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An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
VENTURA, JJ. 2021-06071 (Index No. 521512/20) [*1]In the Matter of Emilena Rosa, appellant, vNew York City Employees' Retirement System, respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
., Clark, Ceresia, Fisher and Powers, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
In applying the arbitrary and capricious standard in the course of litigation, a court inquires whether the determination under review had a rational basis
6 Dec 2024, 6:00 am by Public Employment Law Press
DOWLING, JJ. 2020-07794(Index No. 473/19)                                      [*1]In the Matter of Robert LaBella, respondent,vNew York City Employees' Retirement System, appellant. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The anatomy of an Appellate Division's review of a New York State Public Employment Relations Board's decision of an alleged improper practice
23 Dec 2021, 6:00 am by Public Employment Law Press
ZAYAS, JJ. 2018-03024 (Index No. 3841/17) In the Matter of Lawrence Union Free School District, petitioner/cross respondent, v New York State Public Employment Relations Board, respondent/cross petitioner, et al., respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
., Clark, Ceresia, Fisher and Powers, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Reviewing a determination of the New York State Comptroller denying petitioner's application for a recalculation of his final average salary for the purposed of determining the pension portion of his retirement benefit to be paid by the New York State and Local Retirement System
16 Jul 2024, 6:00 am by Public Employment Law Press
., Aarons, Fisher, McShan and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Setting the compensation to be paid the Governor and Lieutenant Governor of the State of New York
11 May 2022, 4:00 am by Public Employment Law Press
., Lynch, Aarons, Colangelo and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the week ending April 8, 2023 - Deeming an employee's unauthorized work absences from work "a voluntary resignation"
11 Apr 2023, 6:00 am by Public Employment Law Press
., Clark, Pritzker, Ceresia and Fisher, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Only overtime payments paid pursuant to a comprehensive written overtime plan may be included in determining an eligible employee's pension benefit at the time of his or her retirement
26 Jun 2024, 6:00 am by Public Employment Law Press
., Aarons, Fisher, McShan and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Only overtime payments paid pursuant to a comprehensive written overtime plan may be included in determining an eligible employee's pension benefit at the time of his or her retirement
26 Jun 2024, 6:00 am by Public Employment Law Press
., Aarons, Fisher, McShan and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Dismissed lawsuit alleging breach of contract brought by retired teachers, not teachers as defined in the collective bargaining agreement, reinstated
29 May 2025, 6:00 am by Public Employment Law Press
LANDICINO, JJ.2023-05014(Index No. 58551/22)[*1]Chappaqua Congress of Teachers, et al., appellants,vBoard of Education of the Chappaqua Central School District, et al., respondents.Robert T. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Dismissed lawsuit alleging breach of contract brought by retired teachers, not teachers as defined in the collective bargaining agreement, reinstated
29 May 2025, 6:00 am by Public Employment Law Press
LANDICINO, JJ.2023-05014(Index No. 58551/22)[*1]Chappaqua Congress of Teachers, et al., appellants,vBoard of Education of the Chappaqua Central School District, et al., respondents.Robert T. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment
31 Jul 2023, 4:47 pm by INFORRM
In dissent in 303 Creative, Sotomayor J (Kagan and Jackson JJ concurring) held that the Colorado law in question targeted conduct, not speech – and since, on this view, the restriction did not engage the right to freedom of expression at all, she did not need to reach the question of whether it survived scrutiny. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
Footnotes in Supreme Court Opinions
19 Dec 2008, 8:47 am
Scalia, Kennedy, and Souter, JJ., joined that opinion in full. [read post]
DailyWrit - http://dailywrit.com
Transfer of Seat: Videocon Industries v Union of India
14 Jun 2011, 7:53 am by Badrinath Srinivasan
Krishna Iyer, JJ. had to consider whether a compromise signed by the pleader of one of the parties was binding on that party. [read post]
Practical Academic - http://www.practicalacademic.blogspot.com/
Heather’s Legal Summaries: R v Boudreault, 2018 SCC 58
14 Dec 2018, 2:56 pm by Heather Donkers
A majority of the Supreme Court (Côté and Rowe JJ. dissenting) allowed the appeals, finding that s. 737 infringes s. 12 of the Charter and is not saved by s. 1. [read post]
Robichaud's Criminal Law Blog - http://robichaudlaw.ca/blog/
ABA: U.S. Supreme Court Update
25 May 2010, 11:35 am
., and STEVENS, SCALIA, GINSBURG, BREYER, ALITO, and SOTOMAYOR, JJ., joined. [read post]
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
Heather’s Legal Summaries: R v Boudreault, 2018 SCC 58
14 Dec 2018, 2:56 pm by Heather Donkers
A majority of the Supreme Court (Côté and Rowe JJ. dissenting) allowed the appeals, finding that s. 737 infringes s. 12 of the Charter and is not saved by s. 1. [read post]
Robichaud's Criminal Law Blog - http://robichaudlaw.ca/blog/
Symposium: The First Amendment’s protection of political speech extends to both donations and spending
3 Apr 2014, 7:49 am by Ilya Shapiro
Stevens and O’Connor, JJ., delivered the opinion of the Court with respect to BCRA Titles I and II, in which Souter, Ginsburg, and Breyer, JJ., joined. . . . [read post]
SCOTUSblog - http://www.scotusblog.com/
Transfer of Seat: Videocon Industries v Union of India
14 Jun 2011, 7:53 am by Badrinath Srinivasan
Krishna Iyer, JJ. had to consider whether a compromise signed by the pleader of one of the parties was binding on that party. [read post]
Practical Academic - http://www.practicalacademic.blogspot.com/