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6 Dec 2010, 4:15 am
An administrative agency must follow the rules and regulations applicable to it in making its final administrative decisionMatter of Hasberry v New York City Dept. of Educ., 2010 NY Slip Op 08792, decided on November 30, 2010, Appellate Division, First DepartmentThe Department of Education (DOE) rejected applications for certification as New York City school bus drivers or bus escorts filed by a number of individuals on the basis of “criminal convictions… [read post]
2 Jul 2012, 12:11 pm
Municipality may have voluntarily assumed a special duty to an injured employee based on "justifiable reliance"  Morgan-Word v New York City Dept. of Educ., 2012 NY Slip Op 05151, Appellate Division, Second Department Assistant Principal Rolanda Morgan-Word alleged that she was injured while attempting to break up a fight between two students at a school. [read post]
4 Jan 2011, 4:05 am
A school employee giving reasonable assurance of continued employment is ineligible for unemployment insurance benefits between school yearsMatter of Sultana v New York City Dept. of Educ., 2010 NY Slip Op 09598, Appellate Division, Third DepartmentIt is “black letter law” that "A professional employee of an educational institution is precluded from receiving unemployment insurance benefits during the time between two successive academic years… [read post]
13 Jun 2012, 5:25 am
Providing employees with legal representation and reimbursement for legal fees and expenses incurred in defense of a civil action arising out work related activities Thomas v New York City Dept. of Educ., 2012 NY Slip Op 04280, Appellate Division, First Department [See, also, Sagal-Cotler v Board of Educ. of City School Dist. of the City of N.Y., 2012 NY Slip Op 04281, Appellate Division, First Department] The genesis of the Thomas action: An… [read post]
12 Jun 2012, 11:34 am
Providing employees with legal representation and reimbursement for legal fees and expenses incurred in defense of a civil action arising out work related activities Thomas v New York City Dept. of Educ., 2012 NY Slip Op 04280, Appellate Division, First Department [See, also, Sagal-Cotler v Board of Educ. of City School Dist. of the City of N.Y., 2012 NY Slip Op 04281, Appellate Division, First Department] The genesis of the Thomas action: An… [read post]
1 Jul 2010, 12:52 am by drdiekman
School Dist. #5, NY Slip Op 05498 (2d Dept. 2010) Tomorrow’s issue: Corporations. [read post]
9 Feb 2009, 4:15 am
Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 actionPak v New York City Dept. of Educ., 2009 NY Slip Op 50154(U), Decided on February 2, 2009, Supreme Court, Kings County, Justice Martin Schneier [not officially reported]Kifan Pak, a probationary teacher, was told that he would be terminated from his postion effective February 28, 2007. [read post]
5 Jun 2012, 4:56 am
A court order must be “clear and unequivocal” in order to hold a party in contempt for its alleged “failing to comply” Storman v New York City Dept. of Educ., 2012 NY Slip Op 04217, Appellate Division, First Department Supreme Court granted, among other things, a motion to hold the New York City Department of Education (DOE) in contempt for its alleged failure to comply with a judgment. [read post]
28 Mar 2019, 2:22 am by Patricia Salkin
  Matter of Yeshiva Talmud Torah Ohr Moshe v Zoning Bd. of Appeals of The Town of Wawarsing, 2019 NY Slip Op 02409 (NYAD 3 Dept. 3/28/19). [read post]
30 May 2008, 12:42 am
Employee ultimately terminated not entitled to back salary for the period when the penalty to be imposed was being reconsideredHershkowitz v New York City Dept. of Educ., 2008 NY Slip Op 04742, Decided on May 27, 2008, Appellate Division, First Department The New York City Department of Education [DOE] filed disciplinary charges against Cary Hershkowitz pursuant to Education Law § 3020-a. [read post]
16 Dec 2010, 4:07 am
The statute of limitations for initiating a lawsuit is not extended by the individual’s pursuing his or her administrative remediesKahn v New York City Dept. of Educ., 2010 NY Slip Op 09168, decided on December 14, 2010, Appellate Division, First DepartmentLeslie Kahn, a probationary social worker, was given an unsatisfactory evaluation and was not given a “denying her a Certification of Completion of Probation. [read post]
21 Jan 2020, 8:00 am by Public Employment Law Press
Searching the site requires some “detective skills,” however, as the name of the property owners is not always accurately identified by the entity depositing the property with the Comptroller.For example, the entity may be reported merely as:EDUCATION DEPARTMENTHEADS AND HORNS BUILDING BRONX NY 10460FLEET BANK N A However, more often the names are more accurately reported, such as:BOCES ADIRONDACK EDUC CTR 711 RT 3 BLOOMINGDALE RD SARANAC LAKE NY 12983 … [read post]
24 Oct 2012, 5:13 am
Failure to establish due diligence in ascertaining the limitations period for commencing the action fatal to complainant’s untimely petition Pichardo v New York City Dept. of Educ., 2012 NY Slip Op 07071, Appellate Division, First Department Supreme Court, New York County, granted the New York City Department of Education’s motion to dismiss the complaint filed by Karien Pichardo’s against them as time-barred. [read post]
28 Feb 2012, 5:18 am
Children permitted to testify as witnesses in a disciplinary arbitrationStergiou v New York City Dept. of Educ., 2012 NY Slip Op 50291(U), Supreme Court, New York County, Justice Shlomo S. [read post]
10 Apr 2012, 3:06 am
Disciplinary penalty imposed based, in part, the hearing officer’s reliance on an altered videotape of incident rejected Principe v New York City Dept. of Educ. 2012 NY Slip Op 02560, Appellate Division, First Department Found guilty of certain disciplinary charges, the employee appealed the termination of his employment by the New York City Department of Education. [read post]
19 Nov 2020, 4:00 am by Public Employment Law Press
., of the Police Dept. of Nassau County [DIA], 2020 NY Slip Op 06745;  County of Nassau v Detectives Assn., Inc., of the Police Dept. of Nassau County, 2020 NY Slip Op 06779;County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06780; and County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06746. [read post]
19 Nov 2020, 4:00 am by Public Employment Law Press
., of the Police Dept. of Nassau County [DIA], 2020 NY Slip Op 06745;  County of Nassau v Detectives Assn., Inc., of the Police Dept. of Nassau County, 2020 NY Slip Op 06779;County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06780; and County of Nassau v Police Benevolent Assn. of the Police Dept. of the County of Nassau, 2020 NY Slip Op 06746. [read post]