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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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Tuesday, July 12, 2016

Selected preliminary appeal statements filed with the Court of Appeals during the month of June 2016


Selected preliminary appeal statements filed with the Court of Appeals during the month of June 2016
Source: Court of Appeals 

Is a demand to negotiate a municipality's police disciplinary procedure a mandatory subject of collective bargaining?
City of Schenectady v New York State Public Employment Relations Board (PERB), 136 AD3d 1086
Leave to appeal granted by Court of Appeals,

Issue: Did the Taylor Law, as codified in Civil Service Law Article 14, supersede Article 9 of the Second Class Cities Law thereby making City of Schenectady's police disciplinary procedure a mandatory subject of collective bargaining?

Supreme Court, Albany County, among other things, dismissed Schenectady's CPLR Article 78 application to review a determination of PERB finding that Schenectady's police disciplinary procedures were a mandatory subject of collective bargaining. The Appellate Division affirmed. [See, also, Matter of Patrolmen's Benevolent Assn. of City of N.Y., Inc. v New York State Pub. Empl. Relations Bd., 6 NY3d 563 and Matter of Town of Wallkill v Civil Serv. Empls. Assn., Inc. (Local 1000, AFSCME, AFL-CIO, Town Of Wallkill Police Dept. Unit, Orange County Local 836), 19 NY3d 1066.] 

Offsetting the loss of future pension benefits
Andino v Mills, 135 AD3d 407
Leave to appeal granted by Appellate Division

Issue: Did the Appellate Division correctly hold that, under Oden v Chemung County Indus. Dev. Agency, 87 NY2d 81, the jury's award for future loss of pension benefits should have been offset by the total amount that plaintiff was projected to receive under her accidental disability pension?

Supreme Court, Bronx County, after a hearing, denied defendants' motion for a collateral source offset pursuant to CPLR 4545; thereafter, Supreme Court, upon a jury verdict, awarded plaintiff the principal sums of $600,000 for past pain and suffering, $23,000,000 for future pain and suffering over 37 years, $283,422 for past lost earnings, $2,392,512 for future lost earnings over 19.24 years, $2,100,000 for future medical expenses over 37 years, and $2,490,829 for future loss of pension over 17.7 years; App. Div. modified to grant that portion of defendants' motion seeking to offset the jury's award of future pension benefits by the amount of plaintiff's accidental disability benefits, and to vacate the award for future pain and suffering and order a new trial as to such damages, unless plaintiff, within 30 days of service of a copy of the order with notice of entry, stipulated to accept a reduced award for future pain and suffering in the amount of $2.7 million and to entry of an amended judgment in accordance therewith, and otherwise affirmed.



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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