Search for: "Safir v Safir"
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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]
11 Jun 2012, 4:00 am
” As to the penalty imposed, dismissal, the Appellate Division said that “on the record before us, we do not find the penalty of termination shocking to the judicial conscience,” citing Kelly v Safir, 96 NY2d 32, and Pell v Board of Educ. of Union Free School Dist. [read post]
28 Jan 2013, 4:00 am
*** See Mari v. [read post]
19 Sep 2014, 4:00 am
. * Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation resulting from conducting a disciplinary hearing in absentia. [read post]
23 Jul 2014, 4:00 am
" Here, said the Appellate Division, it can be reasonably inferred that Officer intended to obtain a benefit for his fellow officer and friend within the meaning of the statute when he accessed confidential information in the computer system and confirmed for the friend the scope of the allegations of the complainant in the disciplinary investigation against him.Under the circumstances, the Appellate Division held that “The penalty of termination is not so disproportionate to the offense… [read post]
3 Jul 2012, 3:40 am
The court said that it is well established that courts must uphold the disciplinary penalty imposed by an appointing authority unless, as a law, it is an abuse of discretion, citing Kelly v Safir, 96 NY2d 32. [read post]
14 Oct 2008, 11:15 am
The court said that it is well established that courts must uphold the disciplinary penalty imposed by an appointing authority unless, as a matter of law, it is an abuse of discretion, citing Matter of Kelly v Safir, 96 NY2d 32.The Appellate Division said that "A police force is a quasi-military organization demanding strict discipline" and "great leeway" must be accorded to "determinations concerning the appropriate punishment, for it is the [Chief of… [read post]
21 Mar 2010, 11:21 pm
"Citing Swinton v Safir, 93 NY2d 758, the court said it had to apply a "stringent standard of review" in considering termination cases of probationary employees. [read post]
11 May 2010, 1:42 am
Matter of CSEA v. [read post]
12 Apr 2012, 3:59 am
Administrative Law Judge rules that the Civil Service Law does not give the employer the authority to discipline an employee for alleged misconduct that occurred before he or she was employed OATH Administrative Law Judge Faye Lewis, citing Umlauf v. [read post]
24 May 2016, 4:00 am
In Hall v Environmental Conservation, 235 A.D.2d 757, the employer boycotted the disciplinary arbitration because it believed that Hall was not entitled to the disciplinary arbitration. [read post]
4 Jan 2016, 4:00 am
Accordingly, said the Appellate Division, the administrative decision was based on the hearing officer's credibility findings which are entitled to deference.Further, the Appellate Division noted that “an administrative tribunal can rely upon credible hearsay evidence to reach its determination,” citing Muldrow v NYS Dept. of Correction and Community Supervision, 110 AD3d 425.Citing Kelly v Safir, 96 NY2d 32, the court then found that dismissing Durudogan… [read post]
29 Jun 2016, 4:06 am
The rationale for this was noted in McKee v. [read post]
1 Sep 2011, 3:31 am
As to a court's authority to overturn or modify an administrative disciplinary decision or a disciplinary penalty imposed on a worker, the Court of Appeals, in its March 22, 2001 decision in Kelly v Safir, 96 N.Y.2d 32, [decided with Elliott v City of New York], said that: 1.The courts may not modify such a determination if substantial evidence supports it; and 2.A court must uphold an administrative penalty unless it finds that it is so disproportionate to the… [read post]
10 Jun 2010, 3:56 am
Judge Stallman, after commenting that Rivera failed to demonstrate the relevance of the Certificate insofar as this case was concerned, indicated that even if it were relevant, such a certificate does not exempt a civil servant from administrative discipline.As to a court's authority to overturn or modify an administrative disciplinary decision or a disciplinary penalty imposed on a worker, the Court of Appeals, in its March 22, 2001 decision in Kelly v Safir, [decided with… [read post]
11 Feb 2011, 3:39 am
" ** See Dobrin v. [read post]
31 Jan 2011, 4:05 am
Accordingly, said the court, the hearing officer’s decision to go forward with the disciplinary hearing in Toolasprashad's absence was arbitrary and capricious.The Mari decision [Mari v Safir, 291 AD2d 298, motion for leave to appeal denied, 98 NY2d 613] sets out the general standards applied by the courts in resolving litigation resulting from conducting a disciplinary hearing in absentia.The decision demonstrates that an individual against whom disciplinary charges… [read post]
15 Mar 2010, 9:05 pm
Co. v. [read post]
24 Feb 2011, 4:15 am
Although Supreme Court thereafter granted the Correction Department’s motion to reargue its opposition to Mathis’ petition, it ultimately adhered to its prior decision.The Department appealed and the Appellate Division overturned Supreme Court’s ruling.First, the Appellate Division said that it agreed with the Department’s argument that at the time of his termination, Mathis was a probationary employee who could be terminated for “almost any reason or for no reason at… [read post]
19 Jun 2019, 8:19 am
" Also, where necessary and appropriate, such disciplinary action may be conducted in absentia [see Mari v Safir, 291 AD2d 298].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_04524.htm [read post]
