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Applying the doctrine of primary jurisdiction
30 Aug 2017, 6:00 am by The Public Employment Law Press
Citing Hessney v Board of Education of Public Schools of Tarrytowns, 228 AD2d 954, the Appellate Division held that Supreme Court properly dismissed Petitioner's action as she had failed to timely appeal the matter to the Commissioner of Education.* Applying the Doctrine of Primary Jurisdiction permits a court to refer an issue to an administrative agency for its determination when the issue is within the agency's purview and expertise. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Concerning the Doctrine of Primary Jurisdiction
26 Jul 2011, 3:18 am
Citing Hessney v Public Schools of Tarrytowns, 228 AD2d 954, the court pointed out that “the Commissioner of Education has the specialized knowledge and expertise to resolve the factual issue of whether [Donato's] former position and the new position are similar within the meaning of Education Law Section 3013(3)(a). [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/