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Ron McGuire: To Be Impoverished By Fighting The Good Fight
7 Jan 2016, 5:24 am by SHG
Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
Simple Justice - http://blog.simplejustice.us
Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearing
7 Jan 2016, 4:00 am by The Public Employment Law Press
Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearingFaisal v New York State Dept. of Motor Vehs., 2015 NY Slip Op 09431, Appellate DivisionMuhammad Faisal brought an Article 78 action to review a determination of the New York State Department of Motor Vehicles Appeals Board confirming a determination of an administrative law judge [ALJ]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
E369 1. Recent Cases:Person Living in Home as Guest Could Be Household Member Under Domestic Violence Act. 2. Unsigned Confession Can Be Used to Refresh Witness During Trial. 3. 2011 Update Wills and Estate Planning- Free Lunch & Law Seminar. 4. Welcome Summer Law Students. 5. If You Are Hurt in an Accident, We Can Help.Motion to Suppress Granted When Police Did Not Obtain Telephonic Search Warrant for Car. NJ
6 Jan 2016, 6:27 am by Kenneth Vercammen Esq. Edison
He received his B.S. at John Jay College of Criminal Justice, CUNY, New York, NY and has obtained ALS Legal Certification. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Terminated after a disciplinary hearing, employee’s Article 78 petition dismissed because he failed to file timely Education Law §3813(1) notice of claim
6 Jan 2016, 4:00 am by The Public Employment Law Press
Servs. of Nassau County, 2015 NY Slip Op 09284, Appellate Division, Second Department The Board of Cooperative Educational Services of Nassau County [BOCES] filed disciplinary charges against one of its employees, Lucky Idolor. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Hammond’s Sentence: Just A Banal Miscarriage of Justice
5 Jan 2016, 4:06 am by SHG
  Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
Simple Justice - http://blog.simplejustice.us
The employee’s testimony at the hearing differed from statements he gave during an investigative raised a question of credibility for the hearing officer to resolve
4 Jan 2016, 4:00 am by The Public Employment Law Press
Accordingly, said the Appellate Division, the administrative decision was based on the hearing officer's credibility findings which are entitled to deference.Further, the Appellate Division noted that “an administrative tribunal can rely upon credible hearsay evidence to reach its determination,” citing Muldrow v NYS Dept. of Correction and Community Supervision, 110 AD3d 425.Citing Kelly v Safir, 96 NY2d 32, the court then found that dismissing… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Improper, immoral and insubordinate behavior “on-the-job” may constitute disqualifying misconduct for the purposes an individual’s eligibility for unemployment insurance benefits
30 Dec 2015, 4:00 am by The Public Employment Law Press
”The Appellate Division reversed the Board's determination and remanded the matter to it "for further" proceedings not inconsistent with this Court's decision. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Tenured teacher dismissed after being found incompetent and ineffective following a disciplinary hearing held pursuant to Education Law §3020-a
23 Dec 2015, 7:00 am by The Public Employment Law Press
., 2015 NY Slip Op 09193, Appellate Division, First DepartmentSupreme Court, New York County dismissed Lisa Reed's the petition seeking to vacate and, or, modify the opinion and award that resulted in the termination of Reed’s employment as a tenured teacher with the New York City Department of Education. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Tests applied by courts in determining if a public officer should be removed from his or her office pursuant to §36 of the Public Officers Law
22 Dec 2015, 7:30 am by The Public Employment Law Press
Tests applied by courts in determining if a public officer should be removed from his or her office pursuant to §36 of the Public Officers LawHayes v Avitabile, 2015 NY Slip Op 08693, Appellate Division, Third DepartmentGary R. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
On December 21, 2015, Governor Andrew M. Cuomo announced appointments to the executive chamber and various state departments and agencies
21 Dec 2015, 1:25 pm by The Public Employment Law Press
Prior to joining the administration, Barbara served for nine years at the U.S. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An individual who refused to report for appropriate light duty denied General Municipal Law §207-c disability benefits effective on and after the date of such refusal
21 Dec 2015, 4:00 am by The Public Employment Law Press
Farina then filed a petition pursuant to CPLR Article 78 seeking a court order annulling the hearing officer's determination and the restoration of the leave time he was charged while he was out of work due to the injuries he sustained.The Appellate Division noted that the standard of review of an administrative determination made after a hearing is limited to considering whether the determination was supported by substantial evidence and the test of whether the… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The aggrieved employee has the burden of proving that his or her employee organization’s action, or inaction, breached its “Duty of Fair Representation”
18 Dec 2015, 8:30 am by The Public Employment Law Press
Following a hearing, a PERB Administrative Law Judge [ALJ] dismissed the charge. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Has The Crime Lab Fiasco Been Fixed?
17 Dec 2015, 4:30 am by SHG
Copyright © 2015 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
Simple Justice - http://blog.simplejustice.us
The statute of limitations for an Article 78 action begins to run once the administrative agency's final position concerning the issue becomes “readily ascertainable”
16 Dec 2015, 4:00 am by The Public Employment Law Press
Courts have ruled that such a challenged determination becomes final and binding when two requirements are met: [1] completeness or finality of the determination and [2] the exhaustion of administrative remedies available to the complaining party. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
United States Supreme Court to Address the Theory of “Implied Certification” under the False Claims Act
15 Dec 2015, 11:18 am by Steven Boutwell
  Failure to comply with the conditions of participation, under the implied certification theory, could result in treble damages and penalties for false claims under the FCA, not just state administrative sanctions. [read post]
Louisiana Law Blog - http://www.louisianalawblog.com/
Courts must defer to an agency's interpretation of its own regulations in its area of expertise
11 Dec 2015, 4:00 am by The Public Employment Law Press
Supreme Court dismissed Abramoski’s various motions and petitions concerning such benefits and she appealed.The Appellate Division affirmed the Supreme Court rejection of Abramoski’s claims, explaining that a court's review of an administrative determination such as the one at issue in this action is limited to whether the determination was arbitrary and capricious, lacked a rational basis or was affected by an error of law. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Once the appointing authority of an employee in the classified service has received his or her resignation, the resignation may not be withdrawn or rescinded without the approval of the appointing authority
8 Dec 2015, 4:00 am by The Public Employment Law Press
., 2015 NY Slip Op 08683, Appellate Division, Third DepartmentWhile employed as a Criminal Justice Program Representative 1 by the Division of Criminal Justice Services (DCJS) Thomas C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Reimbursement of improperly withheld GML §207-c benefits
7 Dec 2015, 4:00 am by The Public Employment Law Press
Further, where, as is here the case, there was no negotiated §207-c administrative procedure in place, the municipality may, but is not obligated to, use the procedures set forth in Civil Service Law §75 as a means to discontinuing the statutory benefit. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The dismissal of a probationary employee will not survive judicial review if the court finds that it was made in bad faith, for a constitutionally impermissible purpose, or in violation of the law
4 Dec 2015, 4:00 am by The Public Employment Law Press
However the court said that Rieser did not raise this issue at his administrative hearing and thus it was not preserved for the purposes of appeal. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
When “Suspected” Is Close Enough (Update)
4 Dec 2015, 3:26 am by SHG
Bush administration backed the terrorist-list bill in 2007. [read post]
Simple Justice - http://blog.simplejustice.us