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17 Sep 2021, 7:30 am by Public Employment Law Press
The Appellate Division, noting that to prevail PEF bore the burden of demonstrating that the Commission "erred in its job classification determinations," said that decisions of the Commission are "subject to limited judicial review and will not be disturbed absent a showing that [they were] wholly arbitrary or without a rational basis", citing Cove v Sise, 71 NY2d 910. [read post]
6 Jun 2023, 6:00 am by Public Employment Law Press
Citing Matter of Tomaine v City of Poughkeepsie Police, 178 AD3d 1256, the Appellate Division sustained the Board's determination. [read post]
17 Jun 2015, 3:46 pm
The petitioners also place reliance upon a report by Special Referee Tripp in Matter of Leahy v. [read post]
20 Dec 2023, 5:00 am by Public Employment Law Press
" In addition, the Court, citing Matter of Town of Waterford, 18 NY3d at 657, indicated that the Government "bears the burden of establishing an exemption. [read post]
13 Apr 2016, 10:37 am
Accordingly, even if the burden lay upon AS&E to prove the nega [read post]