Search for: "Disciplinary Counsel v. Kelly"
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25 Feb 2023, 12:45 pm
Here, petitioner failed to meet his burden of demonstrating that his termination was in bad faith (see Matter of Che Lin Tsao v Kelly, 28 AD3d 320, 321 [1st Dept 2006]). [read post]
25 Feb 2023, 12:45 pm
Here, petitioner failed to meet his burden of demonstrating that his termination was in bad faith (see Matter of Che Lin Tsao v Kelly, 28 AD3d 320, 321 [1st Dept 2006]). [read post]
13 Jun 2012, 3:32 am
Individual dismissed after being found guilty of stealing from a fellow employee Clinkscales v Kelly, 2012 NY Slip Op 04287, Appellate Division, First Department New York City Police Commissioner Raymond Kelly dismissed a police officer found guilty of disciplinary charges that alleged that the officer had stolen a money order from a fellow officer and deposited it in her bank account. [read post]
4 Nov 2010, 3:45 am
Probably the leading case illustrating this point is Kelly v. [read post]
3 Jul 2012, 3:40 am
The court said that it is well established that courts must uphold the disciplinary penalty imposed by an appointing authority unless, as a law, it is an abuse of discretion, citing Kelly v Safir, 96 NY2d 32. [read post]
3 Aug 2018, 4:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
31 Jan 2011, 4:05 am
Employee’s termination after hearing held in absentia annulled for failure to prove the employee was notified of the time and place of the hearingMatter of Toolasprashad v Kelly, 2011 NY Slip Op 00419, Appellate Division, First DepartmentThe Toolasprashad decision demonstrates that evidence that the accused individual was properly served with the notice a scheduled disciplinary hearing may become a critical element in the proceeding.Rudranu Toolasprashad was… [read post]
14 Oct 2008, 11:15 am
A police force is a semi-military organization and the appointing authority has "great leeway" is determining an appropriate disciplinary penaltyMatter of Smeraldo v Rater, 2008 NY Slip Op 07336, decided on October 3, 2008, Appellate Division, Fourth DepartmentTimothy J. [read post]
23 Apr 2024, 6:00 am
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
23 Apr 2024, 6:00 am
As to the penalty imposed, dismissal from his employment with the New York City police department, the Appellate Division opined that "the penalty of dismissal is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32. [read post]
9 May 2011, 12:05 pm
Indeed, an individual who has been found guilty of criminal conduct cannot be found not guilty of the same offense[s] in a subsequent administrative disciplinary action [see Kelly v Levin, 440 NYS2d 424]. [read post]
18 Oct 2010, 3:00 am
This was the holding in Kelly v. [read post]
29 Jan 2018, 2:51 pm
[The complaint also alleges that Aaron Kelly's Lynd v. [read post]
7 Feb 2018, 12:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
29 Jun 2010, 7:53 am
So held the Michigan Supreme Court in Pellegrino v. [read post]
10 Jun 2019, 4:00 am
Notably, the petitioner did not testify that she had directed any of her aides to specifically supervise the student at the time of the incident.Under these circumstances, substantial evidence supports the determination of the Justice Center that the petitioner committed category three neglect (see Matter of Williams v New York State Justice Ctr. for the Protection of People with Special Needs, 151 AD3d at 1356-1357; see also Matter of Kelly v New York State Justice… [read post]
10 Oct 2014, 4:00 am
As the Court of Appeals said in Duncan v Kelly, 9 N.Y.3d 102, a probationary employee may be discharged for "almost any reason, or for no reason at all" as long as the decision is not made "in bad faith or for an improper or impermissible reason. [read post]
15 May 2015, 5:24 am
Kelly Stewart & Jeffrey L. [read post]
10 Nov 2015, 3:41 am
Office of Disciplinary Counsel) to be applicable only to disclosures in connection with voluntary advertising or product labeling — a position the SEC asserted in it brief “was unprecedented” — it would seem surprising for the SEC to let the panel decision remain without a further challenge. [read post]
6 Nov 2010, 5:54 am
Ultimately the Court of Appeals considered the matter in terms of a court's authority to overturn or modify an administrative disciplinary decision or a disciplinary penalty imposed on a worker [Kelly v Safir, 96 N.Y.2d 32].The Court of Appeals, ruled:1. [read post]
