Search for: "Disciplinary Board v. Ward"
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20 Jan 2010, 3:20 am
Violation of employer’s rules results in dismissal from the positionMatter of Ward v Juettner, 63 AD3d 748The Board of Police Commissioners of the Town of Greenburgh conducted a disciplinary hearing and found Town of Greenburgh police officer Erik Ward guilty of violating "three Rules and Regulations" of the Town of Greenburgh Police Department.* The penalty imposed upon Ward: termination from [read post]
17 Mar 2010, 11:47 pm
Violation of employer’s rules results in dismissal from the positionMatter of Ward v Juettner, 63 AD3d 748The Board of Police Commissioners of the Town of Greenburgh conducted a disciplinary hearing and found Town of Greenburgh police officer Erik Ward guilty of violating "three Rules and Regulations" of the Town of Greenburgh Police Department.* The penalty imposed upon Ward: termination from his position.Ward sued in an attempt… [read post]
10 Jun 2009, 3:23 am
Violation of employer's rules results in dismissal from the positionMatter of Ward v Juettner, 2009 NY Slip Op 04432, Decided on June 2, 2009, Appellate Division, Second DepartmentThe Board of Police Commissioners of the Town of Greenburgh conducted a disciplinary hearing and found Town of Greenburgh police officer Erik Ward guilty of violating "three Rules and Regulations" of the Town of Greenburgh Police Department.* The penalty imposed… [read post]
12 Jun 2020, 12:00 am
** Berenhaus v Ward, 70 NY2d 436.*** Pell v Board of Education, 31 NY2d 222.The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_03075.htm________________________A Reasonable Disciplinary Penalty Under the Circumstances Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. [read post]
12 Jun 2020, 4:00 am
** Berenhaus v Ward, 70 NY2d 436.*** Pell v Board of Education, 31 NY2d 222.The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2020/2020_03075.htm________________________A Reasonable Disciplinary Penalty Under the Circumstances Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. [read post]
7 Oct 2015, 4:00 am
Employer directed to reconsider the penalty imposed following the annulment of some, but not all, of the disciplinary charges and specifications filed against the employee Graham v New Hampton Fire Dist., 2015 NY Slip Op 06917, Appellate Division, Second DepartmentThe New Hampton Board of Fire Commissioners adopted, in part and rejected in part the recommendation of a hearing officer, made after a disciplinary hearing and found Daniel Graham, a member of the fire… [read post]
14 Feb 2014, 4:00 am
Assoc. v State Div. of Human Rights, 45 NY2d 176 and other decisions.Quoting from Matter of Berenhaus v Ward, 70 NY2d 436, the Appellate Division explained that in the event there is conflicting evidence or different inferences may be drawn from the evidence, "the duty of weighing the evidence and making the choice rests solely upon the [administrative agency]. [read post]
8 Dec 2021, 7:30 am
As to the penalty imposed, termination, the court said that the penalty of dismissal does not shock the conscience, citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
8 Dec 2021, 7:30 am
As to the penalty imposed, termination, the court said that the penalty of dismissal does not shock the conscience, citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
3 Aug 2018, 4:00 am
The seminal case in New York Stateregarding standards of fairness is the Pell decision [Pell v Board of Education, 34 NY2d 222]. [read post]
6 Apr 2009, 10:07 am
In Ward v. [read post]
21 Apr 2021, 7:30 am
" Noting that "A court may set aside an administrative penalty only if it is so disproportionate to the offense as to be shocking to one's sense of fairness", the Appellate Division opined that "[u]nder the circumstances here, the penalty of termination of the [Plaintiff's] employment was not so disproportionate to the offense committed as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School… [read post]
21 Apr 2021, 7:30 am
" Noting that "A court may set aside an administrative penalty only if it is so disproportionate to the offense as to be shocking to one's sense of fairness", the Appellate Division opined that "[u]nder the circumstances here, the penalty of termination of the [Plaintiff's] employment was not so disproportionate to the offense committed as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School… [read post]
10 Apr 2015, 10:00 am
Citing Berenhaus v Ward, 70 NY2d 436, the Appellate Division said “There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials” and the penalty imposed, termination of the police officer from his position, did not shock the court’s “sense of fairness,” citing Kelly v Safir, 96 NY2d 32.These decisions are posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2015/2015_02963.htm… [read post]
29 Sep 2017, 4:00 am
"Addressing the penalty imposed on the employee by the Commissioner, termination, the Appellate Division applied the so-called "Pell Doctrine," Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
Case preview: Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland)
11 Nov 2014, 7:03 am
They supervised labour wards. [read post]
19 Sep 2011, 3:45 am
In Shurgin a Section 3020-a disciplinary panel imposed a reprimand as the disciplinary penalty. [read post]
24 Jul 2019, 4:00 am
"Accordingly, the Appellate Division rejected Educator’s appeal, explaining that in the event "the evidence is conflicting and room for choice exists," a court may not weigh the evidence or reject the choice made by the arbitrator.* See Powell v Board of Educ. of Westbury Union Free School Dist., 91 AD3d 955, affirmed 30 NY2d 889.** In Matter of Berenhaus v Ward, 70 NY2d 436, the Court of Appeals held that when reviewing §3020-a… [read post]
24 Jul 2019, 4:00 am
"Accordingly, the Appellate Division rejected Educator’s appeal, explaining that in the event "the evidence is conflicting and room for choice exists," a court may not weigh the evidence or reject the choice made by the arbitrator.* See Powell v Board of Educ. of Westbury Union Free School Dist., 91 AD3d 955, affirmed 30 NY2d 889.** In Matter of Berenhaus v Ward, 70 NY2d 436, the Court of Appeals held that when reviewing §3020-a… [read post]
24 Nov 2010, 4:15 am
”The disciplinary hearing officer, Colleen M. [read post]
