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22 Mar 2016, 4:00 am by The Public Employment Law Press
Individual cannot be found guilt of misconduct not charged in the notice of disciplineWise v New York City Human Resources Admin., 2016 NY Slip Op 01775, Appellate Division, First DepartmentIris Wise was terminated from her position after being found guilty of participating in a scheme to improperly transfer cases to the East End Job Placement Center in violation of New York City’s Human Resources Administration Code of Conduct §III(1), (4), (11) and (37) and… [read post]
27 Feb 2015, 7:30 am by The Public Employment Law Press
A public employee’s speech as a citizen rather than as an employee protected by the First AmendmentMatthews v City of New York, USCA, 2nd Circuit, Civ. 13-2915New York City Police Officer Craig Matthews sued the City of New York alleging that the City had retaliated against him for speaking to his commanding officers about an arrest quota policy at his precinct. [read post]
22 Jun 2023, 7:00 am by Public Employment Law Press
Addressing a procedural issue, the Appellate Division opined "where, as here, there was no administrative hearing, an agency may submit an official's affidavit to explain the information that was before the agency and the rationale for its decision" the court may consider such an affidavit even though it was not submitted during the administrative process [See Matter of Robins v New York City Off. of Chief Med. [read post]
31 Aug 2012, 12:43 pm
  This law was enacted in order to encourage and promote the prosecution of fraud claims of individual consumers (Wilder v. [read post]
18 Apr 2022, 6:14 am by Second Circuit Civil Rights Blog
The law is so settled in this area that, the Court of Appeals (Raggi, Lynch and Lohier) notes, the City of New York did not even argue that the case law in this area, including Duplan v. [read post]
6 Oct 2023, 6:00 am by Public Employment Law Press
" Citing Matter of Marsteller v City of New York, 217 AD3d 543, the Appellate Division noted that Plaintiff:[1] "had no demonstrated history of refusing medications or vaccines;[2] "he admitted to receiving a certain vaccination required for him to attend college;  and [3] "he refused to answer a question about whether he had avoided any other vaccines or medications based on the same objection he raised to the COVID-19 vaccines. [read post]
12 Feb 2016, 10:00 am by The Public Employment Law Press
Hearing officer credits the agency's witnesses' testimony that their conduct towards the disciplined employee was not discriminatory or retaliatoryRigaud v City of New York, 2016 NY Slip Op 00628, Appellate Division, First DepartmentThe New York City Police Commissioner approved the disciplinary hearing officer's finding that Clifford M. [read post]
6 Oct 2023, 6:00 am by Public Employment Law Press
" Citing Matter of Marsteller v City of New York, 217 AD3d 543, the Appellate Division noted that Plaintiff:[1] "had no demonstrated history of refusing medications or vaccines;[2] "he admitted to receiving a certain vaccination required for him to attend college;  and [3] "he refused to answer a question about whether he had avoided any other vaccines or medications based on the same objection he raised to the COVID-19 vaccines. [read post]
23 Feb 2024, 6:00 am by Public Employment Law Press
Even if the alleged misconduct was ministerial and not discretionary in nature, [Claimant] has failed to show a special duty (see id. at 199, 202-203; Hephzibah v City of New York, 124 AD3d 442, 443 [1st Dept 2015], lv denied 26 NY3d 903 [2015]). [read post]
23 Feb 2024, 6:00 am by Public Employment Law Press
Even if the alleged misconduct was ministerial and not discretionary in nature, [Claimant] has failed to show a special duty (see id. at 199, 202-203; Hephzibah v City of New York, 124 AD3d 442, 443 [1st Dept 2015], lv denied 26 NY3d 903 [2015]). [read post]
22 Jun 2023, 7:00 am by Public Employment Law Press
Addressing a procedural issue, the Appellate Division opined "where, as here, there was no administrative hearing, an agency may submit an official's affidavit to explain the information that was before the agency and the rationale for its decision" the court may consider such an affidavit even though it was not submitted during the administrative process [See Matter of Robins v New York City Off. of Chief Med. [read post]
19 Dec 2012, 7:17 am
  In this decision, the United States District Court for the Eastern District of New York dismissed a DOJ challenge to Archdiocese of New York v. [read post]
18 Jun 2015, 11:30 am by The Public Employment Law Press
Benefit available members of union pursuant to a "Memorandum of Agreement" was a “vested lifetime benefit”Port Auth. of N.Y. and N.J. v Union of Automotive Technicians, 2015 NY Slip Op 05114, Appellate Division, First DepartmentDue to budget constraints, the Port Authority of New York and New Jersey [Port Authority], effective January 1, 2011, discontinued its free E-Z Pass program available to retired Port Authority employee. [read post]
5 Oct 2020, 4:00 am by Public Employment Law Press
 The Appellate Division unanimously affirmed the Supreme Court's dismissal of Plaintiff's petition.Citing  Matter of Pepin v New York City Dept. of Educ., 148 AD3d 443, the Appellate Division held that DOE:1. [read post]
11 Jan 2023, 3:50 am
IT'S THE NATION'S LARGEST HOUSING-DISCRIMINATION CASEOn January 9, 2023, New York Supreme Court Justice Mary V. [read post]