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10 May 2024, 6:00 am by Public Employment Law Press
"Outside of these narrowly circumscribed exceptions, courts lack authority to review arbitral decisions, even where 'an arbitrator has made an error of law or fact' " (Kowaleski, 16 NY3d at 91, quoting Falzone, 15 NY3d at 534; see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"Outside of these narrowly circumscribed exceptions, courts lack authority to review arbitral decisions, even where 'an arbitrator has made an error of law or fact' " (Kowaleski, 16 NY3d at 91, quoting Falzone, 15 NY3d at 534; see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, 79 [2003]). [read post]
18 Jul 2023, 6:00 am by Public Employment Law Press
Tenure by Estoppel "The Legislature designed the tenure system 'to foster academic freedom in our schools and to protect competent teachers from the abuses they might be subjected to if they could be dismissed at the whim of their supervisors'" (Matter of Berrios v Board of Educ. of Yonkers City School Dist., 87 AD3d 329, 331, quoting Ricca v Board of Educ. of City School Dist. of City of N.Y., 47 NY2d 385, 391). [read post]
18 Jul 2023, 6:00 am by Public Employment Law Press
Tenure by Estoppel "The Legislature designed the tenure system 'to foster academic freedom in our schools and to protect competent teachers from the abuses they might be subjected to if they could be dismissed at the whim of their supervisors'" (Matter of Berrios v Board of Educ. of Yonkers City School Dist., 87 AD3d 329, 331, quoting Ricca v Board of Educ. of City School Dist. of City of N.Y., 47 NY2d 385, 391). [read post]
13 Dec 2007, 10:16 am
Theatres, 23 AD2d 378, 379; see Salzano v City of New York, 22 AD2d 656). [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The State's immunity waiver applies equally to its municipal subdivisions, including cities (see Valdez v City of New York, 18 NY3d 69, 75 [2011]; Florence v Goldberg, 44 NY2d 189, 195 [1978]). [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The State's immunity waiver applies equally to its municipal subdivisions, including cities (see Valdez v City of New York, 18 NY3d 69, 75 [2011]; Florence v Goldberg, 44 NY2d 189, 195 [1978]). [read post]
30 Sep 2015, 1:39 pm by Harold O'Grady
On April 21, 1896, the Court of Appeals of New York in People v Barberi, 149 N.Y. 256 (available on Westlaw Next at this link) ruled that the judgment of conviction should be reversed and a new trial granted. [read post]
” In In re Goldberg v. 954 Marcy Corp., 276 N.Y. 313, 316, 319, 12 N.E.2d 311, 312-13 (1938), the New York Court of Appeals interpreted “occupational disease” to refer to diseases “resulting from the ordinary and generally recognized risks incident to a particular employment,” as opposed to diseases “resulting from the general risks and hazards common to” everyone. [read post]