Search for: "Bigelow v. Denis" Results 1 - 20 of 28
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27 Jun 2018, 3:30 am by Public Employment Law Press
In addition the Appellate Division noted that the Educator failed to acknowledge the gravity of his misconduct, continues to deny wrongdoing, and attempted to shift blame to his students.Considering an employee's personnel history in setting a disciplinary penalty is permitted provided, as the Court of Appeals held in Bigelow v Trustees of the Village of Gouverneur, 63 NY2d 470 and Doyle v Ten Broeck, 52 NY2d 625, the individual is advised that this will be… [read post]
5 Apr 2010, 12:15 am
Not preserving records that an employee claims might help in defending disciplinary charges filed against the individual may not be a fatal defectThomas v Mt. [read post]
17 Dec 2014, 3:16 pm by Kenneth J. Vanko
As long as the fact of damages is certain, there is nothing wrong with speculating as to amount.BigelowThe second case, Bigelow v. [read post]
29 Apr 2011, 3:53 am
Thomas argued that although the commissioner considered her prior disciplinary record, he failed to comply with the procedures set out by the Court of Appeals in Bigelow v Village of Gouverneur (63 NY2d 470) in such situations. [read post]
25 Feb 2016, 4:00 am by The Public Employment Law Press
In Scott v Wetzler, 195 AD2d 905, the court rejected Scott’s argument that he was denied due process because the Section 75 hearing officer allowed evidence concerning his performance evaluations to be introduced during the disciplinary hearing. [read post]
28 Oct 2009, 5:44 pm
But the trial court denied the motion for class certification for lack of an ascertainable class (which the Court of Appeal correctly held wasn't the case) as well as failure to establish commonality. [read post]
17 Oct 2019, 12:49 pm
  So you just know it's going to be overlitigated compared to the economic value of the dispute in question.Perhaps even more so when, as here, the next door neighbors live in Brentwood.Hence why Justice Bigelow begins the opinion by saying "In this acrimonious dispute between neighbors . . . . [read post]
24 Jul 2017, 6:52 am
’In denying the defendant's motion for a required finding of not guilty, the judge ruled that `there was clear evidence to establish that these were true threats rather than protected speech under the First Amendment,’ and, therefore, there was sufficient evidence to allow a jury to determine each element of the stalking statute was met.Commonwealth v. [read post]
9 May 2011, 12:05 pm
Similarly, in Bigelow v Village of Gouverneur, 63 NY2d 470, the Court of Appeals said that such records could be used to determine the penalty to be imposed if: 1. [read post]