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.

Feb 10, 2023

Removing a tenured State or municipal employee alleged to have abandonment the position from service

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New York State Civil Service Rule 4 NYCRR 5.3(d), since repealed, permitted the appointing authority of a State department or agency employe...
Feb 9, 2023

The finding of an unwarranted invasion of privacy an exception to disclosure of medical records pursuant to New York State's Freedom of Information Law

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In this appeal the Appellate Division held that Supreme Court had properly determined that an exception to New York State's Freedom of I...
Feb 8, 2023

Retired county police officer alleged to have taken unlawful pension benefits from the New York State and Local Retirement System

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On February 7, 2023, New York State Comptroller Thomas P. DiNapoli and Ulster County District Attorney David J. Clegg announced the indict...
Feb 7, 2023

Employer's motion to confirm an arbitration award granted

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The Appellate Division affirmed Supreme Court's denial of the Respondent union's cross motion to vacate the arbitration award, expla...
Feb 4, 2023

Compelling disclosure of records pursuant the New York State's Freedom of Information Law

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  Matter of Puig v New York State Police 2023 NY Slip Op 00258 Decided on January 19, 2023 ...
Feb 2, 2023

Concerning confirming or vacating an arbitration award

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Noting that judicial review of arbitration awards is limited, the Appellate Division indicated an arbitration award would be vacated: 1. W...
Feb 1, 2023

Follow-up on reports concerning school districts facing "fiscal stress"

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New York State Comptroller Thomas P. DiNapoli reports school districts designated in fiscal stress dropped to record lows largely due to aid...
Jan 31, 2023

Characteristics of a hostile work environment for the purposes of litigating claims brought pursuant to 42 U.S.C. §1983

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To prevail in a “hostile work environment” action brought pursuant to 42 U.S.C. §1983  the Plaintiff must set out claims alleging racial dis...
Jan 30, 2023

Applying the Doctrine of Res Judicata

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Federal district court dismissed Plaintiff's cause of action pursuant to the doctrine of res judicata .  The U. S. Circuit Court of Appe...
Jan 27, 2023

Report by New York State Comptroller issued January 25, 2023 identifies school districts in fiscal stress

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Fourteen school districts statewide were designated in some level of fiscal stress under State Comptroller Thomas P. DiNapoli’s Fiscal Stre...
Jan 26, 2023

Amending the New York State Assembly maps

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The Appellate Division, First Department, affirming an order entered by Supreme Court Justice Laurence L. Love which, to the extent appealed...
Jan 25, 2023

New York State Comptroller Thomas D. DiNapoli releases audits

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On January 24, 2023 , following audits were issued by State Comptroller DiNapoli: Click on the text highlighted in color to access the fu...
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