New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Apr 27, 2022

Claimant's failing to report work performed while receiving workers' compensation benefits results in his permanent disqualification from receiving future benefits

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A claimant for Workers' Compensation Benefits [Claimant] appealed a decision of the Workers' Compensation Board which, among other t...
Apr 26, 2022

Employee found guilty of charges of excessive absences from work and latenesses terminated from the position

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In this CPLR Article 78 action challenging the termination of an employee found guilty of incompetence and misconduct due to excessive absen...
Apr 25, 2022

Determining if a statement alleged to have been made by a party constitutes defamation of a public entity or it members for the purposed of litigation

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The members of a town planning board [Board] commenced a lawsuit in Supreme Court to recover damages claimed to have resulted from allegedly...
Apr 23, 2022

Audits and reports issued by the New York State Comptroller during the week ending April 22, 2022

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New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending April 22, 2022:...
Apr 22, 2022

Searching for "Abandoned Property" received by the State Comptroller

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Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and oth...
Apr 21, 2022

Terminating a probationary employee without a hearing

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Supreme Court rejected Plaintiff's the petition to annul the determination of New York City Department of Education [DOE] which disconti...
Apr 20, 2022

Former Town of Beekman tax collector pleads guilty to embezzling $86,000 for personal expenses

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On April 20, 2022 New York State Comptroller Thomas P. DiNapoli announced that Jennifer Colucci, 41, of Hopewell Junction, pleaded guilty to...
Apr 19, 2022

Corruption, fraud, or misconduct in procuring an arbitration award

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Supreme Court denied a petition to confirm an arbitration award under color of CPLR §7511.   §7511 of the CPLR provides, in pertinent part...
Apr 18, 2022

Defendant admits to stealing in excess of $51,000 of her deceased mother’s pension

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New York State Comptroller Thomas P. DiNapoli and Orange County District Attorney David M. Hoovler announced that on Thursday, April 14, 202...
Apr 13, 2022

New York State's Comptroller releases fiscal stress scores for certain New York State villages and cities

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On April 13, 2022 New York State Comptroller Thomas P. DiNapoli announced that 10 villages and two cities have been designated as being in...
Apr 12, 2022

Correcting the "fall-out" resulting from a wrongful termination

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A former police officer became ineligible to file for service retirement benefits when she was wrongfully terminated from her position.   Al...
Apr 9, 2022

Audits and reports issued by the New York State Comptroller during the week ending April 8, 2022

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New York State Comptroller Thomas P. DiNapoli announced the following audits have been issued during the week ending April 8, 2022:  Clic...
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