This site is being made available pro bono for research purposes only.

A listing of case summaries by date posted is set out in the sidebar. TO SEARCH this LawBlog's more that 5,000 case summaries type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

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 8, 2010

Fitness of a witness determined by the credibility of his or her testimony

Fitness of a witness determined by the credibility of his or her testimony
Goodman v Safir, 259 A.D.2d 344

In the Goodman case, the Appellate Division considered the value of testimony provided by “corrupt former employees” called by the employer as witnesses against another employee in a disciplinary action.

New York City police officer Keith Goodman was terminated from his position after being found guilty of participating in unlawful searches in violation of the Fourth Amendment to the U. S. Constitution on a number of occasions. Goodman challenged his dismissal, contending that there was no substantial evidence supporting the Commissioner’s action because, Goodman alleged, a number of the witnesses testifying against him were corrupt former police officers.

The Appellate Division dismissed Goodman’s appeal, commenting that it found “no reason to disturb [the Commissioner’s] credibility findings rejecting [Goodman’s] version of the events.” The fact that some of the witnesses testifying for the employer were characterized by Goodman as “corrupt former police officers” did not mean that their testimony was not “substantial” insofar as the Appellate Division was concerned.

Finding that the penalty of dismissal did not shock its sense of fairness, the Appellate Division sustained the commissioner’s determination and his terminating Goodman from his position.
NYPPL

NEW YORK PUBLIC PERSONNEL LAW ELECTRONIC HANDBOOKS

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

Disability Benefits for fire, police and other public sector personnel - Addresses retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information click on http://booklocker.com/books/3916.html

The Layoff, Preferred List and Reinstatement Manual -Focusing on relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

Please Note:

Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, REMEMBER THAT CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG.

THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.


New York Public Personnel Law Copyright© 1987 - 2020

E-mail inquiries to publications@nycap.rr.com

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.