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Loss of a required license or permit to perform the duties of the position
23 Apr 2014, 4:00 am by The Public Employment Law Press
Petitioner asked Supreme Court to (1) annulling the Employer’s terminating him from his position, (2) directing his reinstatement to his position with back pay, benefits, service time, seniority and other fringe benefits; and (3) award him the costs and disbursements of this proceeding, together with reasonable attorney's fees. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Arrested for a crime in NYS before age 19, am I a JD, JO,YO are an adult?
13 Mar 2015, 6:28 am by Lawrence Kasperek
Fam Ct Act art 3. [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
Contract provisions agreed upon in the course of collective negotiations pursuant to the Taylor Law cannot not override a statutory mandate
27 Oct 2010, 9:12 am
[Long Beach Unit], 8 NY3d 465Article V, Section 6 of New York State’s Constitution mandates that appointments and promotions in the civil service of the State and its political subdivisions "shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Counsel fees and litigation costs awarded as the custodian of records demanded pursuant to the Freedom of Information Law did not have a reasonable basis for denying access to the records
2 Dec 2021, 7:00 am by Public Employment Law Press
Relations Bd., 95 AD3d 1479, 1484 [2012] [internal quotation marks, ellipsis and citations omitted], affd 21 NY3d 255 [2013]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Counsel fees and litigation costs awarded as the custodian of records demanded pursuant to the Freedom of Information Law did not have a reasonable basis for denying access to the records
2 Dec 2021, 7:00 am by Public Employment Law Press
Relations Bd., 95 AD3d 1479, 1484 [2012] [internal quotation marks, ellipsis and citations omitted], affd 21 NY3d 255 [2013]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Recalcitrant Worker Defense Rejected By Court In New York Construction Accident Case
15 Oct 2011, 6:49 am
City, 1 NY3d 280, 290; Calderon v Walgreen Co., 72 AD3d 1532, appeal dismissed 15 NY3d 900). [read post]
New York Personal Injury Attorneys Blog - http://www.newyorkpersonalinjuryattorneysblog.com/
Distinguishing between disciplinary proceedings and employment conditions for employees entitled to statutory civil service protections in placing a tenured employee on leave without pay for failing to submit proof of satisfying COVID-19 vaccination requirements
23 Oct 2024, 6:00 am by Public Employment Law Press
Servs., 3 NY3d 498, 505 [2004]; see also Matter of New York State Off. of Children & Family Serv [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Distinguishing between disciplinary proceedings and employment conditions for employees entitled to statutory civil service protections in placing a tenured employee on leave without pay for failing to submit proof of satisfying COVID-19 vaccination requirements
23 Oct 2024, 6:00 am by Public Employment Law Press
Servs., 3 NY3d 498, 505 [2004]; see also Matter of New York State Off. of Children & Family Serv [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Legal Malpractice and Judiciary Law 487 in a Nutshell
12 Mar 2018, 4:36 am by Andrew Lavoott Bluestone
., 5 NY3d 11, 19 [2005]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
The Non-Existant Discovery Statute of Limitations in Legal Malpractice
18 Feb 2011, 3:51 am by Andrew Lavoott Bluestone
Caruso, 68 AD3d 1 , 6 (lst Dept 2009), aff’d 14 NY3d 874 (2010). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Appeal to the Commissioner of Education involving a school board election, an alleged denial of "free speech," and failure to agree to a new collective bargaining agreement dismissed for procedural reasons
24 Aug 2021, 4:00 am by Public Employment Law Press
New York StatePublic Employment Relations Board, et al., 19 NY3d 876. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging an arbitration award
1 Dec 2017, 4:00 am by Public Employment Law Press
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York City and New York State Human Rights Law complaints are generally analyzed under less demanding standard than are federal discrimination claims
2 Nov 2023, 6:00 am by Public Employment Law Press
In this instance the Appellate Division found: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Matters of public concern alleged to be defamatory uttered by a public official are entitled to a qualified privilege of immunity from liability if they involve the discharge of a public duty
8 Sep 2021, 4:00 am by Public Employment Law Press
In deciding this action brought by an individual [Plaintiff] alleging he had been defamed by a public officer, the Appellate Division observed that the elements of a cause of action to recover damages for defamation are the making of [1] a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace; [2] published without privilege or authorization to a third party; [3]  amounting to fault as judged by, at a minimum, a negligence… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appeal to the Commissioner of Education involving a school board election, an alleged denial of "free speech," and failure to agree to a new collective bargaining agreement dismissed for procedural reasons
24 Aug 2021, 4:00 am by Public Employment Law Press
New York StatePublic Employment Relations Board, et al., 19 NY3d 876. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging an arbitration award
1 Dec 2017, 4:00 am by Public Employment Law Press
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff's claims of alleged misconduct by City University of New York personnel and other named defendants must be brought in the Court of Claims
15 Nov 2023, 7:00 am by Public Employment Law Press
Rejecting Plaintiff's assertion that Supreme Court had jurisdiction over Queensborough Community College, where Plaintiff was employed, because it is a community college rather than a senior college, the Appellate Division explained: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a statement alleged to have been made by a party constitutes defamation of a public entity or it members for the purposed of litigation
25 Apr 2022, 6:30 am by Public Employment Law Press
" However, explained the court, "Whether a particular statement constitutes an opinion or objective fact is a question of law," [see Mann v Abel, 10 NY3d at 276]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging a disciplinary arbitration award pursuant to Article 75 of New York State's Civil Practice Law and Rules
23 Sep 2024, 6:00 am by Public Employment Law Press
"* See Matter of Barella v State of New York Off. of Mental Health, 175 AD3d 495, citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff's claims of alleged misconduct by City University of New York personnel and other named defendants must be brought in the Court of Claims
15 Nov 2023, 7:00 am by Public Employment Law Press
Rejecting Plaintiff's assertion that Supreme Court had jurisdiction over Queensborough Community College, where Plaintiff was employed, because it is a community college rather than a senior college, the Appellate Division explained: 1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/