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State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at forward.ny.gov.
N.B. §22 of the 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 applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.
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
Public Personnel Law E-books
The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on https://booklocker.com/books/5215.html
A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on http://booklocker.com/books/7401.html
The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html