New York Public Personnel Law: Selected Appellate Division rulings

December 14, 2011

Selected Appellate Division rulings

Selected Appellate Division rulings

* Dismissal because of repeated lateness or being absent from work without an appropriate excuse is not disproportionate to the offense (Smack v. Dutchess County, 80 AD2d 874.

* The reassignment of the work of the incumbent of an abolished position among five other (retained) employees, none being assigned more than 50% of the duties of the abolished position, is lawful (Currier v. Tompkins-SenecaTioga BOCES, 80 AD2d 979)

* Shortcomings as an administrator and unsatisfactory performance as a supervisor are not stigmatic so as to require a name clearing hearing for persons not subject to Section 75 of the Civil Service Law. (Carter v. Roswell Park Memorial Institute 80 AD2d 960)

* Although the appointing authority was obliged to consider the findings of the Hearing Officer in a Section 75 disciplinary action, it was entitled to overrule them in arriving at the ultimate decision. (Wood v. Maine-Endwell CSD, 80 AD2d 970)

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.