Search for: "Herring v. Coughlin"
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12 May 2022, 10:17 am
Federal Courts Bulletinhttps://www.narf.org/nill/bulletins/federal/2022.html In re Coughlin (Tribal Sovereign Immunity) Cherokee Nation v. [read post]
10 Jun 2020, 4:00 am
"The Circuit Court vacated the district court's judgment and remanded the matter to the lower court for further proceedings.In Rychlick v Coughlin, 99 A.D.2d 863, aff'd 63 NY2d 643, the Appellate Division opined that threatening to do what the appointing authority has a right to do – in this instance filing disciplinary charges against Rychlick if he refused to resign from his position -- did not constitute coercion so as to make… [read post]
10 Jun 2020, 4:00 am
"The Circuit Court vacated the district court's judgment and remanded the matter to the lower court for further proceedings.In Rychlick v Coughlin, 99 A.D.2d 863, aff'd 63 NY2d 643, the Appellate Division opined that threatening to do what the appointing authority has a right to do – in this instance filing disciplinary charges against Rychlick if he refused to resign from his position -- did not constitute coercion so as to make… [read post]
4 Jan 2021, 5:34 am
Coughlin, 58 F.3d 865 (2d Cir. 1995). [read post]
3 Mar 2011, 3:49 am
PBA appealed her termination and demanded arbitration. [read post]
31 Mar 2023, 6:00 am
Coughlin & Gerhart, LLP, Binghamton, NY (Paul J. [read post]
31 Mar 2023, 6:00 am
Coughlin & Gerhart, LLP, Binghamton, NY (Paul J. [read post]
16 Nov 2023, 6:00 am
The Appellate Division affirmed the lower court's ruling, opining although "Public Officers Law §17(3)(a) provides that the State shall indemnify its employees for a judgment or settlement provided that the act or omission which was the subject of the judgment or settlement occurred while the employee was acting within the scope of his [or her] public employment or duties," that duty does not extend to cases in which "the injury or damage resulted from intentional… [read post]
16 Nov 2023, 6:00 am
The Appellate Division affirmed the lower court's ruling, opining although "Public Officers Law §17(3)(a) provides that the State shall indemnify its employees for a judgment or settlement provided that the act or omission which was the subject of the judgment or settlement occurred while the employee was acting within the scope of his [or her] public employment or duties," that duty does not extend to cases in which "the injury or damage resulted from intentional… [read post]
27 May 2015, 6:00 am
(see CPLR 217[1]; see also Matter of Biondo v New York State Bd. of Parole, 60 NY2d 832, 834 [1983]). [read post]
25 May 2010, 4:17 am
Employee’s resignation rescinded based on Supreme Court's finding that it was coercedMiller v New York City Dept. of Education, 2010 NY Slip Op 31210(U), May 11, 2010, Supreme Court, New York County, Judge Jane S. [read post]
3 Feb 2010, 4:15 pm
Zargary v. [read post]
10 Mar 2010, 4:11 am
”In Wilson v Jackson, 555 NYS2d 429, a Section 75 disciplinary action was discontinued when Wilson, who was represented by counsel at the time, agreed to a stipulation of settlement which, in part, provided that she waived her rights to any hearing concerning allegations that she violated any of the provisions of the stipulation. [read post]
21 Dec 2017, 5:00 am
C.S.A. 5930, in the case of Davis v. [read post]
23 Aug 2012, 3:00 am
” NYPPL Comment: On the issue of coercion in connection with an appointing authority’s threatening disciplinary action if the employee does not resign from his or her position, the Court of Appeals has held that threatening to do what the appointing authority had a right to do -- i.e., file disciplinary charges -- did not constitute coercion so as to make the resignation involuntary [Rychlick v Coughlin, 63 NY2d 643]. [read post]
7 Apr 2011, 3:48 am
The Court of Appeals addressed this question in Rychlick v Coughlin, 63 NY2d 643. [read post]
19 Apr 2011, 3:27 am
Citing Griffin v Coughlin, 88 NY2d 674, the Appellate Division pointed out that “[t]here is no firmer or more settled principle of Establishment Clause jurisprudence than that prohibiting the use of the State’s power to force one to profess a religious belief. [read post]
15 Jan 2009, 4:10 am
"Sometimes a resignation is claimed to have been coerced from an employee or obtained from the employee under duress.The courts have concluded that where an appointing authority has the right, if not the duty, to take disciplinary action against an individual, "it was not duress to threaten to do what one had the legal right to do" [see Rychlick v Coughlin, 63 NY2d 643]. [read post]
9 Aug 2010, 4:00 am
This was demonstrated in the Appellate Division’s ruling in Taylor v Cass, 505 NYS2d 929. [read post]
17 Jul 2017, 4:00 am
Identification of the records demanded.Noting that Kirsch and Starvaggi had "reasonably described" the requested emails thus enabling the Board to identify and produce the records, the Appellate Division, citing Konigsberg v Coughlin, 68 NY2d 245, held that the Board "cannot evade the broad disclosure provisions of [the] statute . . . upon the naked allegation that the request will require review of thousands of records. [read post]
