Search for: "Kelly v. Employment Division"
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23 Mar 2009, 5:19 am
After receiving the labor market survey, the Division approached Appellant's employer at the time of his injury. [read post]
7 Mar 2011, 3:34 am
As to the penalty imposed, termination, the court said that “Under the circumstances, termination is not a sanction shocking to our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The decision is posted on the Internet at:http://nypublicpersonnellawarchives.blogspot.com/2007/02/discipline-not-barred-by-availability.html=======================The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State is a 1272 page… [read post]
29 May 2024, 6:00 am
On the contrary, the charges notified petitioner in detail of the conduct charged (see Wolfe v Kelly, 79 AD3d 406, 407, 410 [1st Dept 2010], appeal dismissed 17 NY3d 844 [2011]). [read post]
29 May 2024, 6:00 am
On the contrary, the charges notified petitioner in detail of the conduct charged (see Wolfe v Kelly, 79 AD3d 406, 407, 410 [1st Dept 2010], appeal dismissed 17 NY3d 844 [2011]). [read post]
16 Feb 2011, 3:35 am
Public employee not always entitled to a name-clearing hearingBrown v Simmons, 478 F.3d 922The lesson in Brown v Simmons is that a public employee is not entitled to a name-clearing hearing to rebut statements of a defamatory nature except when he or she has been terminated by the employer. [read post]
12 Mar 2013, 9:20 am
STALLMAN v. [read post]
4 Oct 2013, 12:03 pm
FIESELER v. [read post]
1 Sep 2011, 3:31 am
Kelly was terminated after being found guilty of unauthorized “off-duty employment” and falsifying records. [read post]
10 Jun 2010, 3:56 am
A court must uphold an administrative penalty unless it finds that it is so disproportionate to the offense as to be shocking to one's sense of fairness -- the Pell standard [Pell v Board of Education, 34 NY2d 222].Kelly was terminated after being found guilty of unauthorized "off-duty employment" and falsifying records. [read post]
18 Jun 2010, 2:51 am
Absence during a probationary periodMatter of Garnes v Kelly, 2007 NY Slip Op 30262(U), Judge: Herman Cahn, [Not selected for publication in the Official Reports], Affirmed 51 A.D.3d 538Garnes was appointed as a New York City police officer on July 1, 2003. [read post]
29 Jun 2010, 3:23 am
”The Appellate Division remanded the case to the Commissioner, stating that a penalty less severe than termination of Rutkunas employment should be imposed. [read post]
29 Jun 2017, 7:30 am
A police officer holds a position of great sensitivity and trust and is subject to a higher standard of fitness and character are "ordinary civil servants"Oliver v D'Amico, 2017 NY Slip Op 04596, Appellate Division, Fourth DepartmentA former New York State Trooper, Jean Oliver, commenced a CPLR Article 78 proceeding seeking to annul Commissioner of State Police's determination finding her guilty of certain disciplinary charges or, in the alternative, to vacate… [read post]
29 Apr 2023, 5:00 am
The New York State Division of Human Rights [Division], after a hearing, found that the Town [Employer] had unlawfully discriminated against the Complainant on the basis of her disability. [read post]
29 Apr 2023, 5:00 am
The New York State Division of Human Rights [Division], after a hearing, found that the Town [Employer] had unlawfully discriminated against the Complainant on the basis of her disability. [read post]
28 Dec 2012, 4:00 am
Pension Fund permitted to credit report of the scene were the alleged accident occurred made at the time of the event over a description of the scene made two years later Lang v Kelly, 2012 NY Slip Op 08788, Appellate Division, First Department Board of Trustees of Police Pension Fund of Police Dept. of City of New York, by a tie vote, rejected Jean Lang’s application for accidental disability retirement benefits. [read post]
3 Jul 2012, 3:40 am
The court said that it is well established that courts must uphold the disciplinary penalty imposed by an appointing authority unless, as a law, it is an abuse of discretion, citing Kelly v Safir, 96 NY2d 32. [read post]
14 Jun 2023, 2:03 pm
Sisler, 157 N.J. 188, 213, (1999) (quoting Kelly v. [read post]
6 Jul 2017, 6:07 pm
Opinion letters are official written opinions issued by the Wage and Hour Division in response to specific requests from employers (and far less so, employees) addressing how the law applies in a particular set of circumstances. [read post]
3 Dec 2020, 4:00 am
Also, in Matter of Garnes v Kelly, 2007 NY Slip Op 30262(U); affirmed 51 AD3d 538, the court concluded that a probationary period is extended as the result 0f the employee's disciplinary suspension from his position for off duty misconduct. [read post]
3 Dec 2020, 4:00 am
Also, in Matter of Garnes v Kelly, 2007 NY Slip Op 30262(U); affirmed 51 AD3d 538, the court concluded that a probationary period is extended as the result 0f the employee's disciplinary suspension from his position for off duty misconduct. [read post]
