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Nominations sought for the Empire Star Public Service Award

This award recognizes exemplary employees of New York State serving in the Executive Branch.

Nominations must be submitted no later than December 15, 2017 and may be completed online.

For more information about the Empire Star Public Service Award, visit www.ny.gov/EmpireStarPublicService.

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Wednesday, March 09, 2016

Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process


Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the process
Collazo v Suffolk County, 2016 NY Slip Op 01321, Appellate Division, Second Department

Maria Callazo initiated an Article 75 CPLR proceeding in Supreme Court seeking to vacate an arbitration award that recommended certain disciplinary action be taken against her with respect to her employment with the County. The Appellate Division affirmed Supreme Court’s dismissal of Callazo’s petition.

Contrary to the Callazo's contention, the Appellate Division said that Supreme Court correctly determined that Callazo “failed to show by clear and convincing evidence that any misconduct on the part of the arbitrator prejudiced her rights or the integrity of the arbitration process.” In addition, the Appellate Division noted that the disciplinary charges filed against her were timely served within 18 months of her alleged misconduct in connection with her employment.

The decision is posted on the Internet at:
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The Discipline Book - A 458 page guide focusing on New York State laws, rules, regulations, disciplinary grievances procedures set out in collective bargaining agreements and selected court and administrative decisions concerning disciplinary actions involving state and municipal public officers and employees. For more information click on http://booklocker.com/5215.html 
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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