Search for: "Kelly v. City of New York" Results 161 - 180 of 370
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25 Nov 2013, 4:00 am by The Public Employment Law Press
Pension Board's ignoring a long-standing interpretation of law addressing eligibility for certain retirement benefits ruled arbitrary and capricious Richter v Kelly, 2013 NY Slip Op 07803, Appellate Division, First DepartmentThe New York City Police Pension Fund's Medical Board examined an applicant for Accidental Disability Retirement [ADR], a police surgeon, and certified that this disability was the result of an accidental injury received in… [read post]
30 Apr 2011, 5:08 am
Court finds Pension Board's failure discontinue the payment of disability retirement benefits obviates the “suspension” of the retiree’s benefits Matter of Seiferheld v Kelly, 2011 NY Slip Op 03309, Court of Appeals New York City police officer James J. [read post]
20 Oct 2021, 3:00 am by Public Employment Law Press
Citing Matter of Verma v Department of Educ. of the City of N.Y., 192 AD3d 616, the Appellate Division observed that "a probationary employee may be terminated without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith. [read post]
20 Oct 2021, 3:00 am by Public Employment Law Press
Citing Matter of Verma v Department of Educ. of the City of N.Y., 192 AD3d 616, the Appellate Division observed that "a probationary employee may be terminated without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith. [read post]
10 Apr 2015, 10:00 am by The Public Employment Law Press
As to the penalty imposed, dismissal, the Appellate Division said that the penalty did not constitute an abuse of discretion as a matter of law “as it was not so disproportionate to the offenses as to be shocking to one's sense of fairness,” citing Kreisler v NYC Transit Authority, 2 NY3d 775.Similarly, the Appellate Division affirmed a decision of the New York City Commissioner of Police that found a New York City… [read post]
30 Jul 2007, 2:18 am
New York City Board of Elections Subscription Required NEW YORK COUNTY Criminal Practice Defendant's Statements Denied Preclusion Or Suppression; Not Applicable Under CPL §60.45(2) People v. [read post]
1 Mar 2017, 4:00 am by The Public Employment Law Press
An administrative disciplinary hearing,  in whole or in part, may be closed to the public under certain, and limited, circumstances  2017 NY Slip Op 01473, Appellate Division, First DepartmentAlthough an administrative disciplinary hearing typically is open to the public, there are limited exceptions to this general rule as is demonstrated by this decision by the Appellate Division, First Department.A New York City police officer was alleged to have engaged in… [read post]
5 Mar 2024, 6:00 am by Public Employment Law Press
The Board of Trustees of the New York City Police Pension Fund, Article II, [Trustees] rejected Petitioner's application for an accidental disability retirement [ADR] and approved Petitioner for an ordinary disability retirement [ODR] retirement benefit by a tie-vote. [read post]
5 Mar 2024, 6:00 am by Public Employment Law Press
The Board of Trustees of the New York City Police Pension Fund, Article II, [Trustees] rejected Petitioner's application for an accidental disability retirement [ADR] and approved Petitioner for an ordinary disability retirement [ODR] retirement benefit by a tie-vote. [read post]
26 Mar 2011, 5:07 pm
Government Law, Property Law & Real Estate In the Matter of Mercedes Casado, No. 32 In a challenge to the validity of two orders of the New York City Rent Guidelines Board (RGB) making a distinction between low-rent apartments in which there has been no recent vacancy and other apartments, allowing larger rent increases for the former, judgment of trial court is reversed where the RGB has the power to make such distinction. [read post]
31 Jan 2011, 4:05 am
”The court also called attention to the Rules of City of New York Police Department (38 RCNY) §15-03 which, in pertinent part, required that "[s]ervice of the Charges and Specifications shall be made in a manner reasonably calculated to achieve actual notice to the respondent" and that "[a]ppropriate proof of service shall be required. [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
As this post will attempt to illustrate, there are many types of employments and appointment procedures available to the State as an employer, to a political subdivision of the State or to a New York State public benefit corporation with respect to appointing or employing an individual.* Essentially the workforce in New York State consists of individuals eligible to be lawfully employed[2],that are employed, and individuals unemployed but seeking employment. [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
As this post will attempt to illustrate, there are many types of employments and appointment procedures available to the State as an employer, to a political subdivision of the State or to a New York State public benefit corporation with respect to appointing or employing an individual.* Essentially the workforce in New York State consists of individuals eligible to be lawfully employed[2],that are employed, and individuals unemployed but seeking employment. [read post]
15 Apr 2008, 3:36 am
Plaintiffs also failed to raise an issue of fact regarding notice of the condition, since their sole opposition was hearsay (see Wertheimer v New York Prop. [read post]
21 Jul 2014, 8:00 am by The Public Employment Law Press
Disciplinary arbitration award remanded for reconsideration of the appropriate penalty to be imposed for a second timeSocial Services Employees Union v City of New York, 2014 NY Slip Op 04120, Appellate Division, First Department In 2009 Supreme Court, New York County granted the Social Services Employees Union’s [Union] petition to confirm a disciplinary arbitration award that reinstated its member [Employee] to his former position and… [read post]
3 Feb 2021, 9:00 am by Public Employment Law Press
The Appellate Division, observing that Plaintiff had the opportunity to submit a written rebuttal, opined that this opportunity sufficed "as a remote method of appearing before the Chief Administrative Law Judge, and is allowed for by OATH's own rules," citing  Matter of Thornton v New York City Dept. of Educ., 167 AD3d 444. [read post]