Nov 19, 2019

A work-related injury resulting from a concealed cause of the individual's fall may constitute an accident within the meaning of Retirement and Social Security Law

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A police officer [Petitioner] exited his patrol car and began walking toward the scene of a third accident in the immediate area when he ste...
Nov 18, 2019

The distinction between the internal operations and conduct affecting external relations of an Interstate Compact Commission is critical in determining areas permitting unilateral State action and those requiring bilateral State action

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The Port Authority of New York and New Jersey [Port Authority] is an interstate compact agency and thus is not subject to New York legisla...
Nov 15, 2019

The U.S. First Circuit Court of Appeals limits the reach of Janus in public union representation case

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In an article captioned "First Circuit Limits Reach of Janus in Public Union Representation Case," Joseph Fawbush, Esq.  notes tha...

Cost-of-Living Adjustments Limits for 2020

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The Internal Revenue Service [IRS] has released the 2020 COLA limits for retirement plans and IRAs indicating the contribution, deferral an...

As a general rule, where there is a reasonable relationship of a grievance and the general subject matter of the collective bargaining agreement the dispute is arbitrable

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This litigation involved a dispute between the City of Yonkers [City], and Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO [Local 628], con...
Nov 14, 2019

Courts should not "second guess" the format or the methods used in designing and using civil service examinations where the method chosen meets the mandates of the Constitution and statutes

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The New York City Department of Citywide Administrative Services [DCAS]   included 20 "research questions" in an examination for A...
Nov 13, 2019

The Restoration of Honor Act gives certain military veterans denied an honorable discharge from military service the right to apply for New York State veterans' benefits

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On November 12, 2019, Governor Andrew M. Cuomo signed legislation enacting The Restoration of Honor Act, * giving LGBTQ veterans who were d...
Nov 12, 2019

Supreme Court's granting Defendant's pre-answer, pre-discovery motion dismissing Plaintiff's CPLR Article 78 action alleging unlawful discrimination reversed "on the law"

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An educator [Plaintiff] filed a CPLR Article 78 petition alleging that he had suffered various act of unlawful discrimination as the result ...
Nov 8, 2019

Fungal risk vectors in the context of climate change

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Below an abstract of an article by Dr. Robert Michaels [ bam@ramtrac.com ] recently published in the Environmental Claims Journal addressing...

Prosecuting whistleblower lawsuits brought pursuant to the federal False Claims Act

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A qui tam lawsuit, typically called a whistleblower  lawsuit, is brought under the False Claims Act, [FCA], 31 U.S.C. §3729, et. seq. The F...
Nov 7, 2019

Application for renewal of a certification rejected on the grounds that the applicant made material false statements and demonstrated poor moral character

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New York City Department of Buildings denied the request submitted by an applicant [Petitioner] to renew his Site Safety Coordinator (SSC) c...
Nov 6, 2019

New York State Comptroller Thomas P. DiNapoli issues audits and examinations

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On November 6, 2019 New York State Comptroller Thomas P. DiNapoli announced the following audits and examinations had been issued. Click o...