New York Public Personnel Law

Jan 7, 2023

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

Jan 1, 2023

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.

SEE "RESEARCH TOOL" IN THE SIDEBAR FOR SUGGESTIONS FOR SEARCHING THIS BLOG.

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

Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.