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10 Feb 2010, 3:40 am
Corp. v Fitzgerald, 49 AD3d 747.Further, said the court, "[C]ourts are obligated to give deference to the decision of the arbitrator … This is true even if the arbitrator misapplied the substantive law in the area of the contract. [read post]
4 May 2009, 9:03 pm
Matter of Kowaleski v New York State Dept. of Correctional Servs., 2009 NY Slip Op 02515, decided on April 2, 2009, Appellate Division, Third Department NYS Correction Officer Barabara Kowaleski was served with a notice of discipline charging her with... [read post]
22 Mar 2010, 9:00 pm by Adjunct LawProfs
Matter of Kowaleski v New York State Dept. of Correctional Servs., 61 AD3d 1081 NYS Correction Officer Barbara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of... [read post]
7 Apr 2009, 4:57 am
Disciplinary arbitrator has jurisdiction to hear a defense based on CSL §75-b, the Whistle Blower statuteMatter of Kowaleski v New York State Dept. of Correctional Servs., 2009 NY Slip Op 02515, decided on April 2, 2009, Appellate Division, Third DepartmentNYS Correction Officer Barabara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of her conduct on three separate… [read post]
23 Dec 2010, 4:36 am
Arbitrator’s refusal to hear employee’s “whistle blower” defense in the course of disciplinary hearing requires the vacating of the awardMatter of Kowaleski v New York State Dept. of Correctional Servs., 2010 NY Slip Op 09379, Decided on December 21, 2010, Court of AppealsBarbara Kowaleski, a correction officer employed by the New York State Department of Corrections, was served with disciplinary charges alleging that she violated provisions of the… [read post]
18 Aug 2014, 8:41 am
Category: Recent Decisions;Property Law Opinions Body: AP34612 - NPC Offices, LLC v. [read post]
1 Apr 2022, 5:00 am by Public Employment Law Press
" Such actions may constitute adverse personnel action within the meaning of §75-b in the same way that the State Human Rights Law has been found to cover certain violations of the State Human Rights Law, citing Beckett v Prudential Ins. [read post]
1 Apr 2022, 5:00 am by Public Employment Law Press
" Such actions may constitute adverse personnel action within the meaning of §75-b in the same way that the State Human Rights Law has been found to cover certain violations of the State Human Rights Law, citing Beckett v Prudential Ins. [read post]
22 Dec 2010, 1:48 pm by Kevin Sheerin
" The arbitrator found Kowaleski guilty of two of the three charges and determined that termination was appropriate and Kowaleski filed a petition pursuant to Article 75 of the CPLR seeking to have the award vacated. [read post]
28 Jun 2016, 4:30 am by The Public Employment Law Press
”* In Kowaleski v New York State Dept. of Correctional Servs., 16 NY3d 85, the Court of Appeals held that an arbitrator’s refusal to hear an employee’s “whistle blower” defense in the course of disciplinary hearing required the vacating of the award.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_04807.htm [read post]
21 Jul 2020, 4:00 am by Public Employment Law Press
" Tthe court pointed out that in New York State Correctional Officers and Police Benevolent Association v State of New York, 94 NY2d 321, the Court of Appeals stated that "courts will not assume the role of overseers to conform the award to their sense of justice. [read post]
21 Jul 2020, 12:00 am by Public Employment Law Press
" Tthe court pointed out that in New York State Correctional Officers and Police Benevolent Association v State of New York, 94 NY2d 321, the Court of Appeals stated that "courts will not assume the role of overseers to conform the award to their sense of justice. [read post]
22 Jan 2019, 4:00 am by Public Employment Law Press
 ** Citing Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, the Appellate Division observed that "Even where an arbitrator has made an error of law or fact, courts generally may not disturb the arbitrator's decision".The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_00340.htm [read post]
31 Jan 2019, 4:01 am by Public Employment Law Press
Retaliation against an employee for reporting improper governmental action prohibited by Civil Service Law §75-b, the "Whistleblower Statute"Lilley v Greene Cent. [read post]