Search for: "Matter of Coughlin v Coughlin" Results 1 - 20 of 85
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Wal-Mart v. Coughlin
13 Apr 2007, 6:35 am
On Nov. 3, 2005, I wrote:One can understand why Wal-Mart is upset that a former executive, Tom Coughlin, allegedly swiped a half-million dollars, and wants to stop paying him in addition to referring the matter to federal prosecutors. [read post]
Point of Law Forum - http://www.pointoflaw.com/
The Sales Manager, Conversion and the Computer Fraud and Abuse Act
10 Dec 2014, 5:29 am
Coughlin answered the complaint.Infinity Headwear & Apparel, LLC v. [read post]
CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/
Stoneridge v. Scientific America: The SEC Speaks, Sort Of
15 Jun 2007, 5:45 am
One of the more interesting briefs filed on Monday in Charter (Stoneridge v. [read post]
The Race to the Bottom - http://www.theracetothebottom.org/home/
Pennsylvania Superior Court Decision on Sufficiency of Evidence To Corroborate and Render BAC Evidence Admissible [Non-Precedential]
11 Mar 2016, 5:00 am by Daniel E. Cummins
In its recent non-precedential decision in the case of Coughlin v. [read post]
Tort Talk - http://www.torttalk.com/
Appointing authority’s threat to take action against an employee that is otherwise lawful to attain a desired result does not constitute duress
6 Dec 2010, 4:07 am
”In affirming the lower court’s decision the Appellate Division observed that Supreme Court’s “findings of fact, based in large measure on its assessment of the credibility of the witnesses,” were supported by a fair interpretation of the record evidence.Addressing Buric allegations that “he was given two unpalatable choices,* or that he chose the service retirement due to financial considerations,” the Appellate Division said that neither constituted… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Individual is required to make a timely demand for reinstatement following submission of his or her resignation allegedly made under duress
7 Apr 2014, 4:00 am by The Public Employment Law Press
" * In Rychlick v Coughlin, 63 NY2d 643, the court said that the threat to file formal disciplinary charges if the employee did not resign does not constitute duress as it is not duress to threaten to do what one has the legal right to do.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2014/2014_01905.htm===================The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Charging a fee for the cost of reviewing and redacting requested video footage sought pursuant to New York State's Freedom of Information Law
5 Aug 2020, 4:00 am by Public Employment Law Press
Addressing yet another aspect of Appeal 1, the Appellate Division, citing Konigsberg v Coughlin, 68 NY2d 245, opined that "Contrary to [Plaintiff's] further contention in appeal No. 1, [Supreme Court] did not err in remitting the matter to [Respondents] to reconsider [Plaintiff's] request, provide a privilege log, and ultimately comply with its statutory obligations and thus any decision concerning Plaintiff's entitlement to attorney's fees are… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Charging a fee for the cost of reviewing and redacting requested video footage sought pursuant to New York State's Freedom of Information Law
5 Aug 2020, 4:00 am by Public Employment Law Press
Addressing yet another aspect of Appeal 1, the Appellate Division, citing Konigsberg v Coughlin, 68 NY2d 245, opined that "Contrary to [Plaintiff's] further contention in appeal No. 1, [Supreme Court] did not err in remitting the matter to [Respondents] to reconsider [Plaintiff's] request, provide a privilege log, and ultimately comply with its statutory obligations and thus any decision concerning Plaintiff's entitlement to attorney's fees are… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Termination as "a final agency action” is effected when the letter of dismissal is delivered to the officer or employee
29 Jun 2015, 2:00 am by The Public Employment Law Press
”* Concerning the issue obtaining an "involuntary resignation," in Rychlick v Coughlin, 63 NY2d 643, the Court of Appeals  pointed out that threatening to do what the appointing authority had a right to do -- in this instance filing disciplinary charges against the employee if the employee did not submit his resignation from his position -- did not constitute coercion so as to make the resignation involuntary. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's resignation after being found guilty of disciplinary charges forfeits his or her right to demand arbitration
26 Jul 2018, 4:00 am by Public Employment Law Press
In the Matter of the Arbitration between Unit 8251, Local 842, CSEA v City of Troy, the basic issue was the effect of an employee's pre-arbitration resignation on his or her right to demand arbitration. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee who resigned rather than face disciplinary action denied unemployment insurance benefits based on "disqualifying misconduct"
23 May 2008, 1:41 am
Matter of Riley v Commissioner of Labor, 2008 NY Slip Op 04588, Decided on May 22, 2008, Appellate Division, Third Department The Unemployment Insurance Appeal Board rejected Kristine E. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Claiming absolute privilege or qualified privilege as a defense in litigation involving alleged defamatory statements
12 Mar 2019, 4:00 am by Public Employment Law Press
** In Tulloch v Coughlin, 50 F.3d 114, the US Circuit Court of Appeals, Second Circuit, considered the differences between “absolute immunity” and “qualified immunity. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Claiming absolute privilege or qualified privilege as a defense in litigation involving alleged defamatory statements
12 Mar 2019, 4:00 am by Public Employment Law Press
** In Tulloch v Coughlin, 50 F.3d 114, the US Circuit Court of Appeals, Second Circuit, considered the differences between “absolute immunity” and “qualified immunity. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Defendants' failure to demonstrate that, as a matter of law, the credentials presented by the Plaintiffs did not permit them to perform the contemplated duties of their employment precludes granting Defendent's motion for summary judgment
5 Apr 2024, 6:00 am by Public Employment Law Press
" Citing SCS Commc’ns, Inc. v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Defendants' failure to demonstrate that, as a matter of law, the credentials presented by the Plaintiffs did not permit them to perform the contemplated duties of their employment precludes granting Defendent's motion for summary judgment
5 Apr 2024, 6:00 am by Public Employment Law Press
" Citing SCS Commc’ns, Inc. v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Coughlin & Gerhart, LLP, Binghamton, NY (Paul J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Coughlin & Gerhart, LLP, Binghamton, NY (Paul J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Making false entries in an official record
14 Sep 2017, 4:00 am by The Public Employment Law Press
Further, in Graham v Coughlin, 72 NY2d 1014, the Court of Appeals upheld the removal of a state correction officer following his conviction of a felony under federal law. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the Month selected for January 2023: Compeling disclosure of records pursuant the New York State's Freedom of Information Law
3 Feb 2023, 9:30 pm by Public Employment Law Press
While Public Officers Law § 89 (3) (a) requires that the records sought be "reasonably described," an agency denying a FOIL request for lack of a reasonable description "bears the burden to establish that the descriptions were insufficient for purposes of locating and identifying the documents sought" (Matter of Jewish Press, Inc. v New York State Police, 207 AD3d 971, 974 [3d Dept 2022] [internal quotation marks and citations omitted]; see Matter… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the Month selected for January 2023: Compeling disclosure of records pursuant the New York State's Freedom of Information Law
3 Feb 2023, 9:30 pm by Public Employment Law Press
While Public Officers Law § 89 (3) (a) requires that the records sought be "reasonably described," an agency denying a FOIL request for lack of a reasonable description "bears the burden to establish that the descriptions were insufficient for purposes of locating and identifying the documents sought" (Matter of Jewish Press, Inc. v New York State Police, 207 AD3d 971, 974 [3d Dept 2022] [internal quotation marks and citations omitted]; see Matter… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/