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13 May 2024, 6:00 am by Public Employment Law Press
 Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
13 May 2024, 6:00 am by Public Employment Law Press
 Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
1 Apr 2024, 4:35 am by Franklin C. McRoberts
Under the former, in Glenn v Hoteltron Sys., Inc. (74 NY2d 386 [1989]), New York’s highest court held that a fee award to a successful derivate plaintiff is a liability of the entity on behalf of whom the plaintiff sued, not the defendant(s) the plaintiff actually sued. [read post]
27 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter of Marsala v New York State & Local Employees' Retirement Sys., 14 AD3d 984, the Appellate Division observed that it had "previously recognized in comparable scenarios, incidents in which injuries are sustained while participating in a training exercise as part of routine job duties and involving normal risks related thereto, including police officers injured while practicing running dismounts during bicycle patrol training, do not constitute… [read post]
27 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter of Marsala v New York State & Local Employees' Retirement Sys., 14 AD3d 984, the Appellate Division observed that it had "previously recognized in comparable scenarios, incidents in which injuries are sustained while participating in a training exercise as part of routine job duties and involving normal risks related thereto, including police officers injured while practicing running dismounts during bicycle patrol training, do not constitute… [read post]