Determining if a settlement agreement is binding

A settlement agreement signed by an attorney may bind a client even where it exceeds the attorney's actual authority, if the attorney had apparent authority to enter into the agreement (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Popovic v New York City Health & Hosps. Corp., 180 AD2d 493 [1st Dept 1992]). Under the relevant circumstances in this action, plaintiffs' attorney had, at least, apparent authority to enter into the settlement agreement, and it is binding upon plaintiffs (see Hallock, 64 NY2d at 231). The Appellate Division also opined that plaintiffs implicitly ratified the settlement agreement by making no formal objection for nearly two years before asserting that the attorney's acceptance was unauthorized (see Hawkins v City of New York, 40 AD3d 327). Further, said the court, plaintiffs were unable to demonstrate that the settlement agreement was the result of fraud, collusion, or mistake. Click on the URL below to access this decision posted on the Internet:

https://www.nycourts.gov/reporter/3dseries/2023/2023_00174.htm

Touching all the bases when a union wishes to initiate litigation on behalf of its members

An organization such as a union wishing to file a claim on behalf of its members must:

[1] establish that it has organizational standing to bring such claim; 

[2] show that at least one of its members would have standing to sue; 

[3] that it is representative of the organizational purposes it asserts; and 

[4] that the case would not require the participation of individual members. 

Click on the URL below to access this decision posted on the Internet: https://www.nycourts.gov/reporter/3dseries/2022/2022_07484.htm

Demanding documents pursuant to New York State's Freedom of Information Law The New York's Freedom of Information Law [FOIL] requiring that documents requested pursuant Public Officers Law §89(3)(a) be "reasonably described" serves to enable an agency to locate and identify records in question and places the initial burden on the person or entity making a FOIL request to provide a reasonable description of the record[s] sought for this purpose. In the event the custodian of the record denies a FOIL request on this ground, the custodian bears the burden of establishing that the description[s] were insufficient for purposes of locating and identifying the document[s] sought. Click on the URL below to access this decision posted on the Internet: https://www.nycourts.gov/reporter/3dseries/2023/2023_00015.htm

 

 

Selected judicial and quasi-judicial decisions issued during the week ending January 7, 2023

Statute of limitations to initiate a §75 disciplinary action

Disciplinary proceedings brought under §75 of the Civil Service Law must generally be commenced within 18 months after the alleged misconduct occurred. A statutory exception, however, provides that the 18-month limitations period is inapplicable when the misconduct "would, if proved in a court of appropriate jurisdiction, constitute a crime". Click on the URL below to access this decision posted on the Internet: 

https://www.nycourts.gov/reporter/3dseries/2023/2023_00021.htm

Entities bringing a claim on behalf of its members

An organization such as a union wishing to file a claim on behalf of its members must [1] establish that it has organizational standing to bring such claim; [2] show that at least one of its members would have standing to sue; [3] that it is representative of the organizational purposes it asserts; and [4] that the case would not require the participation of individual members. Click on the URL below to access this decision posted on the Internet: 

https://www.nycourts.gov/reporter/3dseries/2022/2022_07484.htm

Substantial evidence

Substantial evidence is "a minimal standard that requires less than a preponderance of the evidence and demands only the existence of a rational basis in the record as a whole to support the findings upon which the determination is based" (see Matter of Blamah v New York Off. of the State Comptroller, 207 AD3d 905. Click on the URL below to access this decision posted on the Internet: 

https://www.nycourts.gov/reporter/3dseries/2023/2023_00021.htm

Demanding documents pursuant to New York State's Freedom of Information Law

The New York's Freedom of Information Law [FOIL] requiring that documents requested pursuant Public Officers Law §89(3)(a) be "reasonably described" serves to enable an agency to locate and identify records in question and places the initial burden on the person or entity making a FOIL request to provide a reasonable description of the record[s] sought for this purpose. In the event the custodian of the record denies a FOIL request on this ground, the custodian bears the burden of establishing that the description[s] were insufficient for purposes of locating and identifying the document[s] sought. Click on the URL below to access this decision posted on the Internet:

 https://www.nycourts.gov/reporter/3dseries/2023/2023_00015.htm

Judicial, quasi-judicial, and administrative decisions and similar squibs

 

Selected "Squibs*" of judicial, quasi-judicial, and administrative decisions and similar materials are listed below in alphabetical order. As used here, the term "squib" describes a brief summary of a single case or a single point of law in a decision.

* Squib© Copyright 1997-2022, airSlate Legal Forms, Inc. d/b/a USLegal.

                          

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Click on the text highlighted in COLOR to access the source of these Squibs.  

 

Abolishing a position for economic reasons http://www.counsel.nysed.gov/Decisions/volume57/d17142

 

Absent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officer http://www.nycourts.gov/reporter/3dseries/2016/2016_04085.htm

Existence of a special duty serves to overcome governmental function immunity by establishing an exception to the rule that a municipality, in performing a governmental function, owes a duty only to the public at large, and not to any particular individual.

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06918.htm  

Arbitrating disputes involving General Municipal Law §207-a benefits pursuant to an arbitration clause in the collective bargaining agreement.

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm

NYPPL's public personnel law handbooks, listed below, are available for purchase from BookLocker.com, Inc

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE. 

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE. 

Disability Benefits: payable to firefighters, police officers and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE. 

The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.