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N.B. §22 of New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL typically follows this protocol.

NYPPL's most recent posting is set out below.

November 29, 2010

Employer must prove that the employee knew, but failed to follow, procedures

Employer must prove that the employee knew, but failed to follow, procedures
NYC Department of Environmental Protection v Segarra, OATH Index No. 2730/10

The New York City Department of Environmental Protection charged Anthony Segarra, a senior sewage treatment worker at a water pollution control plant, with two instances of neglect of duty involving the taking of water samples.

OATH Administrative Law Judge Alessandra F. Zorgniotti found that the Department failed to prove that Segarra knew about the procedures at issue.

Accordingly, Judge Zorgniotti recommended that the charges that the Department had filed against Segarra be dismissed.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-2730.pdf
NYPPL

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Text prepared by Harvey Randall except as otherwise noted. Randall, former Principal Attorney, New York State Department of Civil Service, also served as Director of Personnel for the State University System; as Director of Research, Governor’s Office of Employee Relations; and as Staff Judge Advocate General, New York Guard. He has an MPA from the Maxwell School, Syracuse University and a J.D. from Albany Law School.