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23 Feb 2016, 2:00 am by The Public Employment Law Press
”Citing Kelly v Safir, 96 NY2d 32, rearg denied 96 NY2d 854, the Appellate Division concluded that the penalty imposed, termination, was not "so disproportionate to the offense[s] as to be shocking to one's sense of fairness" and thus did not constitute an abuse of discretion and dismissed Tamsen’s appeal.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_00785.htm _______________________The Discipline Book - A… [read post]
1 Apr 2021, 8:00 am by Unknown
United States (FTCA; Tribal Police)Cherokee Nation v. [read post]
12 Jul 2018, 4:00 am by Public Employment Law Press
Citing a recent decision by the Court of Appeals, Matter of Kelly v DiNapoli (30 NY3d 674, in which that court stated that "the requirement that a petitioner demonstrate that a condition was not readily observable in order to demonstrate an 'accident' is inconsistent with our prior case law," the Appellate Division annulled the Comptroller determination, explaining that "substantial evidence does not support the determination that the incident was not an… [read post]
22 Mar 2016, 4:00 am by The Public Employment Law Press
”As to the penalty imposed by the appointing authority, termination, the court said that “under the circumstances,” such a penalty did not shock one's conscience or sense of fairness, citing Kelly v Safir, 96 NY2d 32.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm___________________ A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative… [read post]
22 Mar 2012, 10:39 am by Aaron Lindstrom
 In Parise v Detroit Entertainment, LLC, the Court concluded there was no ground to disqualify either Chief Justice Young or Justice Kelly. [read post]
11 Mar 2009, 3:45 am
  Kelly and Alexander are certainly helpful to defense lawyers, but an even better case is the 8th’s 2001 decision in  State v. [read post]
23 Mar 2009, 5:19 am
Chambers of Riske, Salisbury & Kelly, Cheyenne, WyomingRepresenting Appellee (Defendant): Bruce A. [read post]
15 Mar 2007, 6:35 pm
" Even so, subject to the vagaries of stare decisis, the Supreme Court could and should correct its error by taking this case and narrowing the holding of Kelly to the statutory text.The decision whose outcome Judge Tymkovich is criticizing is Kelly v. [read post]
3 May 2011, 7:16 am by Layla Kuhl
In People v Gregg, Justice Kelly dissented from the denial of the application stating that she would vacate the defendant’s sentence because the trial court erroneously punished defendant for exercising his constitutional and statutory rights by assessing 10 points for OV 19 (interference with the administration of justice). [read post]