Search for: "Safir v Safir"
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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]
30 Jul 2020, 4:00 am
"The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2020/2020_03472.htm [read post]
21 May 2013, 7:02 am
As to the Commissioner’s decision to terminate the police officer, citing Kelly v Safir, 96 NY2d 32, the Appellate Division said that “The penalty imposed does not shock the conscience since [the Commissioner] is accountable to the public for the integrity of the Department. [read post]
15 Feb 2010, 4:19 pm
A police force is a quasi-military organization and its members are subject strict disciplineMatter of Lundy v City of Oswego, 59 AD3d 954George Lundy sued the City of Oswego and its mayor in an effort to annul a Civil Service Law Section 75 determination terminating his employment as Oswego’s Chief of Police.The Appellate Division found that the disciplinary determination was supported by the requisite substantial evidence, i.e., "such relevant proof as a reasonable mind may… [read post]
26 Apr 2019, 7:41 am
Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent of the appellate decision is a question of law ( CPLR 5601), Matter of Kelly v Safir 96 NY2d 32, 38 [2001]. [read post]
24 Oct 2008, 11:01 am
Further, said the court, "the penalty of dismissal from employment does not shock the judicial conscience," citing Matter of Kelly v Safir, 96 NY2d 32.The full text of the decisions is posted on the Internet at:[www.courts.state.ny.us] [read post]
18 Apr 2019, 5:00 am
"* Kolanik v Safir, 231 A.D.2d 720.** Matter of Pell v Board of Educ. [read post]
18 Apr 2019, 5:00 am
"* Kolanik v Safir, 231 A.D.2d 720.** Matter of Pell v Board of Educ. [read post]
27 Dec 2012, 4:00 am
Citing Pell v Board of Educ. of Union Free School Dist. [read post]
1 Sep 2011, 2:40 am
Probationer terminated for failure to correct a report Morgan v Safir, 281 A.D.2d 376 The failure to correct his incorrect report resulted in the termination of New York City probationary police officer Lealand A. [read post]
3 Feb 2021, 9:00 am
The Appellate Division, citing Matter of Kelly v Safir, 96 NY2d 32, reversed the Supreme Court's decision on the law, explaining that an administrative penalty or sanction must be upheld unless it is "so disproportionate to the offense as to be shocking to one's sense of fairness. [read post]
10 May 2011, 4:23 am
Further, said the Appellate Division, “we cannot conclude that the penalty of dismissal imposed by the hospital was ‘so disproportionate to the offense as to be shocking to one's sense of fairness’ so as to constitute an abuse of discretion as a matter of law,” citing Matter of Kelly v Safir, 96 NY2d at 32. [read post]
13 Jun 2012, 3:32 am
As to the penalty imposed, dismissal, the Appellate Division said that it did not shock its sense of fairness, citing Kelly v Safir, 96 NY2d 32. [read post]
13 Nov 2008, 12:05 pm
He also admitted to using cocaine on several occasions while employed as a Firefighter by the Department in the course of the disciplinary hearing.Citing Murolo v Safir, 246 AD2d 653, the Appellate Division found that the determination that Kelly knowingly ingested cocaine "while employed by the Fire Department of the City of New York is supported by substantial evidence and therefore may not be set aside. [read post]
12 Feb 2009, 4:11 am
A police force is a quasi-military organization and its members are subject strict disciplineMatter of Lundy v City of Oswego, 2009 NY Slip Op 00772, Decided on February 6, 2009, Appellate Division, Fourth DepartmentGeorge Lundy sued the City of Oswego and its mayor in an effort to annul a Civil Service Law Section 75 determination terminating his employment as Oswego's Chief of Police.The Appellate Division found that the disciplinary determination was supported by the requisite… [read post]
9 Jul 2012, 2:48 am
Substantial evidence supports disciplinary hearing officer’s findings Mercado v Kelly, 54 AD3d 654 A police officer appealed his termination from his position as a New York City police officer after he was found guilty of certain charges following a disciplinary hearing. [read post]
21 Sep 2007, 11:35 am
William Safire of the New York Times covered this issue in the Times Magazine earlier this year. [read post]
23 Apr 2024, 6:00 am
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
23 Apr 2024, 6:00 am
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
1 Jul 2013, 7:06 am
Citing Matter of Kelly v Safir, 96 NY2d 32, the Appellate Division, noting that the volunteer’s acts of misconduct might not, individually, warrant expulsion from the Fire Department, said that “considering his conduct as a whole, we do not find the penalty of expulsion to be so disproportionate to the disciplinary charges as to be shocking to our sense of fairness. [read post]
