Annulling the permanent appointment of an individual serving in a position in the classified service

The Appellate Division sustained the appointing authority's determination that the petitioner in this CPLR Article 78 action committed fraud in his employment application by providing answers to questions under penalties of perjury that were not truthful when petitioner represented that he had never resigned from a previous job to avoid disciplinary action or dismissal, explaining that the revocation of the employee's certification for appointment more than three years after the effective date of his permanent appointment to his position was unavailing as that "statute of limitations" does not control in situation involving such a fraud on the part of the appointee.

Click HERE to access the text of the Appellate Division's ruling in this matter.

Ammonia and Emergency Exposure Articles

The articles listed below addressing Ammonia and Emergency Exposure by NYPPL's science consultant, Dr. Robert A. Michaels, are available for "download" from the Internet without charge using the URL set out below:

https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA.  Emergency planning and the acute toxic potency of inhaled ammonia.  Environmental Health Perspectives, 107(8):617-27, August 1999;

Michaels, RA.  Emergency planning: critical evaluation of AEGLs for ammonia.  New York City, American Institute of Chemical Engineers; AIChE Technical Manual: Ammonia Plant Safety, 38:179-84, 1998.

Michaels, RA.  Emergency planning: critical evaluation of proposed AEGLs for ammonia.  Process Safety Progress, 17(2):134-7, 1998;

Michaels, RA.  Emergency planning: critical evaluation of proposed Acute Exposure Guideline Levels (AEGLs) for ammonia.  Proceedings of the 42nd Annual Safety In Ammonia Plants and Related Facilities Symposium, American Institute of Chemical Engineers (AIChE), San Francisco, 8 pages, 22-25 September 1997;

Michaels, RA.  Acute Exposure Guideline Level (AEGL) development for emergency planning:  the ammonia example.  Risk Policy Report, 4(8):34-6, 18 Aug. 1997;

Michaels, RA.  Ammonia under the safety spotlight again.  Nitrogen (London), 228:27-31, July/ August 1997.

Michaels, RA; and Michael T. Kleinman.  Dose-dependent health risks support control of one-hour airborne particle levels.  Proceedings, 90th Annual Meeting of the Air & Waste Management Association; Toronto, Ontario, Canada; 8-13 June 1997, 21 pages 1997;

Michaels, RA.  A technically supportable middle ground in the particulate matter debate.  Commentary. Risk Policy Report, 4(4):35-7, 18 April 1997;

Michaels, RA.  Airborne particle excursions contributing to daily average particle levels may be managed via a one-hour standard, with possible public health benefits.  Aerosol Science and Technology, 25:437-44, November 1996;

Michaels, RA.  Health risks support a one-hour airborne particle standard with data acquisition via rapid automated monitoring instrumentation.  In: Measurement of Toxic and Related Air Pollutants, U. S. EPA and Air and Waste Management Association; Research Triangle Park, North Carolina; 7-9 May 1996; pages 201-7, 1996;

Michaels, RA.  Health risks and particle monitoring: new technologies to meet emerging data needs.  Pittsburgh, Pennsylvania; 14th Annual Meeting, American Association for Aerosol Research, Abstracts, page 338, 9-13 October 1995;

Watson, John G…. RA Michaels…, et al.  Measurement methods to determine compliance with ambient air quality standards for suspended particles, 1995 Critical Review Discussion.  Journal of the Air & Waste Management Association, 45:9, 666-84, doi: 10.1080/10473289.1995.10467395, September 1995.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com

Court dismisses petitioner's human rights complaint for failure to show a "triable issue of fact"

The Appellate Division held that a New York State public employer met its prima facie burden of showing that there were no triable issues of fact that would support plaintiff's petition alleging age discrimination within the meaning of the New York City Human Rights Law (Administrative Code of City of NY §8-107[1][a]) or the New York State Human Rights Law (Executive Law §296[1][a]), as there was no indication that the employer's actions concerning plaintiff's continued employment at the employer's facility were motivated by plaintiff's age.

Click HERE to access the Appellate Division's decision.

 

Invoking the "law enforcement exemption" in response to a Freedom of Information request

Citing Madeiros v New York State Educ. Dept., 30 NY3d 67, the Appellate Division held that the fact that the custodian of records demanded under color of New York State's Freedom of Information Law chose to task an outside law firm with investigation of employee complaints does not mean that custodian had no reasonable basis for invoking the law enforcement exemption as the exemption "does not apply solely to records compiled for law enforcement purposes in connection with criminal investigations."

Click HERE to access the Appellate Division's decision.

Retired police officer's application for a "good guy letter" denied

The New York City Police Department refused to give a retired NYC police officer a certificate of service, also known as a "good guy letter," without which the retiree could not obtain a retired officer handgun license. The Appellate Division rejected the retiree's challenge to the Department's decision explaining that the retiree's action was [1] time barred and [2] the issuance of a retired officer handgun license was a matter of discretion and thus no hearing was required.

Click HERE to access the Appellate Division's ruling.