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Summaries of legal actions or "squibs" of selected decisions posted on the Internet during the month of December 2022
26 Dec 2022, 5:18 am by Public Employment Law Press
In law the term "squib" refers to a very brief review of a single case or a single point of law from a case [Squib©Copyright 1997-2022 airSlate Legal Forms, Inc. d/b/a USLegal]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".
26 Dec 2022, 5:03 am by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".
26 Dec 2022, 5:03 am by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".
26 Dec 2022, 5:03 am by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".
26 Dec 2022, 5:03 am by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Section 11(b) of the Court of Claims Act requires a claim to specify "(1) 'the nature of [the claim]'; (2) 'the time when' it arose; (3) the 'place where' it arose; (4) 'the items of damage or injuries claimed to have been sustained'; (5) 'a sufficiently detailed description of the particulars of the claim to enable [the State] to investigate and promptly ascertain the existence and extent of its liability' and (6) 'the total sum claimed.'"
25 Dec 2022, 11:16 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07257.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Section 11(b) of the Court of Claims Act requires a claim to specify "(1) 'the nature of [the claim]'; (2) 'the time when' it arose; (3) the 'place where' it arose; (4) 'the items of damage or injuries claimed to have been sustained'; (5) 'a sufficiently detailed description of the particulars of the claim to enable [the State] to investigate and promptly ascertain the existence and extent of its liability' and (6) 'the total sum claimed.'"
25 Dec 2022, 11:16 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07257.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Section 11(b) of the Court of Claims Act requires a claim to specify "(1) 'the nature of [the claim]'; (2) 'the time when' it arose; (3) the 'place where' it arose; (4) 'the items of damage or injuries claimed to have been sustained'; (5) 'a sufficiently detailed description of the particulars of the claim to enable [the State] to investigate and promptly ascertain the existence and extent of its liability' and (6) 'the total sum claimed.'"
25 Dec 2022, 11:16 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07257.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Section 11(b) of the Court of Claims Act requires a claim to specify "(1) 'the nature of [the claim]'; (2) 'the time when' it arose; (3) the 'place where' it arose; (4) 'the items of damage or injuries claimed to have been sustained'; (5) 'a sufficiently detailed description of the particulars of the claim to enable [the State] to investigate and promptly ascertain the existence and extent of its liability' and (6) 'the total sum claimed.'"
25 Dec 2022, 11:16 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07257.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."
25 Dec 2022, 11:15 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07231.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."
25 Dec 2022, 11:15 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07231.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."
25 Dec 2022, 11:15 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07231.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."
25 Dec 2022, 11:15 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07231.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a declaratory judgment action seeks an adjudication of rights that could be resolved in a proceeding pursuant to CPLR Article 78, the statute of limitations applicable to a CPLR Article 78 proceeding applies.
25 Dec 2022, 11:14 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07235.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a declaratory judgment action seeks an adjudication of rights that could be resolved in a proceeding pursuant to CPLR article 78, the statute of limitations applicable to a CPLR article 78 proceeding applies.
25 Dec 2022, 11:14 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07235.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a declaratory judgment action seeks an adjudication of rights that could be resolved in a proceeding pursuant to CPLR article 78, the statute of limitations applicable to a CPLR article 78 proceeding applies.
25 Dec 2022, 11:14 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07235.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a declaratory judgment action seeks an adjudication of rights that could be resolved in a proceeding pursuant to CPLR Article 78, the statute of limitations applicable to a CPLR Article 78 proceeding applies.
25 Dec 2022, 11:14 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07235.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Supreme Court properly denied New York City Transit Authority's [NYCTA] motion to prohibit Plaintiffs' counsel and employees from asking questions of NYCTA officials at any public hearing without first submitting the proposed questions to NYCTA's counsel prior to the public hearing and disclosing Plaintiffs' counsel and employees identity at the hearing as [1] the questions did not concern the subject of Plaintiffs' counsel's representation and [2] involved a matter of public concern.
25 Dec 2022, 11:11 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07181.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Supreme Court properly denied New York City Transit Authority's [NYCTA] motion to prohibit Plaintiffs' counsel and employees from asking questions of NYCTA officials at any public hearing without first submitting the proposed questions to NYCTA's counsel prior to the public hearing and disclosing Plaintiffs' counsel and employees identity at the hearing as [1] the questions did not concern the subject of Plaintiffs' counsel's representation and [2] involved a matter of public concern.
25 Dec 2022, 11:11 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at  https://www.nycourts.gov/reporter/3dseries/2022/2022_07181.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Grievances such as the one at issue in this action are arbitrable so long as no public policy, statutory, or constitutional provisions prohibit them and they are reasonably related to the provisions of the relevant Collective Bargaining Agreement [CBA] which requirement is satisfied when the CBA outlines a detailed procedural mechanism by which the grievant may seek arbitration.
25 Dec 2022, 11:10 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/