Nov 29, 2019

The lawfulness of subpoenas issued by the House Committee on Financial Services and the House Permanent Select Committee on Intelligence

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This appeal raises an important issue concerning the investigative authority of two committees of the United States House of Representatives...
Nov 22, 2019

Public officer is removed from the position by operation of law should he fail to timely file his oath of office upon appointment or reappointment

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§30.1[h] of the Public Officers Law, "Creation    of vacancies," provides, in pertinent part, that an office shall be vacant upon ...
Nov 21, 2019

Court's dismissal of one or more specification set out in a disciplinary charge requires remanding the matter to the appointing authority for reconsideration of the disciplinary penalty imposed on the employee

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The appointing authority filed disciplinary charges against a public safety dispatcher [Petitioner] pursuant to Civil Service Law §75. Charg...
Nov 20, 2019

State Joint Commission on Public Ethics sued by individual claiming not to be a lobbyist and thus not subject to the filing requirements applicable to professional lobbyists

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§1-c of Article 1-A of the Legislative Law, the Lobbying Act, provides as follows:  "As used in this article unless the context otherwi...
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 ...