v Gonzalez, 1 NY3d 464 [2004], People v Hafeez, 100 NY2d 253 [2003]; see also Policano v Herbert, 430 F3d 82 [2d Cir 2005], questions certified to the N.Y. [read post]
New York Supreme Court Criminal Term Library - http://crimlawlib.blogspot.com/
Inability to demonstrate the possession of a required license permits the summary termination of an incumbent
16 Mar 2010, 10:27 pm
., 23 Misc 3d 1137(A)In this case the court considered the application of the so-called "Felix" procedure [Felix v New York City Dep't of Citywide Administrative Services, 3 NY3d 498] in a situation where the incumbent loses or fails to renew a license required to perform the duties of the position or otherwise fails to satisfy a job qualification.Felix involved the termination of an employee without a “pre-removal hearing” in the nature of disciplinary… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Appellate Division reconsiders the disciplinary penalty imposed on an employee after finding the employee would not lose pension rights
29 Oct 2010, 3:45 am
Bennett, 26 AD3d 334; reconsidered and revised, 31 AD3d 764; motion for leave to appeal denied, 7 NY3d 718 Brian M. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Judicial review of a determination arrived at following a quasi-judicial hearing is typically limited to determining if the decision is supported by substantial evidence
21 Jul 2017, 4:00 am by The Public Employment Law Press
It is the function of the administrative agency, not the reviewing court, to weigh the evidence, assess the credibility of witnesses, and determine which testimony to accept and which to reject.3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if there is a special relationship between a municipal employer and a municipal employee
27 Jan 2015, 6:00 am by The Public Employment Law Press
Determining if there is a special relationship between a municipal employer and a municipal employee2015 NY Slip Op 00526, Appellate Division, Second Department Sometimes there is a "special relationship" between a municipal employer and a municipal employee.Citing Pelaez v Seide, 2 NY3d 186, the Appellate Division explained that a special relationship of a municipality to an individual can be formed in three ways: (1) when the municipality violates a statutory duty… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Elements considered by courts in actions seeking to vacate an arbitration award
12 Oct 2023, 5:00 am by Public Employment Law Press
Co. v Allied Capital Corp., 35 NY3d 64. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Elements considered by courts in actions seeking to vacate an arbitration award
12 Oct 2023, 5:00 am by Public Employment Law Press
Co. v Allied Capital Corp., 35 NY3d 64. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Unit member claims her employee organization breached its duty of fair representation when it refused to provide her with legal representation
26 May 2015, 8:00 am by The Public Employment Law Press
Inc., 8 NY3d 478.Member also contended that the CBO had breached its duty of fair representation when it refused to provide her with counsel to defend herself in an action brought by her former employer to recover an alleged salary overpayment. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging an arbitration award
1 Dec 2017, 4:00 am by Public Employment Law Press
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review of an administrative decision made without a formal hearing is limited
9 Aug 2023, 6:30 am by Public Employment Law Press
The Appellate Division, in a 3 to 2 decision, affirmed the Supreme Court's action and judgment, explaining: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review of an administrative decision made without a formal hearing is limited
9 Aug 2023, 6:30 am by Public Employment Law Press
The Appellate Division, in a 3 to 2 decision, affirmed the Supreme Court's action and judgment, explaining: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Termination of employee by the New York City Police Commissioner following a disciplinary hearing unanimously confirmed by the Appellate Division
5 Jun 2025, 6:00 am by Public Employment Law Press
Petitioner's testimony was not credible; and 3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Termination of employee by the New York City Police Commissioner following a disciplinary hearing unanimously confirmed by the Appellate Division
5 Jun 2025, 6:00 am by Public Employment Law Press
Petitioner's testimony was not credible; and 3. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division affirms Supreme Court's ruling allowing New York City retirees to have the ability to opt out of the City's Medicare Advantage Plan
23 Nov 2022, 5:00 am by Public Employment Law Press
Disabilities, 19 NY3d 106. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division affirms Supreme Court's ruling allowing New York City retirees to have the ability to opt out of the City's Medicare Advantage Plan
23 Nov 2022, 5:00 am by Public Employment Law Press
Disabilities, 19 NY3d 106. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division affirms Supreme Court's ruling allowing New York City retirees to have the option of opting out of the Medicare Advantage Plan
23 Nov 2022, 5:00 am by Public Employment Law Press
Disabilities, 19 NY3d 106. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division affirms Supreme Court's ruling allowing New York City retirees to have the option of opting out of the Medicare Advantage Plan
23 Nov 2022, 5:00 am by Public Employment Law Press
Disabilities, 19 NY3d 106. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/