Search for: "Herring v. Coughlin" Results 1 - 20 of 83
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23 Jun 2023, 9:30 am by Matthew L.M. Fletcher
I began to focus on the constitutional defense of ICWA intensely after a 2013 Supreme Court decision, Adoptive Couple v. [read post]
27 Jul 2011, 3:58 am
Appointing authority threatening to do what it has a legal right to do is not “coercion”Rychlick v Coughlin, 63 NY2d 643 Suppose an employee entitled to pre-termination “notice and hearing” is told that unless he or she immediately resigns from his or her position, he or she will be served with disciplinary charges. [read post]
22 Nov 2014, 2:01 pm
In Jones-Ledbetter v Biltmore Auto Sales, Inc. the plaintiff filed an action basing venue on her residence in Bronx County, a mere three months after moving to Bronx County from Westchester County. [read post]
18 Feb 2010, 4:52 am
An individual may not withdraw or rescind his or her resignation without the consent of the appointing authorityMatter of Lewis v State Univ. of N.Y. [read post]
7 Apr 2014, 4:00 am by The Public Employment Law Press
" * In Rychlick v Coughlin, 63 NY2d 643, the court said that the threat to file formal disciplinary charges if the employee did not resign does not constitute duress as it is not duress to threaten to do what one has the legal right to do.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2014/2014_01905.htm===================The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. [read post]
13 Mar 2009, 4:15 am
An individual may not withdraw or rescind his or her resignation without the consent of the appointing authorityMatter of Lewis v State Univ. of N.Y. [read post]
26 Jul 2018, 4:00 am by Public Employment Law Press
In the Matter of the Arbitration between Unit 8251, Local 842, CSEA v City of Troy, the basic issue was the effect of an employee's pre-arbitration resignation on his or her right to demand arbitration. [read post]
1 Nov 2016, 3:30 am by The Public Employment Law Press
In Rychlick v Coughlin, 63 NY2d 643, a case challenging an appointing authority's demand that an employee resign from the position or be served with  disciplinary charges, the Court of Appeals ruled that threatening to do what the appointing authority had a right to do -- file disciplinary charges against the employee -- did not constitute coercion so as to make the resignation involuntary.New York’s Court of Appeals has also addressed the question of using an… [read post]
20 May 2013, 4:41 am
" In contrast, the Appellate Division, citing Rychlick v Coughlin, 99 AD2d 863, affd. 63 NY2d 643, explained that "it has consistently been held that a threat to do that which one has the legal right to do does not constitute duress. [read post]
15 Jun 2023, 12:32 pm by Ronald Mann
ShareOn Thursday in Lac du Flambeau Band of Lake Superior Chippewa Indians v. [read post]
23 May 2008, 1:41 am
As the Court of Appeals ruled in Rychlick v Coughlin, 63 NY2d 643, court pointed out that threatening to do what the appointing authority had a right to do -- file disciplinary charges -- did not constitute coercion so as to make the resignation involuntary. [read post]
18 Aug 2014, 4:00 am by The Public Employment Law Press
In Rychlick v Coughlin, 63 NY2d 643, the employee was told that if he did not submit his resignation immediately he would be served with disciplinary charges. [read post]
4 Nov 2010, 3:36 am
The Appellate Division noted that the police commissioner’s determination was supported by substantial evidence, including Miller’s own admission that he knocked down the individual’s door and assaulted her.However, Miller complained that the determination was based on a tape recording by the individual rather than her giving her personally testifying in the presence of the hearing officer.The Appellate Division ruled that the tape-recorded evidence, which was… [read post]
12 Mar 2019, 4:00 am by Public Employment Law Press
** In Tulloch v Coughlin, 50 F.3d 114, the US Circuit Court of Appeals, Second Circuit, considered the differences between “absolute immunity” and “qualified immunity. [read post]
12 Mar 2019, 4:00 am by Public Employment Law Press
** In Tulloch v Coughlin, 50 F.3d 114, the US Circuit Court of Appeals, Second Circuit, considered the differences between “absolute immunity” and “qualified immunity. [read post]
6 Mar 2008, 4:47 am
Curlin is very different from Coughlin, Conklin and Hamlin, as different as are the ordinary words 'poplin' and 'gremlin' noted by applicant. [read post]
14 Sep 2017, 4:00 am by The Public Employment Law Press
Further, in Graham v Coughlin, 72 NY2d 1014, the Court of Appeals upheld the removal of a state correction officer following his conviction of a felony under federal law. [read post]