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9 Sep 2011, 2:33 am
Settlement of disciplinary charges Ivory v NYS Dept. of Civil Service, NYS Supreme Court, [Not selected for publication in the Official Reports] Often the employer and the employee will agree to settle a disciplinary action on mutually acceptable terms rather than proceed with an administrative hearing or submit the matter to arbitration. [read post]
13 Sep 2008, 1:15 pm
A lengthy and important story today in the NY Times, written by Robert Pear. [read post]
1 May 2013, 4:22 am
* The Appellate Division noted that “R & F's contentions on appeal that the third and fourth causes of action should have been dismissed [by Supreme Court] are not properly before this Court. [read post]
21 Jun 2016, 4:00 am by The Public Employment Law Press
Removing a town, village, improvement district or fire district officer, other than a justice of the peace, from his or her office2016 NY Slip Op 04420, Appellate Division, Second DepartmentThe Village Board [Village] adopted a resolution appointing its Village Clerk/Treasurer [Clerk] for a two-year term. [read post]
19 Jun 2017, 4:30 am by The Public Employment Law Press
Claiming the affirmative defense of "privilege"Casey v State of New York,  2017 NY Slip Op 01922, Appellate Division, Third DepartmentOffice of Court Administration's [OCA] sole contention is that the Court of Claims court should have found that its "detention" of Colleen Casey, a senior court officer, was privileged* on the ground that a designated superior's authority to command Casey through lawful orders… [read post]
11 Jun 2019, 4:14 am by Andrew Lavoott Bluestone
“The motion court properly granted defendants’ motion to dismiss. [read post]
19 Sep 2008, 12:05 pm
Entities subject to the Open Meetings Law and the Freedom of Information LawMatter of Reese v Daines, 2008 NY Slip Op 51879(U), decided on September 15, 2008, Supreme Court, Erie County, Patrick H. [read post]
17 Feb 2013, 2:18 pm by Betsy McKenzie
Kishkovsky explains that a Moscow court actually ruled in 1991 that the materials should be returned to the Lubavitchers, who are now headquartered in Brooklyn, NY. [read post]
2 Jan 2014, 8:00 am by The Public Employment Law Press
After an unsuccessful administrative appeal, the official filed an Article 78 petition in Supreme Court seeking a court order directing the Thruway to provide him with the private employer’s employees' names and home addresses. [read post]
26 Sep 2007, 12:01 pm
  Appointment as "Acting Supreme" is not a matter of course; the judicial administrators make such designations in light of the needs of the understaffed Supreme Court bench and the track record of the lower court judges, so there was certainly recognition among the judicial administrators of Justice Feinman's merits. [read post]
6 Sep 2016, 7:00 am by The Public Employment Law Press
"In contrast, in Cunningham v NYS Dept. of Labor, 21 NY3d 515,**** the Court of Appeals, sustaining the decision of the Appellate Division, ruled that using a GPS device to gather evidence of employee misconduct to be used in an administrative disciplinary action was permitted.The Labor Department, suspecting that one of its employees was submitting false time reports, attached a global positioning system (GPS) device to the employee's personal automobile. [read post]
22 Jun 2018, 1:27 pm by Public Employment Law Press
., 2018 NY Slip Op 04068, Appellate Division, Third DepartmentIt is "black letter law" that all administrative agencies must render decisions based on the evidence contained in the record pertaining to the particular case before it. [read post]
3 Jul 2013, 4:13 am
"** The court explained, the Orange County Charter and Orange County Administrative Code vests in the Orange County Legislature sole authority to "establish or abolish positions of employment and titles thereof. [read post]
6 Jan 2011, 9:40 am by gstasiewicz
District Court for the District of Columbia, asking the court to force the Federal Housing Finance Agency (FHFA) to abide by the Freedom of Information Act (FOIA) and release documents related to the federal government’s September 2008 decision to place Fannie Mae and Freddie Mac into “conservatorship. [read post]
26 Sep 2008, 11:10 am
Accordingly, the court declined to disturb the Board's finding that the Section 21 presumption was overcome, requiring Mrs. [read post]
30 Mar 2016, 4:00 am by The Public Employment Law Press
Relations, 2016 NY Slip Op 02280, Court of AppealsThomas Tierney was employed by the Office of Mental Health [OMH] as a Safety and Security Officer 2 [SSO2], a Salary Grade [SG] 15 position. [read post]