Aug 18, 2020

Absent a statutory basis for a public referendum there is no clear legal right to a court's granting an order in the nature of mandamus to compel the holding of a public referendum

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Qualified electors of a Town [Plaintiffs] filed a proceeding pursuant to CPLR Article 78   seeking a court order in the nature of mandamus...
Aug 17, 2020

A disciplinary penalty should not be set aside by a court where it is not irrational and does not shock the conscience

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The appointing authority [School District] filed disciplinary charges alleging various instances of misconduct against a tenured teacher [...
Aug 13, 2020

Restoration to the payroll following an employee's being suspended without pay after being served with disciplinary charges

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The appointing authority terminated an employee [Plaintiff] following a §75 hearing. Plaintiff challenged his termination and the Appellate ...
Aug 12, 2020

Agency's decision to revoke Plaintiff's driver's license held to be an arbitrary and capricious action under the circumstances

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Plaintiff's driver's license was revoked by the New York State Department of Motor Vehicles [DMV] based on a 24-year-old default c...
Aug 11, 2020

Court dismissed employee's petition seeking reinstatement to her former employment in the absence of her showing "irreparable harm"

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A former New York State Police officer [Plaintiff] sued her former employer, the Division of State Police [DSP] and certain named DSP employ...
Aug 10, 2020

Processing Freedom of Information Law requests where the materials sought are exempt from disclosure pursuant to state statute

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An individual [Plaintiff] submitted a Freedom of Information Law * request  seeking photographs and a copy of medical records held by the ...
Aug 9, 2020

New York State Governor Andrew M. Cuomo announces recent administration appointments

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On August 7, 2020 , Governor Andrew M. Cuomo today announced the following new appointments to his administration:   Peter Ajemian has be...
Aug 8, 2020

School district and local government audits issued by New York State Comptroller Thomas P. DiNapoli

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On August 8, 2020 New York State Comptroller Thomas P. DiNapoli announced the following school district and local government audits were ...
Aug 7, 2020

Addressing claims to a benefit set out in a collective bargaining agreement based on a scrivener's error corrected by the parties to a collective bargaining agreement

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The individuals [Plaintiffs] in this action were formerly employed by the School District [District]. Plaintiffs were in a collective barga...
Aug 6, 2020

Preparing for the 2020-2021 School Year

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Harris Beach attorneys recently led webinars on two important and timely t...

The court, rather than the arbitrator, is to determine if the grievance at issue was timely served and if all procedural steps were timely satisfied

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The genesis of this action was a grievance filed by the Union on behalf of a Village firefighter who was denied General Municipal Law §207-a...
Aug 5, 2020

New York State's Governor Andrew M. Cuomo to chair the virtual summer meeting of the National Governors Association

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On August 5, 2020 Governor Andrew M. Cuomo was selected to serve as Chair of the National Governors Association during its virtual 2020 Su...