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New York Public Personnel Law 

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.
Post Frequency: 10.2/day Last Entry: November 05, 2020 at 10:02:02 Recent Entries: 3029
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Misuse of an agency?s computers
Posted on November 03, 2008Misuse of an agency?s computersBedford v Raymond W. Kelly, as Police Commissioner, 2008 NY Slip Op 08272, Decided on October 30, 2008, Appellate Division, First DepartmentTinel Bedford, an employee of the New York City Police Department, was served with disciplinary charges alleging that he had utilized Police Department computers for a non-Department use and that he failed to properly supervise members of the service subordinate to him...
Unclaimed funds under the Abandoned Property Law
Posted on November 03, 2008Unclaimed funds under the Abandoned Property LawSource: Press Release by the State ComptrollerThe State?s Abandoned Property Law requires banks, insurance companies, utilities, and other businesses to turn dormant savings accounts, unclaimed insurance and stock dividends, and other inactive holdings over to the State...
Stay of Labor Arbitration Denied
Posted on November 03, 2008Stay of Labor Arbitration DeniedSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...
Individual rather than the court responsible for identifying the ?cause of action?
Posted on October 31, 2008Individual rather than the court responsible for identifying the ?cause of action?Zimmer v Secretary of Department of Homeland Security, USCA, 3rd Circuit, Docket #08-1590, October 22, 2008 [not precedential]Lawrence Zimmer appealed an order by the United States District Court for the Middle District of Pennsylvania, that dismissed his employment discrimination complaint "for failing to state a claim upon which relief may be granted pursuant to 28 U...
What public employers are public corporations?
Posted on October 31, 2008What public employers are public corporations?Question from a readerA reader asks what is meant when an item refers to a public employer as a ?public corporation??Typically, when the State is the employer, the term ?State? is used. When discussing the personnel of "a political subdivision of the State,? the entity involved is a county, town, village, school district or a similar ?public employers...
Use of profanity toward a supervisor
Posted on October 31, 2008Use of profanity toward a supervisorHealth & Hospitals Corp. (North Bronx Healthcare Network) v. Wolfe, OATH Index No. 2844/08Evidence at the hearing established that a hospital service aide used profanity toward his supervisor and asked him to "step outside...
Claiming Eleventh Amendment immunity
Posted on October 30, 2008Claiming Eleventh Amendment immunityBurrus v State Lottery Commission of Indiana, USCA 7th Circuit, Docket #08-1142In Edelman v. Jordan, 415 U.S. 651, the United State Supreme Court held that an unconsenting State, together with state agencies, as arms of the state, are immune from lawsuits brought in federal courts by her own citizens as well as by citizens of another State...
Independent contractions are not to be placed on the payroll
Posted on October 30, 2008Independent contractions are not to be placed on the payrollSource: Audit Report issued by the State ComptrollerIn reviewing internal controls over selected financial activities of the Washington-Saratoga-Warren-Hamilton-Essex BOCES, the Comptroller found that although the BOCES had established procedures that were designed to help distinguish employees from independent contractors, the procedures were not uniformly applied...
Three strikes and you are out when prosecuting a federal civil rights claim pursuant to 42 USC 1983
Posted on October 30, 2008Three strikes and you are out when prosecuting a federal civil rights claim pursuant to 42 USC 1983 Coleman v Harris et al, USCA 5th Circuit, No. 07-11174 [Unpublished]Alvin Coleman, while incarcerated in a prison, sued, contending he had been subjected to ?retaliatory disciplinary? by prison officials...
Forging a medical note to excuse absence
Posted on October 30, 2008Forging a medical note to excuse absenceAdmin. for Children's Services v. Murray, OATH Index No. 2515/08A clerical associate admitted forging a doctor's note to excuse a three-day absence after he was involved in a car accident. Noting that falsifying medical documents constitutes serious misconduct, ALJ John Spooner recommended termination, despite the employee's forthright admission and acknowledgment of his wrongful behavior...
Residence requirements for public officers
Posted on October 29, 2008Residence requirements for public officersInformal Opinions of the Attorney General 2008-10Public Officers Law §3 generally requires that a public officer reside in the political subdivision or municipality in which he or she holds such public office, i...
New York State Common Retirement Fund in good shape despite downturn in stock markets
Posted on October 29, 2008New York State Common Retirement Fund in good shape despite downturn in stock marketsSource: Office of the State Comptroller Press ReleaseState Comptroller Thomas P. DiNapoli reports that the value of the New York State Common Retirement Fund (Fund) has fallen an estimated 20 percent since April 1, 2008...
College Professor Loses Title VII Case
Posted on October 29, 2008College Professor Loses Title VII CaseSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...
Employees and retirees covered by a health insurance plan must be advised of changes
Posted on October 29, 2008Employees and retirees covered by a health insurance plan must be advised of changesOrth v Wisconsin State Employees Union Council 24 et al, USCA 7th Circuit, Docket # 07-2778.A collective bargaining agreement between the employer (Council 24 of the Wisconsin State Employees Union) and the union that represented Mr...
Responding to a 911 call without superior?s approval
Posted on October 29, 2008Responding to a 911 call without superior?s approvalDep't of Environmental Protection v. Nuccio, OATH Index Nos. 2360/08 & 2361/08Two environmental police officers were charged with insubordination when they responded to a 911 call without obtaining prior approval from a supervisor as required by a Department ruleWhile on patrol, the two officers received a 911 call regarding a domestic dispute and proceeded to the scene...
The duties and responsibilities of the position control with respect its classification and allocation to a salary grade
Posted on October 28, 2008The duties and responsibilities of the position control with respect its classification and allocation to a salary gradeMatter of Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO v State of New York Unified Court System, 2008 NY Slip Op 08043, decided on October 22, 2008, Appellate Division, Third DepartmentFollowing the reallocation of positions previously titled "Hearing Examiner" to ?Support Magistrates, JG-31? and the adoption of a new title standard, individual Support Magistrates and the labor union representing them [petitioners], commenced a proceeding seeking to rescind the allocation of the title to JG-31, and place the Support Magistrate title in a higher salary grade -- JG-33...
Probationary employee terminated for alleged misuse of sick leave
Posted on October 28, 2008Probationary employee terminated for alleged misuse of sick leaveCurcio v New York City Dept. of Education, 2008 NY Slip Op 08020, decided on October 23, 2008, Appellate Division, First DepartmentThe New York City Department of Education dismissed a probationary physical education teacher, Louis Curcio, from his position and simultaneously reemployed him as a tenured teacher under his common branch license...
NYSHIP recovers more than $9 million dollars paid for inflated medical claims
Posted on October 28, 2008NYSHIP recovers more than $9 million dollars paid for inflated medical claimsOffice of the State Comptroller: Press ReleaseState Comptroller Thomas P. DiNapoli has issued a press release indicating that more than $9 million has been recovered from non-participating medical providers charged with abusing the New York State Health Insurance Program...
Sanctions ordered after lawsuit filed pursuant to the Freedom of Information Law ruled frivolous
Posted on October 27, 2008Sanctions ordered after lawsuit filed pursuant to the Freedom of Information Law ruled frivolousMatter of Fenstermaker v Edgemont Union Free School Dist., 2006 NY Slip Op 52652(U), Decided on September 26, 2006, Supreme Court, Westchester County, Loehr, J...
2nd Circuit Holds Sexual Orientation Discrimination Is Not Actionable Under Title VII
Posted on October 27, 20082nd Circuit Holds Sexual Orientation Discrimination Is Not Actionable Under Title VIISource: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...
Dismissal recommended for supervisor guilty of sexual harassment and threatening retaliation
Posted on October 27, 2008Dismissal recommended for supervisor guilty of sexual harassment and threatening retaliationDep't of Education v. Brust, OATH Index No. 2280/07ALJ Joan Salzman recommended termination of employment for a school custodian engineer found to have sexually harassed a female secretary and threatened retaliation against her for filing a complaint...
Employee terminated after being found guilty of failing to follow proper procedure
Posted on October 24, 2008Employee terminated after being found guilty of failing to follow proper procedureMatter of Thomas v County of Rockland, Dept. of Hosps., 2008 NY Slip Op 07924, Decided on October 14, 200, Appellate Division, Second DepartmentAnnamma Thomas was employed as a registered nurse at the Summit Park Hospital of the Rockland County Department of Hospitals...
Action by the Commission on Judicial Conduct to remove a judge from office
Posted on October 24, 2008Action by the Commission on Judicial Conduct to remove a judge from officeMatter of LaBombard, 2008 NY Slip Op 07990, Decided on October 23, 2008, Court of AppealsThe New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining the penalty to be imposed...
Making false statements to a department investigator
Posted on October 24, 2008Making false statements to a department investigator Foster v Kelly, 2008 NY Slip Op 07960, Decided on October 21, 2008, Appellate Division, First DepartmentNew York City Police Department Commissioner Raymond Kelly dismissed New York City Police Officer Carlton Foster from his position after Foster was found guilty of making false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation...
Employee charged with being disrespectful to another
Posted on October 24, 2008Employee charged with being disrespectful to anotherHealth & Hospitals Corp. (Metropolitan Hospital Center) v. McCaskey, OATH Index No. 2195/08ALJ Faye Lewis recommended dismissal of a charge that a special officer was disrespectful to a doctor in a psychiatric emergency room when he remarked "You're trying to kill me today"...
Questions concerning the prosecution of grievances and whether the compliant is grievable is for the arbitrator to resolve
Posted on October 23, 2008Questions concerning the prosecution of grievances and whether the compliant is grievable is for the arbitrator to resolveMatter of Hartsdale Fire Dist. v Greenburgh Uniform Firefighters Assn., Inc., Local 1586, IAFF, AFL-CIO, 2008 NY Slip Op 07911, decided on October 14, 2008, Appellate Division, Second DepartmentThe collective bargaining agreement between the Hartsdale Fire District and the Greenburgh Uniform Firefighters Association contained a broad arbitration clause providing for the arbitration of disputes "concerning the meaning, application or interpretation of this Agreement, which remains unresolved after presentation to, and processing through the grievance procedure...
New York City Transit Authority subject to local laws that do not interfere with its providing transportation
Posted on October 23, 2008New York City Transit Authority subject to local laws that do not interfere with its providing transportationTang v New York City Tr. Auth., 2008 NY Slip Op 07903, decided on October 14, 2008, Appellate Division, Second DepartmentKim Tang sued the NYC Transit Authority to recover damages for alleged retaliation by the Transit Authority in violation of the New York City Administrative Code barring unlawful discrimination...
Union rather than officers or board members to acknowledge it does not assert the right to violate the Taylor Law
Posted on October 22, 2008Union rather than officers or board members to acknowledge it does not assert the right to violate the Taylor LawNew York City Tr. Auth. v Transport Workers Union of Am., AFL-CIO, 2008 NY Slip Op 07887, decided on October 14, 2008, Appellate Division, Second DepartmentSupreme Court [see 18 Misc...
The filing of a timely a notice of claim -- a ?condition precedent? when suing a school district ? must be pleaded in the complaint
Posted on October 22, 2008The filing of a timely a notice of claim -- a ?condition precedent? when suing a school district ? must be pleaded in the complaintMunro v Ossining Union Free School Dist., 2008 NY Slip Op 07886, decided on October 14, 2008, Appellate Division, Second DepartmentDianne Munro was employed as the Purchasing and Accounts Payable Manager by Ossining Union Free School District...
Correction officer trainee dismissed after failing to keep his beard trimmed
Posted on October 22, 2008Correction officer trainee dismissed after failing to keep his beard trimmedVales v State of New Jersey, CA3, No. 07-2971, opinion filed August 12, 2008 [marked ?Not Precedential? and not published]Juan Valdes, a former corrections officer trainee, was discharged from the New Jersey Department of Corrections Officer Training Program for failing to keep his beard within a one-eighth inch allowance granted to him by the Academy as an accommodation of his religious obligations as a Muslim...
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Dumb New York Laws
Stupid Laws in the Empire State
New York Building Codes
Building and constructions laws in New York
Selection of State Supreme Court Judges
How State Court Judges are Selected
Can a probation officer make a decision that involves a medical decision and prohibit a person from leaving a state to get medical help?
well if you could get him to a mental health facility they could screen him for ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...

Can a probation officer make a decision that involves a medical decision and prohibit a person from leaving a state to get medical help?
well if you could get him to a mental health facility they could screen him for ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
Does a Chapter 7 bankruptcy discharge a secured mortgage loan?
Yes if you file they cannot sue you to the knowledge I know. My brother is in re...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...








