The Appellate Division sustained the appointing authority's determination that the petitioner in this CPLR Article 78 action committed fraud in his employment application by providing answers to questions under penalties of perjury that were not truthful when petitioner represented that he had never resigned from a previous job to avoid disciplinary action or dismissal, explaining that the revocation of the employee's certification for appointment more than three years after the effective date of his permanent appointment to his position was unavailing as that "statute of limitations" does not control in situation involving such a fraud on the part of the appointee.
Click HERE to access the text of the Appellate Division's ruling in this matter.Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
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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.
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