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22 Oct 2010, 3:09 am
"Thus, where, as here, several charges have been dismissed on appeal, an appellate court will often remit the matter for an appropriate penalty (id.; see also, Matter of Ahsaf v Nyquist, 37 NY2d 182, 186). [read post]
19 Oct 2010, 3:55 am
An illustration of such a narrow construction is set out in Board of Education v Nyquist (48 NY2D 97). [read post]
10 Sep 2008, 4:04 am
In such situations the courts have upheld the employee's immediate suspension without pay, i.e., suspension without pay is proper where the individual lacks the necessary license or certification authorized [see Meliti v Nyquist, 41 NY2d 183]. [read post]
20 Jun 2008, 12:35 am
A test was stated in Matter of Elkins, 14 Ed Dept Repts 193, to the effect that if more than one-half of the functions to be performed by the incumbent of the new position are those which he performed in his old position, the positions are similar. [read post]