ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

January 06, 2015

Recent determinations by New York City’s Office of Administrative Trials and Hearing Administrative Law Judges



Recent determinations by New York City’s Office of Administrative Trials and Hearing Administrative Law Judges
Click on material in color to access the full text of the opinion

Off-duty misconduct
A correction officer committed misconduct when she got into an off-duty fight in an optical store;  pulled down a display case, broke mirrors, threw a chair at the optician, advanced toward him while brandishing a piece of broken glass and grabbed the optician in a bear hug. ALJ John B. Spooner recommended that the officer be suspended for 60 days.  Dep't of Correction v. Chapple, OATH Index No. 325/15


Lack of documentation for Emergency Leave
ALJ Kevin F. Casey found that a sanitation supervisor failed to provide proper documentation for emergency leave, was absent without leave, failed to remain accessible for a home visit, and wore unauthorized sneakers on duty. ALJ Casey recommended dismissal of a charge that supervisor was out of residence without authorization while on sick leave. Penalty recommended was 52 days' suspension.  Dep't of Sanitation v. James, OATH Index No. 1789/14 (Oct. 24, 2014), adopted, Comm'r Dec


Insubordination
A supervisor in the Adult Protective Services Unit was charged with insubordination when she failed to conduct six home visits and refused to attend a mandatory forum. ALJ Kara J. Miller found that the charges were proven. Taking into consideration the supervisor’s long tenure and minimal disciplinary history, Judge Miller recommended a penalty of ten days suspension without pay.  Human Resources Admin. v. Brown, OATH Index No. 38/15 (Oct. 3, 2014).
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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.
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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.
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