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.

Mar 15, 2023

Challenging a federal district court's granting the moving party's motion seeking summary judgment

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Plaintiff alleged the Defendant unlawfully terminated him and discriminated against him on the basis of his religion. Following the federal ...
Mar 14, 2023

The Doctrine of Legislative Equivalency

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The Doctrine of Legislative Equivalency, applied by the Court of Appeals in deciding the Torre case [Torre v County of Nassau, 86 NY2d 421...
Mar 13, 2023

Judicial review of a petition seeking the vacating of an arbitration award

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The Long Beach Professional Fire Fighters Association [Union] and the City of Long Beach [City] entered into a collective bargaining agreeme...
Mar 11, 2023

Public Personnel Law Handbooks - New York State and its political subdivisions

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The New York Public Personnel Law handbooks listed below are available for purchase from BookLocker.com, Inc. The Discipline Book - A co...

Executive Budget report issued by New York State Comptroller Thomas P. DiNapoli

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Click on text highlighted in color to access full text of the report   Despite the state’s economic recovery since the pandemic first hit t...
Mar 10, 2023

Terminating an employee in the Classified Service prior the employee's completion of his or her maximum period of probation

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The Appellate Division denied a petition of an employee [Plaintiff] seeking to annul the appointing authority's [Employer] decision to ...
Mar 9, 2023

Advisory Memorandum 2023-02, Special Military Benefits and Post-Discharge Benefits through December 31, 2023

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The Department of Civil Service has published the following Attendance and Leave Memorandum: Advisory Memorandum 2023-02, Memoranda of Under...
Mar 8, 2023

Applying the Doctrine of Estoppel to a public entity

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The Doctrine of Estoppel is sometime sought to be applied to a government entity in an effort to require or prevent the governmental entity ...
Mar 7, 2023

Eligibility of a school district employee for unemployment insurance benefits for the period between two successive academic years

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With respect to eligibility of employees of a school district for unemployment insurance benefits between "two successive academic year...
Mar 6, 2023

The claimant for workers' compensation benefits has the burden of showing the claimed occupational disease or injury resulted from a distinctive feature of employment

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Claimant [Plaintiff] had been employed by the New York City Transit Authority [NYCTA] for 33 years. She served as a railroad clerk until 19...
Mar 4, 2023

School district audits released by the New York State Comptroller during the week ending March 4, 2023

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On March 3, 2023 , following audits were issued by State Comptroller DiNapoli: Click on the text highlighted in color to access the full ...
Mar 3, 2023

A long career as an administrator and the absence of any prior disciplinary action found insufficient to mitigate the disciplinary penalty imposed, dismissal

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Petitioner was the administrator of the County's Adult Care Center [ACC], a nursing home. Following a disciplinary hearing, a Hearing O...
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