Search for: "Kelly v. Employment Division"
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3 Apr 2009, 2:25 am
Kelly and Another v GE Healthcare Ltd Chancery Division “Compensation for employed inventors of inventions of outstanding benefit to the employer should be determined after the event, not before, in accordance with all available evidence so as to secure a just and fair reward to the employee. [read post]
3 Dec 2014, 9:53 am
Kelly v. [read post]
20 Dec 2010, 4:02 am
Kelly terminated NYC Police Officer Michael Bifolco’s employment while Bifolco was serving a disciplinary probationary period. [read post]
27 May 2010, 4:00 am
*The Appellate Division upheld Duncan’s termination, commenting “it was petitioner's post-hiring conduct, in making false and misleading statements to members of the Internal Affairs Bureau (IAB) concerning a crime he was allegedly involved in prior to his employment as a police officer, that provided ample basis for his termination [Duncan v Kelly, 43 A.D.3d 297]. [read post]
24 Oct 2008, 11:01 am
Further, said the court, "the penalty of dismissal from employment does not shock the judicial conscience," citing Matter of Kelly v Safir, 96 NY2d 32.The full text of the decisions is posted on the Internet at:[www.courts.state.ny.us] [read post]
10 May 2019, 7:38 am
As we stated in Kelly [Kelly v. [read post]
29 Mar 2011, 9:00 pm
Matter of Walsh v Kelly, 2010 NY Slip Op 09346, Decided on December 16, 2010,* Appellate Division, First Department New York City Civil Service Commission, after a hearing, affirmed the determination of the New York City Department of Citywide Administrative... [read post]
21 May 2008, 1:43 am
Although the Appellate Division noted that Garnes "was terminable without a hearing and without a statement of the reason for his dismissal," the court, citing York v McGuire, 63 NY2d 760 and Matter of Johnson v Kelly, 33 AD3d 297, said that Garnes failed to demonstrate that his termination was made in bad faith, was unlawful, or was for an impermissible reason. [read post]
5 Jun 2008, 1:25 pm
To download a copy of the Appellate Division's decision, please use this link: Matter of Krute v. [read post]
18 May 2014, 11:21 am
”The Appellate Division sustained the Commissioner’s decision, commenting that under the circumstances “The penalty of termination is not so disproportionate to the offense as to shock the conscience,” citing Kelly v Safir, 96 NY2d 32. [read post]
27 Sep 2013, 5:54 am
The employer is required rebut the statutory presumption that the applicant for accidental disability retirement benefits suffered a World Trade Center-related post-traumatic stress disorder with competent medical evidence Ginther v Kelly, 2013 NY Slip Op 05967, Appellate Division, First Department §13-252.1 of New York City’s Administrative Code, was amended by adding a new provision, §13-252.1[1], the so-called “World Trade… [read post]
6 Jun 2012, 4:00 am
An administrative decision denying an application for accidental disability retirement vacated because of a lack of evidence in the record supporting the determination Baranowski v Kelly, 2012 NY Slip Op 04208, Appellate Division, First Department A New York City police officer filed an Article 78 petition seeking to vacate the denial of his application for accidental disability retirement based on a work-related incident involving his carrying an individual from a… [read post]
30 May 2022, 6:32 pm
Kelly v. [read post]
21 Dec 2010, 4:35 am
Employee may be terminated on the grounds that he or she make a material false statement of his or her application for employmentMatter of Walsh v Kelly, 2010 NY Slip Op 09346, Decided on December 16, 2010,* Appellate Division, First DepartmentNew York City Civil Service Commission, after a hearing, affirmed the determination of the New York City Department of Citywide Administrative Services to disqualify and terminate Gary Walsh as a New York City police officer.The… [read post]
7 Jul 2023, 6:00 am
Decided June 30, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: WHALEN, P.J., SMITH, CURRAN, MONTOUR, AND OGDEN, JJ. 994 TP 22-01050 THE MATTER OF KELLY PHILLIPS, PETITIONER, vNEW YORK STATE DIVISION OF HUMAN RIGHTS AND CITY OF ROCHESTER, RESPONDENTS. [read post]
7 Jul 2023, 6:00 am
Decided June 30, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: WHALEN, P.J., SMITH, CURRAN, MONTOUR, AND OGDEN, JJ. 994 TP 22-01050 THE MATTER OF KELLY PHILLIPS, PETITIONER, vNEW YORK STATE DIVISION OF HUMAN RIGHTS AND CITY OF ROCHESTER, RESPONDENTS. [read post]
27 Dec 2012, 4:00 am
" As to the penalty imposed, dismissal, the court said that it concluded that “the penalty of termination from petitioner's employment is not ‘so disproportionate to the offense[s] as to be shocking to one's sense of fairness,’ and thus does not constitute an abuse of discretion as a matter of law,” citing Kelly v Safir, 96 NY2d 32 [read post]
22 May 2008, 12:41 am
Although the Appellate Division noted that Garnes "was terminable without a hearing and without a statement of the reason for his dismissal," the court, citing York v McGuire, 63 NY2d 760 and Matter of Johnson v Kelly, 35 AD3d 297, said the Garnes failed to demonstrate that his termination was in bad faith, unlawful, or for an impermissible reason. [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]
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]
