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.

Oct 20, 2023

Municipal and School Audits released by New York State Comptroller Thomas P. DiNapoli

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On October 18, 2023 New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were issued. ...

Former Town of Marion court clerk sentenced to jail, ordered to pay more than $59,000 in restitution

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On October 18, ,2023, New York State Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and Acting Superint...
Oct 19, 2023

Probationary employee challenges termination from employment without a hearing

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The petitioner [Educator] in this CPLR Article 78 action contended that her termination by the school district [District] without a hearin...
Oct 18, 2023

Establishing affirmative defenses to alleged pay-discrimination claims brought pursuant to Federal and New York State laws

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In ANITA EISENHAUER v. CULINARY INSTITUTE OF AMERICA, [21-2919-cv], decided October 17, 2023, United States Circuit Court [ Second Circuit]...
Oct 17, 2023

Determinations by certain other entities not binding on a retirement system's medical board if the medical board's decision is supported by substantial evidence

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Supreme Court denied Plaintiff's petition to annul Medical Board's determination rejecting Petitioner's application for accide...
Oct 16, 2023

The "Pell doctrine" applied in judicial review of the penalty imposed on a public employee found guilty of disciplinary charges

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The determination of appointing authority [Employer] terminating Petitioner's employment based on the report and recommendation of an ...
Oct 14, 2023

From the Blogs for the week ending October 13, 2023

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How Can Local Governments Safely Use Generative AI? A new task force formed by MetroLab is seeking to explore this question, doing so...
Oct 13, 2023

Judicial review of a determination denying a petitioner's application for performance of duty disability retirement benefits

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Petitioner, a police officer, filed an application for performance of duty disability retirement benefits, alleging that he was permanently ...
Oct 12, 2023

Paid Family Leave for employees of the State in Managerial or Confidential positions

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This addition to 4 NYCRR 28-1.19 provides for a grant of up to twelve weeks of paid family leave for a "qualifying event" to eligi...

Elements considered by courts in actions seeking to vacate an arbitration award

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In a proceeding pursuant to CPLR Article 75 to vacate an arbitration award, the Petitioner appealed from a judgment of the Supreme Court d...
Oct 11, 2023

An invitation to join the New York State Comptroller's team

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The New York State Comptroller's office employs over 2,700 public servants statewide who are dedicated to ensuring taxpayer dollars ar...
Oct 10, 2023

Appeal to the Commissioner of Education pursuant to §306 of the Education Law dismissed as untimely, for lack of proper service and for lack of jurisdiction

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The Petitioner in this action asked the Commissioner of Education to remove the President of the school district's Board of Education pu...
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