A listing of case summaries by date posted is set out in the sidebar. TO SEARCH this LawBlog's more that 5,000 case summaries type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.
N.B. §22 of 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 typically follows this protocol.
NYPPL's most recent posting is set out below.
July 31, 2019
New York State Governor Andrew M. Cuomo signed bill limiting educational institutions' power to authorize the possession of a weapon on school grounds
View at: http://www.aele.org/law/2019all08/LR2019AUG.html
View at: http://www.aele.org/law/2019all08/FP2019AUG.html
View at: http://www.aele.org/law/2019all08/JB2019AUG.html
Appointing authority rejects hearing officer's recommendation to continue benefits being provided police officer pursuant to General Municipal Law §207-c after the police officer suffered a job-related injury
The petitioner [Police Officer] in this CPLR Article 78 action suffered a job-related injury and was granted benefits pursuant to General Municipal Law §207-c* by the appointing authority Subsequently Police Officer returned to work on a light-duty assignment and later was examined by a physician on behalf of the appointing authority. The physician reported that Police Officer was capable of returning to work on full duty as a police officer without restrictions.
Workers' Compensation Board rejected a claimant's application for review of a Workers' Compensation Law Judge's decision because it was not filled out completely
July 30, 2019
As the Town had decided that Plaintiff was an employee hired after December 31, 2014, triggering her being required to pay a 15% health insurance premium contribution, Plaintiff first felt the impact of this administrative determination upon receiving her first paycheck issued to her in April 2015, more than two years before Plaintiff filed her Article 78 petition, the Appellate Division opined that "[e]ach subsequent paycheck deduction 'represent[ed] the consequences of [that allegedly] wrongful act in the form of continuing damages,' and was not an independent wrong in itself."
July 29, 2019
Attaining tenure in a position is conditioned on the appointee being deemed to have completed the required probationary period
Dismissing their appeal, the Court of Appeals first affirmed the principle that "... the employment of a probationary employee may be terminated at the end of the probationary term without a hearing and without specific reasons being stated."
** See https://publicpersonnellaw.blogspot.com/2013/07/tenure-by-estoppel-tenure-by.html
July 27, 2019
Determining the date on which the four month statute of limitations for filing a timely CPLR Article 78 action begins to run
New York State's Student Intern Program exposes next generation of leaders to careers in public service
July 26, 2019
If a party objects to arbitrating a provision in a Taylor Law collective bargaining agreement courts will require a showing that it is lawful to arbitrate the dispute and that the parties agreed to arbitrate such a dispute
July 25, 2019
New York State's State Comptroller Thomas P. DiNapoli finds schools falling short on emergency planning
These entities include: Argyle Central School District, Candor Central School District, Commack Union Free School District, East Meadow Union Free School District, Fayetteville-Manlius Central School District, Genesee Community Charter School, Green Tech High Charter School, Haverstraw-Stony Point Central School District, Hendrick Hudson Central School District, Indian River Central School District, Lancaster Central School District, Levittown Union Free School District, Longwood Central School District, Naples Central School District, Niagara Falls City School District, Port Chester-Rye Union Free School District, Schenectady City School District, Syracuse City School District, and Wappingers Central School District.
Audit of State Education Department Oversight (released in April): https://www.osc.state.ny.us/audits/allaudits/093019/sga-2019-18s34.pdf.
Candidate for election to a public office alleges he was the target of defamatory statements made on "Facebook" and on another Internet website by a competitor seeking election to the same office
Defamatory statements made on "Facebook" and on another Internet website alleged by candidate for elective office
July 24, 2019
Determining the appropriate "judicial scrutiny standard" when considering an application to vacate an arbitration award
The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in
A Reasonable Disciplinary Penalty Under the Circumstances - Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html
Disability Benefits for fire, police and other public sector personnel - Addresses retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information click on http://booklocker.com/books/3916.html
The Layoff, Preferred List and Reinstatement Manual -Focusing on relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
SELECTED REFERENCES and BLOGS
- A Handbook addressing disciplining public employees
- A Handbook focusing on imposing reasonable disciplinary penalties
- A Handbook focusing on layoff and reinstatement
- A Handbook on Disability Benefits for public employees
- A sample personnel handbook
- Blogging Administrative Law
- Blogging Civil Rights Law
- Blogging Constitutional Law
- Blogging Disability Law
- Blogging Education Law
- Blogging Employment Law
- Blogging Government Law
- Blogging Human Rights Law
- Blogging Legal Information
- Blogging Military Law
- Blogging public libraries
- Catalog of Law Blogs
- Challenging Adverse Personnel Decisions
- Delaware Employment Law Blog
- Gotham schools newsroom - A NYC school news blog
- New York City ERS blog - by John Murphy
- NY Municipalities - NYMUNIBLOG
- ReformNY - by NYU's Brennan Center for Justice
- St. Lawrence County Civil Service Web Site
Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, REMEMBER THAT CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG.
THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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 in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.
New York Public Personnel Law Copyright© 1987 - 2020
E-mail inquiries to email@example.com
Text prepared by Harvey Randall except as otherwise noted. Randall, former Principal Attorney, New York State Department of Civil Service, also served as Director of Personnel for the State University System; as Director of Research, Governor’s Office of Employee Relations; and as Staff Judge Advocate General, New York Guard. He has an MPA from the Maxwell School, Syracuse University and a J.D. from Albany Law School.