New York Public Personnel Law

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.

Jun 17, 2016

The Doctrine of Election of Remedies bars an individual from attempting to litigate a matter involving the same issue earlier adjudicated in a different forum

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The Doctrine of Election of Remedies bars an individual from attempting to litigate a matter involving the same issue earlier adjudicated in...
Jun 16, 2016

Consolidation of Investigator titles in State Department and Agencies

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Consolidation of Investigator titles in State Department and Agencies New York State Department of Civil Service   General Information Bulle...

Reimbursment of Medicare premiums paid by retirees participating in their former employer’s health insurance plan

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Supreme Court, Broome County, granted Theodora Q. Bryant’s CPLR Article 78 application to annul a determination of Chenango Forks Central Sc...

Health insurance company’s claim for reimbursement for certain medical cost it incurred from a “no fault” automobile insurance carrier denied

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Health insurance company’s claim for reimbursement for certain medical cost it incurred from the “no fault” automobile insurance carrier den...
Jun 14, 2016

The term “race” includes ethnicity for purposes of 42 USC 1981 and Title VII

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The term “ race” includes ethnicity for purposes of 42 USC 1981 and Title VII Village of Freeport and Andrew Hardwick v Barrella, USCA, Seco...
Jun 13, 2016

Exhausting administrative remedies

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Exhausting administrative remedies Ross v Blake, USSC, Docket No. 15-339 This decision by the United States Supreme Court considered an appe...

Selected reports issued by the Office of the State Comptroller during the week ending June 11, 2016

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Selected reports issued by the Office of the State Comptroller during the week ending June 11, 2016 Click on text highlighted in color to...
Jun 10, 2016

New York’s Freedom of Information Law does not permit the custodian of the records to routinely charge for employee time spent searching for documents responsive to a FOIL request

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New York’s Freedom of Information Law does not permit the custodian of the records to routinely charge for employee time spent searching for...
Jun 9, 2016

If an employee engaged in repeated acts constituting disloyalty to the employer, forfeiture of compensation and benefits is warranted under the Faithless Servant Doctrine

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If an employee engaged in repeated acts constituting disloyalty to the employer, forfeiture of compensation and benefits is warranted under...
Jun 8, 2016

An eligible list found to be invalid prior to its "expiration" had no legal existence and thus it could not have "expired," permitting the establishment of a "corrected' list"

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An eligible list found to be invalid prior to its "expiration" had no legal existence and thus it could not have "expired,...
Jun 7, 2016

Responding to a Freedom of Information Law request by neither confirming nor denying the existence of such information or data

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Responding to a Freedom of Information Law request by neither confirming nor denying the existence of such information or data Abdur-Rashid ...
Jun 6, 2016

A General Municipal Law §207-a(2) salary supplement becomes payable by the employer upon a firefighters retirement with accidental or line of duty disability benefits

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A General Municipal Law §207-a(2) salary supplement becomes payable by the employer upon a firefighters retirement with accidental or line o...
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