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3 Mar 2011, 3:40 am
Analyzing out-of-title work grievances determinationsSteen v Governor’s Office of Employee Relations, 271 AD2d 738Resolving out-of-title work disputes is not something courts typically do.As the Appellate Division, citing Cove v Sise, 71 NY2d 910, noted in deciding the Steen case: “it is well settled that [a]dministrative determinations concerning position classifications are ... subject to only limited judicial review, and will not be disturbed in the… [read post]
1 Apr 2021, 4:00 am by Public Employment Law Press
The Appellate Division, citing Cove v Sise, 71 NY2d 910, observed "Administrative determinations concerning position classifications are of course subject to only limited judicial review, and will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis" and rejected Plaintiffs' argument that DOCCS failed to present evidence of the need for this new position classification. [read post]
1 Apr 2021, 4:00 am by Public Employment Law Press
The Appellate Division, citing Cove v Sise, 71 NY2d 910, observed "Administrative determinations concerning position classifications are of course subject to only limited judicial review, and will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis" and rejected Plaintiffs' argument that DOCCS failed to present evidence of the need for this new position classification. [read post]
17 Sep 2021, 7:30 am by Public Employment Law Press
The Appellate Division, noting that to prevail PEF bore the burden of demonstrating that the Commission "erred in its job classification determinations," said that decisions of the Commission are "subject to limited judicial review and will not be disturbed absent a showing that [they were] wholly arbitrary or without a rational basis", citing Cove v Sise, 71 NY2d 910. [read post]
17 Sep 2021, 7:30 am by Public Employment Law Press
The Appellate Division, noting that to prevail PEF bore the burden of demonstrating that the Commission "erred in its job classification determinations," said that decisions of the Commission are "subject to limited judicial review and will not be disturbed absent a showing that [they were] wholly arbitrary or without a rational basis", citing Cove v Sise, 71 NY2d 910. [read post]
25 Feb 2010, 3:15 am
"The Court noted that "[a]dministrative determinations concerning position classifications are . . . subject to only limited judicial review, and will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis," citing Cove v Sise, 71 NY2d 910.In this instance, said the Court, the Division demonstrated a rational basis for adding Tier III hearing duties to the civil service titles at issue as follows:Before… [read post]
25 Feb 2009, 4:30 am
"The Court noted that "[a]dministrative determinations concerning position classifications are . . . subject to only limited judicial review, and will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis," citing Cove v Sise, 71 NY2d 910.In this instance, said the Court, the Division demonstrated a rational basis for adding Tier III hearing duties to the civil service titles at issue as follows:Before… [read post]
18 Apr 2011, 4:56 am
” Finally, the court said that “[a]dministrative determinations concerning position classifications ... will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis”, citing Cove v Sise, 71 NY2d 910, 912. * In such cases the position is typically “red-lined” or “earmarked” for allocation upon its becoming vacant. . [read post]