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When Is A Judiciary Law 487 Case Permitted?
14 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
Solutions, Inc. v Glass, 17 AD3d 427, 427-428; Retina Assoc. of Long Is. v Rosberger, 299 AD2d 533; New York City Tr. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Problems Serving the Defendant? Look at “Good Cause” and “Interests of Justice”
10 Oct 2017, 4:00 am by Andrew Lavoott Bluestone
New York City Tr. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
An arbitrator's award may only be vacated by a court if it violates public policy, is irrational or it exceeds specified limitations on the arbitrator's power
15 Sep 2017, 4:00 am by The Public Employment Law Press
An arbitrator's award may only be vacated by a court if it violates public policy, is irrational or it exceeds specified limitations on the arbitrator's powerSubway Surface Supervisors Assn. v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review of a determination arrived at following a quasi-judicial hearing is typically limited to determining if the decision is supported by substantial evidence
21 Jul 2017, 4:00 am by The Public Employment Law Press
Where evidence is conflicting and room for choice exists, a reviewing court may not weigh the evidence or reject the choice made by the administrative agency.Here, said the court, substantial evidence supported the appointing authority's determination that Petitioner was guilty of committing certain acts of misconduct or insubordination.As to the penalty imposed, dismissal from the position, the Appellate Division, citing Kreisler v New York City Tr.… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Attempting to vacate an adverse arbitration award rendered after a consensual arbitration process
14 Jul 2017, 4:00 am by The Public Employment Law Press
Attempting to vacate an adverse arbitration award rendered after a consensual arbitration processTransit Workers Union, Local 100 v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York City Bus Drivers Allege Sexual Harassment by Male Supervisor
3 May 2017, 9:53 am by Phillips & Associates
Auth., 66 A.D.3d 26 (2d Dep. 2009); Tang v. [read post]
New York Employment Attorney Blog - http://www.newyorkemploymentattorney-blog.com/
Third Department Holds That Failure to Effectuate Proper Service of a Motion Deprives the Court of Jurisdiction to Entertain the Motion
24 Apr 2017, 5:48 am by Joel R. Brandes
New York City Tr. [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
The standards used by the courts in reviewing arbitration awards
17 Nov 2016, 8:00 am by The Public Employment Law Press
Citing New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Vacating an arbitration award based on allegations the award violated public policy
24 Oct 2016, 7:30 am by The Public Employment Law Press
-C.I.O. v County of Nassau, 2016 NY Slip Op 06211, Appellate Division, Second DepartmentIn New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Exceptions to the general rule that only the union or the employer may demand that an issue be submitted to arbitration
1 Sep 2016, 7:00 am by The Public Employment Law Press
"Accordingly, said the Appellate Division, the Supreme Court should have granted Sossous’ petition to compel arbitration and denied the School District’s cross motion to dismiss the petition.* New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Doctrine of Election of Remedies bars an individual from attempting to litigate a matter involving the same issue earlier adjudicated in a different forum
17 Jun 2016, 4:00 am by The Public Employment Law Press
The Doctrine of Election of Remedies bars an individual from attempting to litigate a matter involving the same issue earlier adjudicated in a different forumNizamuddeen v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Supreme Court’s imposing a “lesser disciplinary penalty” upon remand found to have usurped the authority of the arbitrator under the circumstances
6 May 2016, 4:00 am by The Public Employment Law Press
Supreme Court’s imposing a “lesser disciplinary penalty” upon remand found to have usurped the authority of the arbitrator under the circumstancesFernandez v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A public benefit corporation may not establish an alternate civil service system unless such action is authorized by law
11 Apr 2016, 4:30 am by The Public Employment Law Press
., Inc. v Westchester County Health Care Corp., 2016 NY Slip Op 02649, Appellate Division, Second DepartmentIn Collins v Manhattan & Bronx Surface Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Arbitrator’s award baring disciplining an employee charged with sexual harassment while the employee was on “union leave” vacated as violative of public policy
24 Aug 2015, 4:00 am by The Public Employment Law Press
Auth. v Transport Workers Union of Am., Local 100, AFL—CIO, 99 NY2d 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff Brings an Action to Recover Damages
8 Jul 2015, 5:37 pm
New York City (Tr. [read post]
New York Probate and Estate Administration Blog - http://www.newyorkprobateestateadministration.com/
General Municipal Law § 50–h...cont
12 May 2015, 2:16 pm
New York City Tr. [read post]
New York Personal Injury Lawyer Blog - http://www.newyorkpersonalinjurylawyer24-7blog.com/
Plaintiff Seeks Declaration that he is not Obligated to Indemnify Others Involved
25 Sep 2014, 4:54 pm
A New York City Criminal Lawyer said that in the civil action, the appellant sought a defense and indemnification from the plaintiff pursuant to an insurance policy issued to his parents. [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer24-7blog.com/
An alleged ambiguity in the application of a provision in a collective bargaining agreement is to be resolved by the arbitrator
4 Jun 2014, 4:00 am by The Public Employment Law Press
An alleged ambiguity in the application of a provision in a collective bargaining agreement is to be resolved by the arbitratorNew York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
No private right of action flows from a mere statement of general policy applicable to all Civil Service employees
10 Apr 2014, 9:11 am by The Public Employment Law Press
No private right of action flows from a mere statement of general policy applicable to all Civil Service employeesMatter of Subway Surface Supervisors Assn. v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Automatic termination of a certain NYC Emergency Medical Service employees violating the Department’s zero drug tolerance policy not subject to collective bargaining
3 Dec 2013, 4:00 am by The Public Employment Law Press
” The Appellate Division also noted that the Court of Appeals has ruled that a public employer “cannot be compelled to bargain over ‘inherent and fundamental policy decisions relating to the primary mission of the public employer," citing Matter of New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/