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Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee's unauthorized absences, together with his failure to follow employer's sick leave policy, served as a good-faith basis for employee's dismissal from the position
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [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
However, the question of whether a request contains a reasonable description is separate from consideration as to whether the request is unduly burdensome (see Matter of Jewish Press, Inc. v New York City Dept. of Educ., 183 AD3d 731, 733 [2d Dept 2020]; Matter of New York Comm. for Occupational Safety & Health v Bloomberg, 72 AD3d 153, 162 [1st Dept 2010]). [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
However, the question of whether a request contains a reasonable description is separate from consideration as to whether the request is unduly burdensome (see Matter of Jewish Press, Inc. v New York City Dept. of Educ., 183 AD3d 731, 733 [2d Dept 2020]; Matter of New York Comm. for Occupational Safety & Health v Bloomberg, 72 AD3d 153, 162 [1st Dept 2010]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision highlights some essentials of the Freedom of Information Law
8 Jan 2017, 8:04 am by The Public Employment Law Press
Notably, "blanket exemptions for particular types of documents are inimical to FOIL's policy of open government" (Matter of Gould v New York City Police Dept., 89 NY2d 267, 275 [1996]; accord Matter of Thomas v New York City Dept. of Educ., 103 AD3d 495, 498 [2013]; Matter of New York State Defenders Assn. v New York… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York DWI & DUI Arrests: When the Police Fail to Establish "Operation" & Probable Cause in a VTL 1192 Case
25 Apr 2012, 1:28 pm
Compounding matters, criminal attorneys and New York City DWI lawyers often face evidence that is videotaped and based in chemical tests that is difficult to controvert. [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyerblog.com/
Police officer terminated after failing to report the loss of evidence
30 Nov 2010, 10:56 am
Div., First Dept., 277 AD2d 8, Motion for leave to appeal denied, 96 NY2d 706The Appellate Division sustained the dismissal of New York City police officer George Bonifacio after he was found guilty of disciplinary charges filed against him. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Decision of the week ending March 25, 2023 - Freedom of Information Law (FOIL)
24 Mar 2023, 10:00 pm by Public Employment Law Press
Whether petitioner intends to publish the information on a publicly available website is irrelevant to the applicability of the exemption since "access to government records does not depend on the purpose for which the records are sought" (Matter of Gould v New York City Police Dept., 89 NY2d 267, 274 [1996]; see also Matter of Bellamy v New York City Police… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the week ending March 25, 2023 - Freedom of Information Law (FOIL)
24 Mar 2023, 10:00 pm by Public Employment Law Press
Whether petitioner intends to publish the information on a publicly available website is irrelevant to the applicability of the exemption since "access to government records does not depend on the purpose for which the records are sought" (Matter of Gould v New York City Police Dept., 89 NY2d 267, 274 [1996]; see also Matter of Bellamy v New York City Police… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Conservation, 159 AD3d 1493, 1498 [4th Dept 2018]; Matter of Chenkin v New York City Council, 72 AD3d 548, 549 [1st Dept 2010], lv denied 16 NY3d 703 [2011]; Matter of Specht v Town of Cornwall, 13 AD3d 380, 381 [2d Dept 2004]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Conservation, 159 AD3d 1493, 1498 [4th Dept 2018]; Matter of Chenkin v New York City Council, 72 AD3d 548, 549 [1st Dept 2010], lv denied 16 NY3d 703 [2011]; Matter of Specht v Town of Cornwall, 13 AD3d 380, 381 [2d Dept 2004]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York State's Freedom of Information Law [FOIL] as amended does not limit disclosures
4 Dec 2023, 7:30 am by Public Employment Law Press
Liberties Union v New York City Police Dept., 32 NY3d 556). ** See Chapter 96 of the Laws of 2020. *** There are statutory prohibitions to public disclosure of certain public records. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York State's Freedom of Information Law [FOIL] as amended does not limit disclosures
4 Dec 2023, 7:30 am by Public Employment Law Press
Liberties Union v New York City Police Dept., 32 NY3d 556). ** See Chapter 96 of the Laws of 2020. *** There are statutory prohibitions to public disclosure of certain public records. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls
28 Nov 2023, 6:00 am by Public Employment Law Press
[and] provide for a hearing and an appeal" (See Matter of Patrolmen's Benevolent Assn. of City of N.Y., Inc. v New York State Public Empl. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls
28 Nov 2023, 6:00 am by Public Employment Law Press
[and] provide for a hearing and an appeal" (See Matter of Patrolmen's Benevolent Assn. of City of N.Y., Inc. v New York State Public Empl. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A police officer's personnel records are exempt from disclosure pursuant to the Freedom of Information Law during and after he or she leaves public service
23 Apr 2019, 4:00 am by Public Employment Law Press
Liberties Union v New York City Police Dept., 32 NY3d 556The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_02875.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A police officer's personnel records are exempt from disclosure pursuant to the Freedom of Information Law during and after he or she leaves public service
23 Apr 2019, 4:00 am by Public Employment Law Press
Liberties Union v New York City Police Dept., 32 NY3d 556The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_02875.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Does Failing to Allow Police in Your Apartment Without a Warrant or an Emergency Constitute Obstruction of Governmental Administration (PL 195.05)
6 Nov 2014, 8:02 am by Jeremy Saland
The New York City criminal lawyers and metro New York criminal defense attorneys at Crotty Saland PC serve clients in all criminal investigations, arrests, indictments and trials throughout the region. [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer-blog.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
Kopec v City of Elmhurst, 193 F3d at 896, 904; Weiner v City College of City Univ. of New York, 1997 WL 381799, *1, *4, 1997 US Dist LEXIS 9705, *2, *13 [SD NY, July 9, 1997, No. 95 Civ 10892 (JFK)]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
Kopec v City of Elmhurst, 193 F3d at 896, 904; Weiner v City College of City Univ. of New York, 1997 WL 381799, *1, *4, 1997 US Dist LEXIS 9705, *2, *13 [SD NY, July 9, 1997, No. 95 Civ 10892 (JFK)]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/