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22 Aug 2014, 8:51 am by Stefan Passantino
” Time will tell, but it is not at all clear that the MSRB’s articulated “appearance of corruption” justification will impress our current Supreme Court which expressly announced in McCutcheon v. [read post]
12 Nov 2008, 5:00 am
At 11 a.m, the Court will hear argument in Bell v. [read post]
17 Apr 2014, 4:00 am by The Public Employment Law Press
Statute providing for a “presumption” that a disabling condition was incurred in the performance of duty to be read narrowlyAnonymous v Kelly, 2014 NY Slip Op 02141, Appellate Division, First DepartmentRejection of Anonymous’ application for accidental disability retirement benefits was affirmed by Appellate Division, vacating a ruling by Supreme Court remanding the matter to the Retirement System’s Board of Trustees.The court said that… [read post]
30 Apr 2011, 5:08 am
Court finds Pension Board's failure discontinue the payment of disability retirement benefits obviates the “suspension” of the retiree’s benefits Matter of Seiferheld v Kelly, 2011 NY Slip Op 03309, Court of Appeals New York City police officer James J. [read post]
1 Jul 2011, 8:18 am by Julie Lam
 Justices Marilyn Kelly and Hathaway would grant leave to appeal in Verbrugghe v Select Specialty Hospital-Macomb County, Inc., No. 142458. [read post]
11 Jun 2014, 4:00 am by The Public Employment Law Press
The Appellate Division concurred with the Supreme Court’s ruling noting that “The giving of false statements in the course of an official investigation has been upheld as a ground for dismissal from municipal employment," citing Duncan v Kelly, 43 AD3d 297, affirmed 9 NY3d 1024.As the United States Supreme Court held in Bryson v. [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 burning… [read post]
2 Jul 2012, 4:32 am
Creditable medical evidence trumps presumption that a disease of the heart was incurred in the performance of police officer duties Goodacre v Kelly, 2012 NY Slip Op 05096, Appellate Division, First Department Supreme Court, granted the Article 78 petition filed by a New York City police officer, Charles Goodacre, seeking, among other things, to annul the determination by the Trustees of the Retirement System denying his application for accident disability retirement… [read post]
4 Nov 2009, 9:05 am
Yesterday, the Michigan Supreme Court heard oral argument in Kyser v. [read post]
23 Feb 2016, 2:00 am by The Public Employment Law Press
”Citing Kelly v Safir, 96 NY2d 32, rearg denied 96 NY2d 854, the Appellate Division concluded that the penalty imposed, termination, was not "so disproportionate to the offense[s] as to be shocking to one's sense of fairness" and thus did not constitute an abuse of discretion and dismissed Tamsen’s appeal.The decision is posted on the Internet at: _______________________The Discipline Book - A… [read post]
4 Oct 2017, 12:03 am by John Diekman
  Even if the plaintiff had made an excusable error in identifying the public corporation upon which he was required to serve the notice, he did not proffer any explanation for the additional seven-month delay between the time that he discovered the error and the filing of his application for leave to serve a late notice.Student note:  In determining whether a petitioner should be granted leave to serve a late notice of claim against a public housing authority, the court will… [read post]