Aug 18, 2020

Absent a statutory basis for a public referendum there is no clear legal right to a court's granting an order in the nature of mandamus to compel the holding of a public referendum

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Qualified electors of a Town [Plaintiffs] filed a proceeding pursuant to CPLR Article 78   seeking a court order in the nature of mandamus...
Aug 17, 2020

A disciplinary penalty should not be set aside by a court where it is not irrational and does not shock the conscience

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The appointing authority [School District] filed disciplinary charges alleging various instances of misconduct against a tenured teacher [...
Aug 13, 2020

Restoration to the payroll following an employee's being suspended without pay after being served with disciplinary charges

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The appointing authority terminated an employee [Plaintiff] following a §75 hearing. Plaintiff challenged his termination and the Appellate ...
Aug 12, 2020

Agency's decision to revoke Plaintiff's driver's license held to be an arbitrary and capricious action under the circumstances

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Plaintiff's driver's license was revoked by the New York State Department of Motor Vehicles [DMV] based on a 24-year-old default c...
Aug 11, 2020

Court dismissed employee's petition seeking reinstatement to her former employment in the absence of her showing "irreparable harm"

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A former New York State Police officer [Plaintiff] sued her former employer, the Division of State Police [DSP] and certain named DSP employ...