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Friday, May 28, 2010

Appellate Division lacked “discretionary authority” to vacate the disciplinary penalty imposed by the appointing authority

Appellate Division lacked “discretionary authority” to vacate the disciplinary penalty imposed by the appointing authority

The Court of Appeals held that the Appellate Division “has no discretionary authority or interest of justice jurisdiction in this CPLR article 78 proceeding to review the penalty imposed .…”



Monday, May 24, 2010

Employee’s resignation rescinded based on Supreme Court's finding that it was coerced

Employee’s resignation rescinded based on Supreme Court's finding that it was coerced

The general rule is that once the public officer or employee delivers his or her resignation to the appointing authority or the appointing authority's designee, approval of a request to withdraw or rescind the resignation is subject to the discretionary approval of the appointing authority. 





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