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26 Apr 2023, 6:00 am by Public Employment Law Press
As the Appellate Division noted in Matter of Willows Condominium Assn. v Town of Greenburgh, 153 AD3d 535, quoting Tango v Tulevech, 61 NY2d 34, "A discretionary act 'involves the exercise of reasoned judgment which could typically produce different acceptable results[,] whereas a ministerial act envisions direct adherence to a governing rule or standard with a compulsory result' ". [read post]
26 Apr 2023, 6:00 am by Public Employment Law Press
As the Appellate Division noted in Matter of Willows Condominium Assn. v Town of Greenburgh, 153 AD3d 535, quoting Tango v Tulevech, 61 NY2d 34, "A discretionary act 'involves the exercise of reasoned judgment which could typically produce different acceptable results[,] whereas a ministerial act envisions direct adherence to a governing rule or standard with a compulsory result' ". [read post]
1 Mar 2021, 7:10 am by Patricia Salkin
Plaintiff-Appellant Ferncliff Cemetery Association appealed from a judgment in favor of Defendant-Appellee Town of Greenburgh, New York. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
Only certain circumstances, however, may the employer appeal a penalty if it feels the penalty is not harsh enough.3One example of such an appeal is the somewhat extraordinary case of Greenburgh CSD #7 v Sobol, 237 A.D.2d 721.In Greenburgh, a hearing panel found a teacher guilty of a number of specifications set out in charges alleging “inappropriate remarks and inappropriate physical contact” with female students by the teacher. [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
Only certain circumstances, however, may the employer appeal a penalty if it feels the penalty is not harsh enough.1One example of such an appeal is the somewhat extraordinary case of Greenburgh CSD #7 v Sobol, 237 A.D.2d 721.In Greenburgh, a hearing panel found a teacher guilty of a number of specifications set out in charges alleging “inappropriate remarks and inappropriate physical contact” with female students by the teacher. [read post]
30 Nov 2016, 9:37 pm by Patricia Salkin
Petitioners/plaintiffs, Panevan Corporation, the owner of property at 784 Central Park Avenue in the Town of Greenburgh, and 784 SCPA Rest. [read post]
30 Nov 2016, 6:56 am by Second Circuit Civil Rights Blog
Town of Greenburgh, 535 F.3d 71 (2d Cir. 2008) (a case I argued), which says the right protects movement between places and has no bearing on access to a particular place. [read post]
20 Nov 2016, 9:16 pm by Patricia Salkin
Petitioners are the owners or tenants of property in the Town of Greenburgh on which a diner is located. [read post]
15 Jan 2016, 4:09 am by The Public Employment Law Press
Overtime paid to a police officer on “special-duty” for service performed for a private entity not included in determining the officer’s “final average salary” for retirement purposesGilles v DiNapoli, 2015 NY Slip Op 09342, Appellate Division, Third DepartmentPeter Gilles, a member of the Town of Greenburgh Police Department, received overtime pay for occasionally volunteering to work “special-duty details. [read post]
21 Oct 2015, 4:01 pm by Patricia Salkin
In 2006, the petitioner purchased property located in Scarsdale, in the Town of Greenburgh, which was then zoned in a multi-family district. [read post]
30 Jan 2015, 3:19 am
Likewise, the petitioners' hardship was self-created in that they completed the additions to the accessory building without obtaining a building permit (see Matter of Caspian Realty, Inc. v Zoning Bd. of Appeals of Town of Greenburgh, 68 AD3d 62, 77; Matter of Merlotto v Town of Patterson Zoning Bd. of Appeals, 43 AD3d 926, 930-931; Matter of Becvar v Scheyer, 250 AD2d 842, 843). [read post]
30 Jan 2015, 3:19 am by Silverberg Zalantis LLP
Likewise, the petitioners' hardship was self-created in that they completed the additions to the accessory building without obtaining a building permit (see Matter of Caspian Realty, Inc. v Zoning Bd. of Appeals of Town of Greenburgh, 68 AD3d 62, 77; Matter of Merlotto v Town of Patterson Zoning Bd. of Appeals, 43 AD3d 926, 930-931; Matter of Becvar v Scheyer, 250 AD2d 842, 843). [read post]