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State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at forward.ny.gov.
N.B. §22 of the 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 applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.
September 29, 2014
Only an appeal filed pursuant to §310 of the Education Law by an entity having "standing" will be considered by the Commissioner of Education
September 27, 2014
Handbooks focusing on New York State and Municipal Public Personnel Law
The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State set out in a 2100+ page e-book. For more information click on http://booklocker.com/books/5215.html
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
September 23, 2014
Probationary employee’s refusing to sign an agreement extending his or her probationary period not disqualifying misconduct for the purpose of determining eligibility for unemployment insurance benefits
September 19, 2014
September 15, 2014
A municipality may discontinue a retiree’s health insurance benefit in the absence of a contract or provision of law granting the retirees a vested right to such a benefit
September 12, 2014
Office of Children and Family Services (OCFS): Day Care Licensing (2013-S-66)
Department of Health (DOH): Multiple Same-Day Procedures on Ambulatory Patient Groups Claims (2012-S-163)
New York State Thruway Authority: Travel Plaza Revenues and Capital Improvements (Follow-Up) (2014-F-8)
September 5, 2014
Judge Gloade recommended that the laboratory assistant be terminated in view of her prior disciplinary history and because her misconduct endangered the safety of others.
* The ALJ's decision notes that "Circumstantial evidence is defined as ‘evidence of a collateral fact, that is, of a fact other than a fact in issue, from which, either alone or with other collateral facts, the fact in issue may be inferred,’" citing Richardson on Evidence §4-301.
September 4, 2014
Petition dismissed after former employee failed to rebut employer’s prima facie evidence that it did not unlawfully discriminate against him
2014 NY Slip Op 05959, Appellate Division, Second Department
September 3, 2014
In a disciplinary hearing the employer bears the burden of proving the charges filed against an employee by a preponderance of the credible evidence
September 2, 2014
The date of the meeting on which a school board took formal action to appoint an individual is critical to determining “commencement of service” for the purposes of determining seniority in the event of a layoff
Public Personnel Law E-books
The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on https://booklocker.com/books/5215.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on http://booklocker.com/books/7401.html
The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html