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 COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.
Dec 26, 2022
Squibs of selected decisions posted on the Internet during the month of December 2022
In law the term "squib" refers to a brief summary of a single case or a single point of law recited in a decision.
The term Squib© is Copyrighted [1997-2022] by airSlate Legal Forms, Inc., 3720 Flowood Dr, Flowood, Mississippi, 39232, d/b/a USLegal.
Section 11(b) of the Court of Claims Act requires a claim to specify "(1) 'the nature of [the claim]'; (2) 'the time when' it arose; (3) the 'place where' it arose; (4) 'the items of damage or injuries claimed to have been sustained'; (5) 'a sufficiently detailed description of the particulars of the claim to enable [the State] to investigate and promptly ascertain the existence and extent of its liability' and (6) 'the total sum claimed.'"
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07257.htm
A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."
N.B.The writ of prohibition is one of number of the ancient “common law” writs. Other such ancients writs include the writ of mandamus, granted by a court to compel an official to perform "acts that officials are duty-bound to perform;" the writ of injunction - a judicial order preventing a public official from performing an act; the writ of certiorari, compelling a lower court to send its record of a case to the higher tribunal for review by the higher tribunal; and the writ of quo warranto [by what authority]. New York State's Civil Practice Law and Rules sets out the modern equivalents of the surviving ancient writs.
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07231.htm
Where a declaratory judgment action seeks an adjudication of rights that could be resolved in a proceeding pursuant to CPLR Article 78, the statute of limitations applicable to a CPLR Article 78 proceeding applies.
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07235.htm
Supreme Court properly denied New York City Transit Authority's [NYCTA] motion to prohibit Plaintiffs' counsel and employees from asking questions of NYCTA officials at any public hearing without first submitting the proposed questions to NYCTA's counsel prior to the public hearing and disclosing Plaintiffs' counsel and employees identity at the hearing as [1] the questions did not concern the subject of Plaintiffs' counsel's representation and [2] involved a matter of public concern.
Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07181.htm
Grievances such as the one at issue in this action are arbitrable so long as no public policy, statutory, or constitutional provisions prohibit them and they are reasonably related to the provisions of the relevant Collective Bargaining Agreement [CBA] which requirement is satisfied when the CBA outlines a detailed procedural mechanism by which the grievant may seek arbitration.
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm
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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.
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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.
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