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

March 29, 2019

A party not the individual's employer may not be held liable alleged adverse employment actions


The Appellate Division unanimously affirmed Supreme Court's granting the defendant's motion to dismiss Petitioner's complaint, explaining that Plaintiff's allegations relating to disability retirement recommendations of the Police Pension Fund's Medical Board are misdirected as [a] the Police Pension Fund is a corporate entity independent and distinct from the police department or the City of New York and [b] is not Plaintiff's employer.

Accordingly, the Appellate Division opined that "Defendants cannot be held liable for the Police Pension Fund's alleged adverse employment actions." 

Other procedural defects noted by the Appellate Division:

1. Petitioner's allegations of employment discrimination based on events that occurred before April 8, 2011 are time-barred under the applicable three-year statute of limitations [see CPLR 214[2]; Administrative Code of City of NY § 8-502[d] and the Continuous Violation Doctrine does not apply in this instance; and

2. Plaintiff's timely allegations fail to state viable claims sounding in unlawful employment discrimination.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_09027.htm


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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.
New York Public Personnel Law. Email: publications@nycap.rr.com