Search for: "Safir v Safir" Results 121 - 140 of 167
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9 Nov 2010, 3:23 am
Employee’s dismissal after refusing to participate in a counseling program held reasonable under the circumstancesSiciliano v Safir, 259 AD2d 366Matthew Siciliano, a New York City police officer, was dismissed from his position after he refused to enter the department’s counseling program. [read post]
8 Nov 2010, 3:04 am
Fitness of a witness determined by the credibility of his or her testimonyGoodman v Safir, 259 A.D.2d 344In the Goodman case, the Appellate Division considered the value of testimony provided by “corrupt former employees” called by the employer as witnesses against another employee in a disciplinary action. [read post]
6 Nov 2010, 5:54 am
Ultimately the Court of Appeals considered the matter in terms of a court's authority to overturn or modify an administrative disciplinary decision or a disciplinary penalty imposed on a worker [Kelly v Safir, 96 N.Y.2d 32].The Court of Appeals, ruled:1. [read post]
5 Nov 2010, 3:04 am
Rescinding a resignationOtero v Safir, 258 AD2d 297After being served with disciplinary charges involving allegations that subjected him to criminal charges, New York City police officer Louis Otero submitted his resignation from the force rather than testify at a disciplinary hearing. [read post]
4 Nov 2010, 3:36 am
Using tape-recorded testimony in an administrative proceedingMiller v Howard Safir, App. [read post]
29 Oct 2010, 3:45 am
” Castro v Safir, 291 AD2d 212, is another case in which one of the issues before the court concerned the forfeiture of a retirement allowance. [read post]
27 Oct 2010, 3:20 am
Court permits tape-recorded statements provided by informants to be admitted into evidence in an administrative disciplinary hearingSannuti v Safir, 261 AD2d 153Marino E. [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]
22 Oct 2010, 6:22 am
Disciplining an employee for off-duty misconductAnderson v Safir, App. [read post]
22 Oct 2010, 3:02 am
Failing to participate in a counseling program results in disciplinary actionSiciliano v Safir, 259 AD2d 366New York City police officer Matthew Siciliano was dismissed from his position after he refused to enter the department’s counseling program. [read post]
20 Oct 2010, 3:39 am
Rescinding a letter of resignationGrogan v Holland Patent CSD, App. [read post]
9 Sep 2010, 3:57 am
Alcoholism as a defense in a disciplinary actionMurolo v Safir, Appellate Division, 246 A.D.2d 653, Leave to appeal denied, 91 N.Y.2d 813In McEniry v Landi, 84 NY2d 554, the Court of Appeals said that alcoholism qualifies as a disability within the meaning of the State’s Human Rights Law [Section 292.21, Executive Law]. [read post]
15 Jul 2010, 3:46 am
Employee disciplined for making false statements in the course of an administrative investigationAbbate v Safir, App. [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]
24 Jun 2010, 3:00 am
­­­­­­­­­­­­­­­­­­­­Employee terminated after being found guilty of off-duty misconductLosada v Safir, 278 A.D.2d 59The Appellate Division sustained the disciplinary termination of New York City police officer Fernando Losada based on a finding that Losada, while off-duty, was in a traffic-related altercation during which he "wrongfully punched and kicked the driver of the other vehicle, causing… [read post]
21 Jun 2010, 3:22 am
Disciplinary probationFeliciano v Safir, Supreme Court, [Not officially reported]Garnett v Safir, 253 A.D.2d 700, Motion for leave to appeal denied, 92 N.Y.2d 817The Feliciano Case:Although the specific events underlying the Feliciano case are but rarely encountered, the decision demonstrates that an employee’s “disciplinary probation status” may follow the individual to a new agency upon his or her transfer if the new employer wishes to… [read post]
18 Jun 2010, 2:51 am
Further, the sole purpose of such a hearing is to afford the employee an opportunity to prove that the material is false and should be expunged from his or her record -- it is not grounds for reinstatement should the individual prevail.Judge Cahn ruled that Garnes was not entitled to a name-clearing hearing because even assuming all the facts in his Petition are true, he did not meet the standard for a name-clearing hearing set by the Court of Appeals in Swinton v Safir, 93 NY2d… [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]
28 May 2010, 3:37 am
Tainted testimony a basis for overturning a disciplinary determination Buric v Safir, App. [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]