Feb 10, 2020

New York State Comptroller releases audits of various public entities

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On February 10, 2020, New York State Comptroller Thomas P. DiNapoli issued the following audits. Click on the text in blue to access the fu...
Feb 9, 2020

Contaminants of Emergent Concern discussed at New York State Bar Association meeting

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Dr. Robert A. Michaels, NYPER's Environmental Science Consultant,  made an invited presentation to the New York State Bar Association, E...
Feb 7, 2020

Employee found to have acted unprofessionally terminated from the position

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A Triborough Bridge and Tunnel Authority Bridge and Tunnel Officer (“BTO”) served with disciplinary charges was found to have acted unprofes...
Feb 6, 2020

New York - New Jersey Port Authority subject to New York State's Labor Law

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The Appellate Division sustained a Supreme Court ruling that rejected the New York-New Jersey Port Authority's arguments that as a bi-st...
Feb 5, 2020

A retired member is required to repay pension benefits mistakenly paid to him by the New York State Employees Retirement System

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The Petitioner in this CPLR Article 78 action began working as an engineer for the New York Power Authority in March 1980. In order increase...
Feb 4, 2020

Applying the Doctrine of res judicata

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Plaintiffs brought a putative class action against their employer, the New York City Housing Authority [“NYCHA”], and their labor union, Def...
Feb 3, 2020

A retirement is involuntary when the claimant's disability caused or contributed to the retirement

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A police officer [Claimant] suffered and injury to his lower back while working as a police officer in 2012 and never returned to work. Clai...

Employee disciplined for allegedly violating agency rules

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A New York City sanitation worker [Worker] was found to have violated agency rules by being absent without leave, improperly taking emergenc...
Jan 31, 2020

Seeking a court order limiting the scope of a public official's inquiry

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The Nassau County Comptroller' issued a press release announcing the audit of the "finances and operation" of the Town of Hemp...
Jan 30, 2020

Applying the "relations back" doctrine in an Article 78 action to cure a respondent's claim that the petition was untimely filed

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The petitioners in this CPLR Article 78 action relied on the "relations back" doctrine for the purposes the court having assume ju...
Jan 29, 2020

An Article 78 petitioner is not aggrieved by an administrative determination made following petitioner's default and may not seek to review such a determination

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Supreme Court dismissed the Petitioner's CPLR Article 78 action seeking a review of a determination by the Commissioner of Education [Co...
Jan 28, 2020

Selective selection for appointment by sex permitted under certain circumstances

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The Plaintiff in this  action sought a declaration that the Defendants' failure to consider and appoint female candidate on the eligibl...