May 14, 2021

Giving effect to the plain meaning of the relevant statutory language is the clearest indicator of legislative intent

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A County correction officer [Petitioner] assigned to the core central desk at the county jail, applied for performance of duty disability re...
May 13, 2021

Court finds dismissal of a teacher during her probationary period supported by documentary evidence, performance evaluations and the existence of attendance issues

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Supreme Court denied the CPLR Article 78 petition filed by a New York City probationary teacher [Plaintiff] seeking a court order annulling ...
May 11, 2021

Adopting disciplinary procedures applicable to a town's police officers pursuant to §155 of the Town Law

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An employee organization [Union] brought a CPLR Article 78 proceeding seeking dismissal of disciplinary charges filed against a police offic...
May 10, 2021

Free webinar on Reporting Election Workers Earnings

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The Tax Exempt and Government Entities Division invites interested readers to register to watch the free webinar on Reporting Election Wor...
May 8, 2021

Audits and reports issued during the week ending May 7, 2021 by the New York State Comptroller

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New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending May 7, 2021. Cl...
May 7, 2021

Commissioner of Education dismissed §310 appeal naming teachers' association president as a respondent "for lack of jurisdiction"

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Plaintiff filed a §310 Education Law petition challenge certain school district hiring practices. The petition named the board of education ...
May 6, 2021

Sheriffs have the powers accorded police officers under the Criminal Procedure Law but are not mandated to get police officer training [Opinions of the Attorney General 2021-F-1]

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The Criminal Procedure Law, granting police officer powers, includes sheriffs in its definition of “police officer,” while the Civil Service...
May 5, 2021

County's False Alarm Law alleged to violate the due process rights of alarm owners

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Federal District court dismissed Plaintiff's law suit against the County defendant upon concluding that the County ’s False Alarm Law [1...
May 4, 2021

Accessing the New York State Workers' Compensation Board's latest information via social media

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Did you know the New York State Workers' Compensation Board [WCB] is available on social media?  For the latest WCB and NY Paid Family ...

Court rules appointing authority's imposing the disciplinary penalty of termination "shocking to one's sense of fairness" under the circumstances

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Petitioner in this CPLR Article 78 proceeding challenged the appointing authority's [Town] dismissing her from her position with the Tow...
May 3, 2021

If, in the course of collective negotiations, the parties agree to certain terms until "an agreement is reached by the parties," such terms become inoperative when the contemplated agreement between the parties is reached

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Supreme Court granted the motion submitted by Board of Education of the City of New York [DOE] to dismiss a hybrid CPLR Article 78 proceedi...
May 1, 2021

Audits and reports issued during the week ending April 30, 2021 by the New York State Comptroller

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New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending April 30, 2021....