Apr 9, 2019

Health insurance benefits set out in collective bargaining agreement found to have survived expiration of agreement and the employee's resignation

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The plaintiff [Petitioner] in this action was initially employed by the City of Lockport [ Lockport ] in a position in a collective bargain...
Apr 8, 2019

Property owner liable if a firefighter is injured in the line of duty due to the owner's failure to comply with law, rule or regulation that resulted in the injury

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General Municipal Law §205-a "gives a firefighter . . . a right of action against any person whose negligent failure to comply with a g...
Apr 6, 2019

Selected cases noted in the press during the week ending April 6, 2019

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A federal judge has ruled there is no coverage under a homeowners' insurance policy for a minor's allegations of sexual misconduct a...

Immigration attorneys are available to help immigrants across state

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Governor Cuomo has announced that 19 full-time attorneys,  working in conjunction with Office for New Americans Opportunity Centers,  have b...

New York State Comptroller Thomas P. DiNapoli announced the following audits were issued during the week ending April 5, 2019

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  Links to material posted on the Internet highlighted in  COLOR Department of Financial Services (DFS): Oversight of the Title Insurance In...
Apr 5, 2019

Criminal prosecutor's claim of absolute immunity depends on the nature of the function he or she performed

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Whether a prosecutor is entitled to absolute immunity for specific actions “depends principally on the nature of the function performed.” In...
Apr 4, 2019

Rights to free speech and, or, academic freedom not offended by requiring a candidate for a teaching position to demonstration his or her teaching skills

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The petitioner [Plaintiff] in this action appealed the federal district court's dismissal of his claims that members of a hiring committ...
Apr 3, 2019

Supplemental Military Leave: benefits for officers and employees of the State of New York as the employer

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NO HEARING SCHEDULED This proposed amendment to the Attendance Rules for Employees in New York State Departments and Institutions is a conse...

Determining an educator's "seniority" for the purposes of reinstatement from a preferred list

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In the event teaching positions are consolidated or abolished by a school district or a BOCES the services of the teacher having the least s...
Apr 2, 2019

Challenging the denial of an application for New York State and Local Retirement System disability retirement benefits

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There are three basic issues to be mindful of when challenging the denial of an application for disability benefits submitted by a member of...
Apr 1, 2019

Arbitrability of a job security provision set out in a collective bargaining agreement

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Supreme Court granted the petition filed by the City of Watertown Fire Department seeking a permanent stay of arbitration of a grievance fi...
Mar 30, 2019

April 2019 AELE publication alert

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The April 2019 issue of AELE's  Fire, Police and Corrections Personnel Reporter  is now available online. It includes material concernin...