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26 Mar 2010, 5:00 pm by Brian Shiffrin
In People v Gregory (2010 NY Slip Op 02608 [4th Dept 3/26/10]) the Fourth Department has held that the imposition of SORA registation requirements 11 years after the expiration of the defendant's sentence was impproper. [read post]
23 Mar 2010, 9:47 pm by JT
., 2010 NY Slip Op 02213 (4th Dept. 2010) “Defendant moved for summary judgment dismissing the complaint and, in support of its motion, submitted an expert affidavit. [read post]
22 Mar 2010, 9:00 pm by Adjunct LawProfs
Matter of Kowaleski v New York State Dept. of Correctional Servs., 61 AD3d 1081 NYS Correction Officer Barbara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of... [read post]
19 Mar 2010, 3:06 am
Probationary employee dismissed on the basis of reports indicating a potential violation of the employer’s rulesMatter of Shabazz v New York State Dept. of Correctional Servs., 63 AD3d 1253The Appellate Division affirmed a judgment of the Supreme dismissing a petition filed by Malik Shabazz seeking a review a determination of Correctional Services’ terminating his employment.Shabazz, who had been appointed as a chaplain, was serving his probationary period. [read post]
5 Mar 2010, 2:53 am
Employee injured in the employer’s gym while practicing for a sports event not sponsored by the employer denied workers’ compensation benefitsMatter of Booth v New York State Dept. of Corrections, 58 AD3d 1027Troy Booth, a correction officer at Arthur Kill Correctional, was injured while practicing basketball off-duty in the Arthur Kill’s gym while practicing for the "Department of Correction Olympics," an annual event… [read post]
3 Mar 2010, 10:23 am
The correct seminar dates are June 14-July 23 (not July 30).All applications received by March 15 will be given full consideration, and electronic submissions are welcome. [read post]
26 Feb 2010, 2:13 pm by Kenneth Vercammen
Have your old power of attorney revoked.3) Select the correct beneficiary on assets you may own, such as stocks, bank accounts, IRA, and other financial assets.4) Change your beneficiary under your own life insurance, whether whole life insurance or term insurance.5) Contact your employer's human resources and change the beneficiary on life insurance, pension, stock options or other employee benefits. [read post]
23 Feb 2010, 3:01 am
Arbitrator finds employee guilty of disciplinary charges filed against him; offers employer a choice of penalties to be imposedMatter of Hansen v New York State Dept. of Correctional Servs., 59 AD3d 903NYS Correction Officer Ronald Hansen was served with two notices of discipline. [read post]
22 Feb 2010, 2:57 am by Andrew Lavoott Bluestone
Defendants may yet succeed in at least removing the single-step issue from the case, if they are correct that "a single step is not an inherently dangerous condition. [read post]
10 Feb 2010, 3:40 am
Disciplinary arbitrator has jurisdiction to hear a defense based on CSL §75-b, the Whistle Blower statuteMatter of Kowaleski v New York State Dept. of Correctional Servs., 61 AD3d 1081NYS Correction Officer Barbara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of her conduct on three separate occasions.The charges alleged Kowaleski:[1] had made inappropriate comments of a… [read post]
8 Feb 2010, 4:10 am
Miller recommended that Jenkins be termination from her position with the Department.In Vega v Dept. of Correctional Services, 186 A.D.2d 340, the Appellate Division considered disciplinary action taken against a correction officer charged with fraternizing with an inmate, her husband.The department's employees' manual contained a rule prohibiting employees from engaging in a "relationship with any inmate, former inmate, [or] parolee ... in any manner or… [read post]
4 Feb 2010, 1:27 am
Involvement in an accident going to or from work typically is not job-related for the purposes of receiving workers' compensation benefitsMatter of Littles v New York State Dept. of Corrections, 61 AD3d 1266While en route to her job at a prison, Wandell Littles was injured when she was involved in an automobile accident approximately 10 feet from the entrance to the facility. [read post]