Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm
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.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
December 26, 2022
Court of Claims properly dismissed the class action claims as claimants failed to satisfy the pleading requirements found in Court of Claims Act §11(b), which must be strictly construed.
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_06878.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
Claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement.
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_07124.htm
Union member subject to the collective bargaining agreement (CBA) is required to avail himself of the grievance procedure set forth in the CBA before commencing an action pursuant to CPLR Article 78.
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_06994.htm
N.B.In Amorosano-LePore v Grant, 56 AD3d 663, the court opined that the employee's exhaustion of his or her administrative remedies is not required where his or her so doing would constitute an exercise in futility. The Amorosano-LePore decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2008/2008_09073.htm
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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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, 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.
New York Public Personnel Law.
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