Search for: "Matter of Rutkunas v Stout" Results 1 - 2 of 2
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Judicial review of the disciplinary penalty imposed on an employee by the appointing authority
29 Jun 2010, 3:23 am
Accordingly, said the Court of Appeals, “we cannot conclude that the penalty of dismissal imposed . . . shocks the judicial conscience as a matter of law,” citing a number of decisions, including Matter of Will v Frontier Central School District Board. of Education. 97 NY2d 690, and Matter of Pell v Board of Education, 34 NY2d 222.The court observed that: “The Appellate Division has no discretionary authority or interest of justice… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Appellate Division lacked “discretionary authority” to vacate the disciplinary penalty imposed by the appointing authority
28 May 2010, 4:15 am
”The Court of Appeals, citing Matter of Pell v Board of Education, 34 NY2d 222, disagreed, holding that imposing the penalty of demoting Torrance to a non-supervisory position “does not shock the judicial conscience,” and reversed the Appellate Division’s ruling.Further, the Court of Appeals said that the Appellate Division “has no discretionary authority or interest of justice jurisdiction in this CPLR article 78 proceeding to review the penalty… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/