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24 Jun 2009, 3:09 am
Rubinstein*NYPPL Comments: Essentially the "Pickering Balancing Test" [Pickering v Board of Education, 391 US 563] requires the court's consideration of the following:1. [read post]
21 Jun 2009, 4:42 pm
In Kitzmiller v. [read post]
19 Jun 2009, 12:15 am
School Board of Collier County, Florida, (MD FL, filed 6/17/2009), alleges that Board policy permits non-profit groups to make flyers available to students to promote cultural, community, charitable, recreational, and education-related activities. [read post]
18 Jun 2009, 4:15 am
"In so ruling, the Court of Appeals specifically noted that there is "no provision in either the Civil Service Law or the Ontario County Civil Service Rules prohibiting simultaneous leaves of absence from two positions. [read post]
16 Jun 2009, 4:00 am
The Commissioner of Education with respect to employments in positions in the unclassified service of a school district [other than the city of New York], a BOCES or a county vocational education and extension board;b. [read post]
12 Jun 2009, 4:15 am
Board of Educ. for Mexico Cent. [read post]
11 Jun 2009, 5:54 am
Graham County Bd. of Educ., 2009 N.C. [read post]
10 Jun 2009, 3:23 am
"Here, said the court, there was substantial evidence supporting the Board determination that Ward had violated three Rules and Regulations of the Police Department as charged.Addressing the penalty imposed by the Police Commissioners, the Appellate Division said that the penalty imposed - dismissal -- was not so disproportionate to the offenses that Ward was found to have committed "as to be shocking to one's sense of fairness," citing a number of decisions including… [read post]
9 Jun 2009, 5:53 am
And after Brown v. [read post]
5 Jun 2009, 4:23 am
"Although Judge Schlesinger indicated that the Board of Education has a certain amount of discretion in determining whether to hire a teacher, she ruled that "the decision must be annulled where, as here, it is arbitrary and capricious and fails to properly consider all the factors required by law. [read post]
2 Jun 2009, 4:18 am
Processing of an administrative appeal does not toll the running of a statute of limitationsMatter of Yolanda Strong v New York City Dept. of Educ., 2009 NY Slip Op 04114, decided on May 26, 2009, Appellate Division, First DepartmentState Supreme Court, New York County, Leland G. [read post]
29 May 2009, 4:12 am
Further, "in reviewing a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the facts as alleged in the complaint must be accepted as true, the plaintiff is accorded the benefit of every possible favorable inference, and the court's function is to determine only whether the facts as alleged fit within any cognizable legal theory" (Kupersmith [*2]v Winged Foot Golf Club, Inc., 38 AD3d 847, 848; see Leon v… [read post]
27 May 2009, 10:51 am
Erickson, 393 U.S. 385 (1969) and Washington v. [read post]
26 May 2009, 5:34 pm
(See Baker v. [read post]
21 May 2009, 4:05 am
Appointing authority's final determination as whether or not to take disciplinary action against an employee controlsRosenblum v New York City Conflicts of Interest Board, 2009 NY Slip Op 31073(U), April 29, 2009, Supreme Court, New York County, Docket Number: 101121/09, Judge Jane S. [read post]
20 May 2009, 2:08 pm
In Board of Regents of University of Wisconsin System v. [read post]
15 May 2009, 7:49 am
Wallingford Board of Education, 195 F.3d 134 (2d Cir. 1999), is perhaps her most strongly worded opinion addressing discrimination. [read post]
7 May 2009, 4:15 am
[see New York City Department of Education v Halpin, OATH Index #818/07]. [read post]
3 May 2009, 6:04 pm
Anthony Alfieri's "Litigation and Legislative Update" summarized Spencer v. [read post]
2 May 2009, 3:25 pm
In Gold v. [read post]
