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3 Dec 2018, 4:00 am by Public Employment Law Press
* Except were otherwise provided by law, all that is required for a resignation to become operative is its delivery to the appointing authority; approval or acceptance of the resignation is not required for the resignation to take effect [Hazelton v Connelly, 25 NYS2d 74]. [read post]
3 Dec 2018, 4:00 am by Public Employment Law Press
* Except were otherwise provided by law, all that is required for a resignation to become operative is its delivery to the appointing authority; approval or acceptance of the resignation is not required for the resignation to take effect [Hazelton v Connelly, 25 NYS2d 74]. [read post]
9 Mar 2010, 4:14 am
Employee seeks reinstatement to his former position claiming that his resignation was ineffective and involuntaryMatter of Melber v New York State Educ. [read post]
27 May 2015, 6:00 am by The Public Employment Law Press
(see CPLR 217[1]; see also Matter of Biondo v New York State Bd. of Parole, 60 NY2d 832, 834 [1983]). [read post]
5 Mar 2010, 3:55 am
Supreme Court makes it clear that absent "exceptional circumstances," the Thirteenth Amendment bars compulsory labor “enforced by the use or threatened use of physical or legal coercion," citing United States v Kozminski 487 US 931 and a number of other cases. [read post]
6 Mar 2020, 4:00 am by Public Employment Law Press
 Similarly, the New York State Civil Service Commission’s Rules for employees of the State as an employer provide, in pertinent part, as follows:“If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. [read post]
21 Dec 2016, 7:00 am by The Public Employment Law Press
In other words, the approval or acceptance of the resignation is not required for the resignation to take effect  unless specific acceptance of a resignation is required by law, rule, regulation or the terms of a collective bargaining agreement (see Hazelton v Connelly, 25 NYS2d 74).As an example of a situation where acceptance of a resignation mandated by statute, §2111 of the Education Law provides that an officer of a school district may "resign at a… [read post]
6 Mar 2020, 4:00 am by Public Employment Law Press
 Similarly, the New York State Civil Service Commission’s Rules for employees of the State as an employer provide, in pertinent part, as follows:“If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
Article V, §6, in pertinent part, requires that “Appointments and promotions in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive…. [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
Article V, §6, in pertinent part, requires that “Appointments and promotions in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive…. [read post]