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Administrative due process is satisfied if the court finds that the determination is supported by a rational basis, even if the court concludes that it would have reached a different result than the one reached by the agency
3 Jul 2024, 6:00 am by Public Employment Law Press
DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Seeking reimbursement of police training expenses from another jurisdiction
2 Jul 2024, 6:00 am by Public Employment Law Press
DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Seeking reimbursement of police training expenses from another jurisdiction
2 Jul 2024, 6:00 am by Public Employment Law Press
DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Division opines that the penalty of dismissal from employment as a police officer for use of cocaine does not shock the conscience and is not disproportionate to the misconduct
28 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: June 27, 2024Before: Moulton, J.P., Friedman, Kapnick, Shulman, Michael, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Division opines that the penalty of dismissal from employment as a police officer for use of cocaine does not shock the conscience and is not disproportionate to the misconduct
28 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: June 27, 2024Before: Moulton, J.P., Friedman, Kapnick, Shulman, Michael, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Only overtime payments paid pursuant to a comprehensive written overtime plan may be included in determining an eligible employee's pension benefit at the time of his or her retirement
26 Jun 2024, 6:00 am by Public Employment Law Press
Calendar Date:April 25, 2024Before:Egan Jr., J.P., Aarons, Fisher, McShan and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Only overtime payments paid pursuant to a comprehensive written overtime plan may be included in determining an eligible employee's pension benefit at the time of his or her retirement
26 Jun 2024, 6:00 am by Public Employment Law Press
Calendar Date:April 25, 2024Before:Egan Jr., J.P., Aarons, Fisher, McShan and Mackey, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A school's district's providing a per diem substitute paraprofessional educator a reasonable assurance of performing services for the school district in the upcoming academic year is not a guarantee of such employment
24 Jun 2024, 6:00 am by Public Employment Law Press
Pritzker, J.P., Reynolds Fitzgerald, Ceresia and McShan, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A school's district's providing a per diem substitute paraprofessional educator a reasonable assurance of performing services for the school district in the upcoming academic year is not a guarantee of such employment
24 Jun 2024, 6:00 am by Public Employment Law Press
Pritzker, J.P., Reynolds Fitzgerald, Ceresia and McShan, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
Calendar Date:April 30, 2024 Before:Clark, J.P., Aarons, Pritzker, Lynch and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
Calendar Date:April 30, 2024 Before:Clark, J.P., Aarons, Pritzker, Lynch and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
In order to qualify for retirement benefits under Retirement and Social Security Law Article 15, an applicant for such benefits must demonstrate that he or she actually retired from public service employment in the first instance
18 Jun 2024, 6:00 am by Public Employment Law Press
Pritzker, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
In order to qualify for retirement benefits under Retirement and Social Security Law Article 15, an applicant for such benefits must demonstrate that he or she actually retired from public service employment in the first instance
18 Jun 2024, 6:00 am by Public Employment Law Press
Pritzker, J.P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff cited several nonexistent cases in his initial memorandum of law using "legal software applications" that "deploy artificial intelligence" and the Appellate Division cautioned Plaintiff that his pro se status does not excuse his failure to check the legal citations that he offers to a court
14 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: May 30, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill Levy, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff cited several nonexistent cases in his initial memorandum of law using "legal software applications" that "deploy artificial intelligence" and the Appellate Division cautioned Plaintiff that his pro se status does not excuse his failure to check the legal citations that he offers to a court
14 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: May 30, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill Levy, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice
13 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: May 30, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill Levy, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice
13 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: May 30, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill Levy, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
Decided and Entered: May 30, 2024Before: Kern, J.P., Singh, González, Pitt-Burke, Rosado, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/