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28 May 2009, 4:05 am
Failure to file a timely General Municipal Law §50-e(1)(a) notice of claim fatal to court assuming jurisdiction of the matterDonas v City of New York, 2009 NY Slip Op 03838, Appellate Division, First DepartmentHarry Donas claimed that as a result of his reporting alleged corruption within in agency, the New York City Department of Environmental Protection, to his supervisor, he was told that he would never be promoted. [read post]
10 Nov 2010, 11:13 am
Rivera v. [read post]
31 Dec 2010, 2:54 am
Police officer’s September 11 line of duty injury claim rejectedMatter of Teran v Kelly, 2007 NY Slip Op 30009(U), March 1, 2007, Supreme Court, New York County, Docket Number: 0109358, Judge: Marcy S. [read post]
4 May 2009, 4:03 am
Court annuls Commissioner of Human Rights' determination because it lacked substantial evidence to support a finding of unlawful discriminationMatter of Suffolk County Community Coll. v New York State Div. of Human Rights, 2009 NY Slip Op 03184, Decided on April 21, 2009, Appellate Division, Second DepartmentThe Commissioner of the New York State Division of Human found Suffolk County Community College had engaged in unlawful racially discriminatory practices against… [read post]
9 Apr 2012, 2:24 pm
New York Appellate Division, Third Department: Hastings v Sauve It’s after 1:00 AM. [read post]
11 Oct 2006, 7:55 am
Today's decision of interest in The New York Law Journal is "Matter of 321 Henderson Receivables LP v Fontana", Suffolk County Supreme Court 10243-2006. [read post]
9 Nov 2010, 4:11 am
"Guillermo Ramos was employed by Tristar as a security guard and was injured while working at premises owned by the City of New York. [read post]
6 Mar 2010, 2:28 pm
In People v. [read post]
9 Jan 2009, 4:16 am
Judicial review of an Article 75 petition to vacate an arbitration award is limitedMatter of Transport Workers Union, Local 100 v New York City Transit Authority, 2008 NY Slip Op 09807, decided on December 9, 2008, Appellate Division, Second DepartmentAn arbitration award terminated the employment of a Transit Authority worker. [read post]
27 Feb 2009, 4:22 am
Twenty-day statute of limitations for filing an appeal with the Unemployment Insurance Board strictly construedMatter of Pascarella v New York State Thruway Auth., 2009 NY Slip Op 01269, Decided on February 19, 2009, Appellate Division, Third DepartmentAn agency Administrative Law Judge [ALJ] reversed an initial determination that denied former New York State Thruway employee James J. [read post]
10 Aug 2012, 4:00 am
Administrative disciplinary action involving charges based on employee’s being convicted of crime NYC Department of Sanitation v Anonymous, OATH Index No. 1159//12 A New York City sanitation police officer was served with disciplinary charges after he was convicted of possession of cocaine in federal court. [read post]
17 Nov 2011, 2:50 am
If you're in New York, I hope to run into you at the 4th annual U.S. [read post]
25 Jun 2010, 4:15 am
In the absence of any “expressed” contractual limitations, an arbitrator is free to fashion a fitting and necessary remedy to a contract disputeMatter of City of New York v District Council 37 AFSCME, 2010 NY Slip Op 05671, Decided on June 24, 2010, Appellate Division, First DepartmentAn arbitrator ruled that a number of individuals employed as New York City Public Health Advisors (PHAs) by the City’s Department of Health and Mental Hygiene were entitled… [read post]
5 Aug 2010, 7:00 am
In Baidu, Inc. v. [read post]
6 Aug 2012, 3:30 am
Waiving further administrative or judicial consideration of the resulting decision as a conditions of electing a particular administrative review procedure binding Colon v New York City Employees' Retirement Sys., 2012 NY Slip Op 05819, Appellate Division, Second Department When the application for a performance-of-duty retirement disability pension was denied by the Board of Trustees of the New York City Employees' Retirement System, the applicant was… [read post]
2 Feb 2009, 4:10 am
Union presses an appeal notwithstanding its concession that a final administrative determination rendered the appeal mootIn re Civil Service Technical Guild, Local 375, AFSCME, v The City of New York, et al, 2009 NY Slip Op 00454, decided on January 29, 2009, Appellate Division, First DepartmentNew York State Supreme Court Justice Carol R. [read post]
9 Aug 2010, 10:46 am
In the Matter of Aides at Home, Inc. v State of New York Workers' Compensation Board et al. [read post]
22 Oct 2010, 4:15 am
Employer not be liable for damages resulting from employee’s off duty misconduct absent notice of the employee's proclivity for such misconductAcosta-Rodriguez v City of New York, 2010 NY Slip Op 07470, Decided on October 21, 2010, Appellate Division, First DepartmentAn employee of the New York City Board of Education [BOE] was alleged to have sexually abused two students. [read post]
23 Mar 2011, 4:09 am
Four-month statute of limitations for filing an Article 78 petition not tolled while individual pursues his or her administrative remediesMatter of Murane v Department of Educ. of the City of New York, 2011 NY Slip Op 02054, Appellate Division, First DepartmentJennifer Murane appealed the Supreme Court’s dismissal of her Article 78 petition seeking to annul her termination as a probationary teacher by the New York City Department of Education, to have her year-end… [read post]
2 Jul 2012, 12:11 pm
Municipality may have voluntarily assumed a special duty to an injured employee based on "justifiable reliance" Morgan-Word v New York City Dept. of Educ., 2012 NY Slip Op 05151, Appellate Division, Second Department Assistant Principal Rolanda Morgan-Word alleged that she was injured while attempting to break up a fight between two students at a school. [read post]
