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As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
CONNOLLY, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Decided and Entered: June 28, 2022 Before: Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Decided and Entered: June 28, 2022 Before: Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The original Gilded Age lawyers (312)
26 Jun 2022, 12:28 am by Bill Henderson
  Note that I write this post during the public hearings for the January 6th Commission, which is faithfully documenting an attempted coup of the United States government that would not have been possible without a rampant populist fervor that continues to this day. [read post]
Legal Evolution - https://www.legalevolution.org/
The fact that the proceeding has been rendered moot by the disclosure of the FOIL documents demanded does not preclude an award of fees
24 Jun 2022, 9:09 pm by Public Employment Law Press
Network, LLC v New York State Thruway Auth., 181 AD3d at 1074). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The fact that the proceeding has been rendered moot by the disclosure of the FOIL documents demanded does not preclude an award of fees
24 Jun 2022, 9:09 pm by Public Employment Law Press
Network, LLC v New York State Thruway Auth., 181 AD3d at 1074). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual conclusion that claimant made willful misrepresentations to obtain benefits sustained
24 Jun 2022, 9:07 pm by Public Employment Law Press
Law Office of Thomas V. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual conclusion that claimant made willful misrepresentations to obtain benefits sustained
24 Jun 2022, 9:07 pm by Public Employment Law Press
Law Office of Thomas V. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Decided and Entered: June 23, 2022 Before: Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Decided and Entered: June 23, 2022 Before: Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The State may not be held liable for the actions of a state-employed judge cloaked with judicial immunity
24 Jun 2022, 9:04 pm by Public Employment Law Press
Decided and Entered: June 23, 2022 Before: Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The State may not be held liable for the actions of a state-employed judge cloaked with judicial immunity
24 Jun 2022, 9:04 pm by Public Employment Law Press
Decided and Entered: June 23, 2022 Before: Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Probationary employee failing to file a timely written notice of her decision to exercise her retreat rights adversely affected her right to reinstatement to her prior position
24 Jun 2022, 9:03 pm by Public Employment Law Press
CONNOLLY, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Probationary employee failing to file a timely written notice of her decision to exercise her retreat rights adversely affected her right to reinstatement to her prior position
24 Jun 2022, 9:03 pm by Public Employment Law Press
CONNOLLY, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York Botanical Garden sues its insurance company for its "business interruption losses" resulting from an order by a government body closing its facilities in response to COVID-19
17 Jun 2022, 9:09 pm by Public Employment Law Press
Decided and Entered: June 14, 2022 Before: Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York Botanical Garden sues its insurance company for its "business interruption losses" resulting from an order by a government body closing its facilities in response to COVID-19
17 Jun 2022, 9:09 pm by Public Employment Law Press
Decided and Entered: June 14, 2022 Before: Webber, J.P., Gesmer, Oing, Singh, Kennedy, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A firefighter injured on the job unable to work "regular 10-24 hours shifts" is entitled to General Municipal Law §207-a disability leave benefits absent being offered the full-time equivalent of shorter shifts or light-duty
17 Jun 2022, 9:08 pm by Public Employment Law Press
Matter of Newman v City of Tonawanda 2022 NY Slip Op 03834 Decided on June 10, 2022 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A firefighter injured on the job unable to work "regular 10-24 hours shifts" is entitled to General Municipal Law §207-a disability leave benefits absent being offered the full-time equivalent of shorter shifts or light-duty
17 Jun 2022, 9:08 pm by Public Employment Law Press
Matter of Newman v City of Tonawanda 2022 NY Slip Op 03834 Decided on June 10, 2022 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Vacating a determination of a hearing officer made pursuant to Education Law §3020-a
10 Jun 2022, 9:34 pm by Public Employment Law Press
Decided on June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department BETSY BARROS, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Vacating a determination of a hearing officer made pursuant to Education Law §3020-a
10 Jun 2022, 9:34 pm by Public Employment Law Press
Decided on June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department BETSY BARROS, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/