Search for: "Safir v Safir"
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2 Oct 2008, 11:15 am
Appellate Division holds substantial evidence supports disciplinary hearing officer's findingsMercado v Kelly, 2008 NY Slip Op 07175, Decided on September 30, 2008, Appellate Division, First Department Benigno Mercado appealed his termination from his position as a New York City police officer after he was found guilty of certain charges following a disciplinary hearing. [read post]
3 May 2019, 4:30 am
PF appealed the Supreme Court's ruling.Citing Swinton v Safir, 93 NY2d 758, the Appellate Division, sustaining the lower court's decision, explained that judicial review of the dismissal of a probationary employee is limited to whether the dismissal was [1] made in bad faith; [2] for a constitutionally impermissible purpose; or [3] in violation of statutory or decisional law. [read post]
3 May 2019, 4:30 am
PF appealed the Supreme Court's ruling.Citing Swinton v Safir, 93 NY2d 758, the Appellate Division, sustaining the lower court's decision, explained that judicial review of the dismissal of a probationary employee is limited to whether the dismissal was [1] made in bad faith; [2] for a constitutionally impermissible purpose; or [3] in violation of statutory or decisional law. [read post]
10 Apr 2015, 10:00 am
Citing Berenhaus v Ward, 70 NY2d 436, the Appellate Division said “There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials” and the penalty imposed, termination of the police officer from his position, did not shock the court’s “sense of fairness,” citing Kelly v Safir, 96 NY2d 32.These decisions are posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2015/2015_02963.htm… [read post]
23 Jul 2020, 4:00 am
Safir, 291 AD2d 298, leave to appeal denied, 98 NY2d 613]. [read post]
23 Jul 2020, 4:00 am
Safir, 291 AD2d 298, leave to appeal denied, 98 NY2d 613]. [read post]
21 Oct 2014, 4:00 am
”Another decision in which “tainted testimony” was the basis for overturning a disciplinary determination is Buric v Safir, 285 A.D.2d 255, leave to appeal dismissed, 98 NY2d 688. [read post]
13 Feb 2017, 3:00 am
Safire examined the arguments in the court of grammatical opinion in a column called “Scalia v. [read post]
17 May 2010, 11:58 pm
Dismissed probationer has the burden of showing the termination was for an unlawful or other improper conductJohnson v New York City Dept. of Education, 2010 NY Slip Op 04195, decided on May 11, 2010, Appellate Division, Second DepartmentCiting Matter of Swinton v Safir, 93 NY2d 758, the Appellate Division said “A probationary employee may be discharged without a hearing* and without a statement of reasons in the absence of a demonstration that the termination was in… [read post]
10 Jul 2010, 8:36 am
” Further, said the court, although there were a few instances of conflicting testimony, this merely "raised issues of credibility for the Hearing [Board] to resolve," citing Leong v Safir, 259 AD2d 751.As to Weymer’s challenge to the penalty imposed, the Appellate Division concluded that the penalty imposed was not "so disproportionate to the offenses as to be shocking to one's sense of fairness. [read post]
26 Oct 2010, 4:02 am
Substantial evidence consists of relevant proof that a reasonable person would accept as adequate to support a conclusionMatter of Seltzer v City of Rochester, 2010 NY Slip Op 06846, Decided on October 1, 2010, Appellate Division, Fourth DepartmentLawrence M. [read post]
3 Nov 2008, 12:10 pm
Misuse of an agency's computersBedford v Raymond W. [read post]
22 May 2012, 4:46 am
In dismissing the former employee’s appeal the Appellate Division said that “It is well-settled that a probationary employee may be discharged without a hearing and without a statement of reasons, in the absence of any demonstration that the dismissal was in bad faith, for a constitutionally impermissible purpose, or in violation of law, citing Swinton v Safir, 93 NY2d 758. [read post]
7 Mar 2011, 3:34 am
As to the penalty imposed, termination, the court said that “Under the circumstances, termination is not a sanction shocking to our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The decision is posted on the Internet at:http://nypublicpersonnellawarchives.blogspot.com/2007/02/discipline-not-barred-by-availability.html=======================The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State is a 1272 page… [read post]
19 Mar 2010, 3:06 am
Supreme Court dismissed Shabazz’s petition; the Appellate Division affirmed the lower court’s ruling.Citing Swinton v Safir, 93 NY2d 758, the Appellate Division said that a probationary employee may only challenge his or her termination if he or she demonstrates that he or she was dismissed in bad faith or for an improper reason. [read post]
9 Jun 2009, 3:34 am
Supreme Court dismissed Shabazz's petition; the Appellate Division affirmed the lower court's ruling.Citing Swinton v Safir, 93 NY2d 758, the Appellate Division said that a probationary employee may only challenge his or her termination if he or she demonstrates that he or she was dismissed in bad faith or for an improper reason. [read post]
17 Nov 2008, 12:02 pm
"Citing Kelly v Safir, 96 NY2d 32, the court said that the penalty imposed - a 40-day suspension -did not its judicial conscience and, further, was consistent with the City's Administrative Code § 14-115(a).The Appellate Division also noted that police discipline in New York City is subject to the Administrative Code of the City of New York and that the procedures set forth in Civil Service Law §75 are inapplicable in such cases.The full text of… [read post]
26 Sep 2011, 3:16 am
Dismissal in consideration of the misconduct proven not a viewed as "shocking" Ortiz v Safir, App. [read post]
6 Apr 2021, 4:00 am
* Many Local Civil Service Commissions and Civil Service Law §15 Personnel Officers have adopted rules or regulations similar to those set out in 4 NYCCR 5.3 applicable to employees in the Classified Service in their respective jurisdictions.** Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from the appointing authority conducting a disciplinary hearing in absentia. [read post]
28 Mar 2016, 4:00 am
”In Swinton v Safir, 93 NY2d 758, the Court of Appeals held that with respect to an employer providing a former employee with a “name clearing hearing,” the material in the individual’s personnel records objected to must be “stigmatizing in the constitutional sense,” and not merely charges of “individual or isolated instances of bad judgment or incompetent performance of duties. [read post]
