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11 Aug 2011, 3:13 am
The Taylor Law permits a political subdivision of the State to set up a “mini-PERB” to oversee Taylor Law matters and the City's OCB was established for this purpose. [read post]
25 Jan 2016, 4:00 am by The Public Employment Law Press
Skidmore, 39 N.Y.2d 1045 rev’g 43 A.D. 2d 572, in which the Court of Appeals reversed a finding that a government agency must treat an employee’s time–and-leave violations pursuant to CSL §72 rather than as a disciplinary matter under CSL §75 when there is evidence of a disability; 2. [read post]
12 Feb 2009, 11:33 am by Damin J. Toell, Esq.
" Thus, at a minimum, each time a court or arbitrator resolves a matter and grants payment to the provider, there is a maximum of $850. [read post]
23 Aug 2010, 4:19 am
Considering the impact of the reallocation of the salary grade of positions on the collective bargaining unitCSEA Local 1000, v PERB, Appellate Division, 248 A.D.2d 882May a public employer unilaterally seek to reallocate certain titles to a higher salary grade, if such an action serves to remove employees from a bargaining unit? [read post]
8 Sep 2009, 3:24 am
., ; SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT;2009 NY Slip Op 5278; 63 A.D.3d 973; 882 N.Y.S.2d 215; 2009 N.Y. [read post]
16 Dec 2010, 12:29 pm by Damin J. Toell, Esq.
., __ A.D. 3d, __, 2010 NY Slip Op 09256 (2d Dep't, 2010).So Carothers did not get their bills into evidence because the sole witness at trial worked for a third-party billing company, and said billing company did not create the bills. [read post]
11 Jun 2010, 6:32 am
Kaplun, 274 A.D.2d 293, 713 N.Y.S.2d 214 (2000); Matter of Liberty Mut. [read post]
23 May 2008, 1:37 am
Matter of State of New York Off. of Mental Health v New York State Correctional Officers & Police Benevolent Assn., Inc., 46 A.D.3d 1269, Appellate Division, Third Department In June 2004, Taras Neznanyj, an employee of Office of Mental Healt [OMH], was arrested on charges of assault in the third degree and official misconduct for allegedly slapping and punching a patient at one of OMH's facilities. [read post]
1 Jul 2011, 3:56 am
” Accordingly, ruled the court, under the circumstances of this case, Watkins Glen is entitled to be defended and, if need be, indemnified by National Union Fire as a matter of law. [read post]
16 Nov 2016, 7:02 am by Megan Gardner (Admission Pending)
NewOpen Group, 142 A.D.3d 489, 36 N.Y.S.3d 199 (2d Dep’t 2016), that a letter of intent (“LOI”) is unenforceable if it merely constitutes an agreement to agree. [read post]
21 Jul 2010, 3:24 am
., 251 A.D.2d 389 [Affirmed on basis of collateral estoppel, 93 N.Y.2d 343]It is a basic principle of law that an individual may not relitigate a claim that he or she had early presented to, and had been considered and decided by, the courts.Kimball Parker was dismissed from his position as a volunteer firefighter with Blauvelt for insubordination following a disciplinary hearing conducted by the Orangetown Town Board.Parker challenged his dismissal pursuant to Article 78 of the Civil… [read post]