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 15, 2023

Rejection of demands for additional compensation for work performed pursuant a contract

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Rejection of demands for additional compensation for work performed pursuant a contract to remediate and digitize documents damaged by flood...
Apr 14, 2023

Requirements to establish a prima facie case of the employer's failure to provide a reasonable accommodatition of an employee's disability

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To establish a prima facie case of an employer's failure to accommodate an employee's disability within the meaning of the Americ...
Apr 13, 2023

Exhaustion of administrative remedies

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It is clear that New York courts, as a general rule, will not consider lawsuits filed by an aggrieved Plaintive protesting some administrati...
Apr 12, 2023

Employment Opportunities with the New York State Department of Education

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The New York State Department of Educations invites those interested in employment with Department to explore its current job and career opp...

Appeal pursuant to New York State's Dignity for All Students Act submitted to the Commissioner of Education

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New York State's Dignity for All Students Act * [DASA] prohibits harassment and bullying in public schools.  DASA defines “harassment” ...
Apr 11, 2023

Deeming an employee's unauthorized work absences from work "a voluntary resignation"

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The employer had deemed the employee's unauthorized work absences from work "a voluntary resignation from his employment" and...
Apr 6, 2023

Applicant's claim for workers' compensation benefits based on his alleged participation in the "9-11 World Trade Center rescue, recovery or cleanup operations" denied

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On September 11, 2001, petitioner [Claimant] was employed as a budget analyst for the New York City Office of Management and Budget [OMB]. I...
Apr 5, 2023

Applicant for accidental disability retirement benefits must show the event resulting in the injury was not a risk inherent in the work being performed

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A police officer [Officer] suffered a number of injuries when he fell while descending a staircase in his precinct. Officer's applicatio...
Apr 4, 2023

Challenging an arbitration award based on allegations that award failed to meet the standards of finality and definiteness

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Arguing that an arbitration should be vacated because it failed to meet the standards of finality and definiteness required by CPLR Article ...
Apr 3, 2023

New York State Public Employment Relations Board's dismissal of the Petitioner's unfair labor practice charge against her union sustained

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PERB concluded that the United Federation of Teachers [UFT] did not breach its duty of fair representation when it declined to demand Pe...
Apr 2, 2023

Former clerk/treasurer of village pleads guilty to stealing over $70k from village

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On March 31, 2023, State Comptroller Thomas P. DiNapoli, St. Lawrence County District Attorney Gary Pasqua and the New York State Police...
Mar 31, 2023

Eligibility for health insurance benefits provided by the New York State Employees' Health Insurance Program [NYSHIP] upon retirement where there is a lapse in NYSHIP coverage prior to retirement

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In 1976 the City of Mount Vernon adopted the following resolution: "RESOLVED, that the City of Mount Vernon hereby elects to contribute...
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