Search for: "Matter of A.D"
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9 Mar 2020, 4:00 am
Auth., 120 AD3d 407.** The Appellate Division noted Solis v Department of Educ. of City of N.Y., 30 A.D.3d 532, in which that court found that termination unwarranted for petitioner with "otherwise unblemished 12-year record. [read post]
27 Apr 2020, 11:35 am
., 178 A.D.3d 466 (First Dep’t 2019), the court applied some basic principles concerning willful exaggeration under the Lien Law to an unusual set of facts. [read post]
8 Apr 2010, 3:26 am
"Accordingly, said the court, and the Department agreed, it was necessary to remand the matter to the Department to determine if Vargo was entitled to back salary for any period of suspension without pay in excess of 30 days.The Appellate Division sustained the Commissioner's determination that Vargo was guilty of being the driver of a motor vehicle involved in "a hit-and-run" while off duty and that he used illegal drugs. [read post]
31 Aug 2009, 4:03 am
Determining line-of-duty disabilityErtner v Chenango County, 280 A.D.2d 851In considering the standard to apply in determining line-of-duty disability for the purpose of demonstrating eligibility for Section 207-c benefits, in the Ertner case, the Appellate Division, Third Department said that:While it would be virtually impossible to enumerate each and every instance in which an employee would be entitled to General Municipal Law Section 207-c benefits as opposed to workers'… [read post]
22 Sep 2009, 4:01 am
Jurisdictional classificationGrosh v City of Troy, 246 A.D.2d 235The failure to properly process a request to jurisdictionally classify an otherwise classified service position in the exempt, noncompetitive or labor class means that the position continues to be a position in the competitive class.* This point is made clear by the Appellate Division in Grosh.Susan H. [read post]
25 Jun 2018, 4:00 am
Water Auth., 298 A.D.2d 932. [read post]
26 May 2015, 12:00 pm
Handa, 103 A.D.2d 794, 477 N.Y.S.2d 670, lv. denied 64 N.Y.2d 1040; Roy v. [read post]
23 Jul 2020, 4:00 am
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
23 Jul 2020, 4:00 am
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
17 Sep 2017, 9:01 pm
Fiedler, 230 A.D.2d 822, 823, 646 N.Y.S.2d 839, 841 (2nd Dept. 1996) [read post]
17 Sep 2017, 9:01 pm
Fiedler, 230 A.D.2d 822, 823, 646 N.Y.S.2d 839, 841 (2nd Dept. 1996) [read post]
29 Jul 2010, 5:00 am
A.D. [read post]
4 Jun 2008, 5:22 am
., 294 A.D.2d 164In the El Bey case, the exception to the statute of limitations for filing disciplinary action pursuant to Section 75 of the Civil Service Law where the charge would otherwise consti­tute a crime was applied by the Appellate Division in sustaining disciplinary action taken against Yashua Amen Shekhem El Bey.El Bey was served with disciplinary charges pursuant to Section 75 of the Civil Service Law alleging, among other misconduct, that he falsely claimed exemption… [read post]
4 Sep 2011, 8:05 pm
Adams, 85 A.D.3d 1225 (3d Dept. 2011), the Appellate Division, Third Department, had to address issues related to interference with visitation which were raised by the father who brought a petition to modify existing custodial and residential arrangement. [read post]
3 Mar 2009, 6:37 am
A.D. 2009(, that interpreted the "ascertainable loss" requirement of the state's consumer fraud act ("CFA") as requiring the purportedly aggrieved consumer to invoke a money-back guarantee before bringing suit. [read post]
25 May 2010, 4:42 am
Terminating a probationary employee without providing him or her with a pre-termination administrative hearingJohnson v City of New York, 281 A.D.2d 322Elaine Johnson, a probationary employee, challenged her termination from her position as a Caseworker with the New York City Administration for Children’s Services [ACS].According to the decision, Johnson suffered a job-related injury while she was serving as a provisional Caseworker.ACS permanently appointed Johnson to the position of… [read post]
7 Jul 2010, 4:05 am
”The matter was returned to Supreme Court for its further consideration, including “the entry of an appropriate declaration. [read post]
4 Sep 2011, 8:05 pm
Adams, 85 A.D.3d 1225 (3d Dept. 2011), the Appellate Division, Third Department, had to address issues related to interference with visitation which were raised by the father who brought a petition to modify existing custodial and residential arrangement. [read post]
21 Mar 2010, 11:21 pm
., 291 A.D.2d 778Disciplinary action was initiated against Randall Davis by his employer, the New York State Division of Military Affairs and Naval Affairs [DMNA], based on allegations that he was guilty of violating DMNA's Internet policy by visiting inappropriate websites, including pornographic websites and using a State-owned computer for "personal business. [read post]
20 May 2014, 9:01 pm
The matter was once again sent back to Supreme Court for calculations. [read post]
