Dec 11, 2020

Finding a reasonable relationship between the subject matter of a grievance and certain provisions set out in a collective bargaining agreement is often the key to submitting the dispute to arbitration

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The Yonkers City School District School Board [Board] and the Yonkers Federation of Teachers [YFT] were parties to a collective bargaining...
Dec 10, 2020

Court's decision demonstrates why lawyers should encrypt e-communications

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A court decision illustrating why lawyers [and others] should encrypt e-communications has been posted by N icole Black , a Rochester , New ...

The courts will not vacate an administrative decision unless the record shows that the decision was arbitrary, unreasonable, irrational or indicative of bad faith

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The genesis of this CPLR Article 78 action was a school board's [Board] decision to decommission 20 school buses and to privatize portio...
Dec 9, 2020

An appointing authority's refusal to participate does not prevent the hearing officer or arbitrator from holding the hearing in absentia and issuing a decision

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The New York State Department of Corrections and Community Supervision [DOC] served a notice of discipline on an employee [Individual] setti...
Dec 8, 2020

The exhaustion of administrative remedies is a prerequisite to initiating a judicial challenge to a final administrative decision

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Petitioner [Facility] in this CPLR Article 78 action to review a determination by the New York State Department of Health's Office of th...
Dec 7, 2020

An appointing authority may not require an employee to perform "out-of-title" work except in an emergency

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The Watertown Professional Firefighters' Association, Local 191 [Association] commenced this CPLR Article 78 proceeding, later converted...
Dec 5, 2020

The authority of a governor of New York State to grant individuals reprieves, commutations and pardons

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On October 16, 2018 , New York Governor Andrew M. Cuomo signed into law as Chapter 374 of the Laws of 2018 a bill permitting the "peop...
Dec 4, 2020

An erroneous statement by a public employee typically does not constitute misconduct sufficient to warrant applying the doctrine of estoppel

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Citing 8 NYCRR 279.4(a), the New York State Education Department's Office of State Review [OSR] dismissed the appeal submitted by a part...
Dec 3, 2020

Absences during an employee's probationary period typically extends the employee's probationary period for an equivalent period of time

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Section 5.28[b] of the Personnel Rules and Regulations of the City of New York (PRR §5.28[b])  provides that a probationary employee's p...
Dec 2, 2020

Considering a plaintiff's request to extend the time to serve a notice of claim on a municipal entity and its officers and employees

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A New York City Sanitation Department [DSNY] employee [Plaintiff] sustained injuries when he tripped and fell on a public sidewalk while wor...
Dec 1, 2020

An impartial arbitrator or hearing officer is essential to providing administrative due process

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Supreme Court vacated an arbitration award that had been made in the Employee's favor. The employee appealed Supreme Court's ruling....
Nov 30, 2020

New York State vs. COVID-19 -- November 30, 2020 Update

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On November 30, 2020 Governor Andrew M. Cuomo again updated New Yorkers on the state's progress in the ongoing COVID-19 pandemic. On N...