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July 17, 2012

Law Blogs with a New York focus


Law Blogs with a New York focus

Of the 6,715 Blawgs in 75 subcategories cataloged reported by Justia on July 17, 2012, 277 are classified as Law Blogs with a New York focus. These 277 Law Blogs are listed below in the order of their “popularity” as reported by Justia.

[Note: This is a reposting of an earlier NYPPL post that was inadvertently “removed” from the Internet.]

Provides summary and commentary on selected court and administrative decisions and related matters affecting public employers and employees in New York State. By Harvey Randall, Esq.
Last Updated: July 16, 2012 - Rank Today: 11

Includes news, cases and commentary on real estate and property law in New York and nationwide. From Finkelstein Newman LLP.
Last Updated: July 13, 2012 - Rank Today: 28

Covers New York medical malpractice, car accident and construction accident laws. By Law Offices of Michael H. Joseph, PLLC.
Last Updated: July 01, 2012 - Rank Today: 37

Covers the relationship between art and law with a focus on intellectual property, nonprofit tax-exempt organizations, free speech, and contemporary art. By Sergio Muñoz Sarmiento.
Last Updated: July 11, 2012 - Rank Today: 62

Covers legal developments involving new technologies and the Internet. By Nissenbaum Law Group, LLC.
Last Updated: June 29, 2012 - Rank Today: 84

Provides a summary of an Appellate Division case of special interest to New York practitioners.
Last Updated: July 16, 2012 - Rank Today: 88

Covers medical malpractice and accident law in New York. By Gerry Oginski.
Last Updated: July 15, 2012 - Rank Today: 125

Published by Stephen Bilkis & Associates
Last Updated: July 14, 2012 - Rank Today: 171

Covers virtual worlds and social media issues. By Pillsbury Winthrop Shaw Pittman LLP.
Last Updated: July 06, 2012 - Rank Today: 172

Covers personal injury law. By the Law Offices of Stephen Bilkis & Associates.
Last Updated: July 14, 2012 - Rank Today: 173

Covers family law and traffic ticket information. By the Law Office of James B. Lesperance, Jr.
Last Updated: July 15, 2012 - Rank Today: 182

Covers employeee benefits, ERISA, and employment law. By Stanley D. Baum.
Last Updated: July 11, 2012 - Rank Today: 183

Covers futures, commodities and forex regulation. By Shipkevich Law Firm.
Last Updated: July 13, 2012 - Rank Today: 201

Covers entertainment and publishing law. By Lloyd Jassin.
Last Updated: June 19, 2012 - Rank Today: 213

Covers business law, labor & employment, real estate and securities and finance topics. By Scarinci Hollenbeck.
Last Updated: July 13, 2012 - Rank Today: 226

Covers New York insurance coverage cases and issues. By Roy A. Mura.
Last Updated: July 15, 2012 - Rank Today: 229

Covers New York divorce law. By David Centeno.
Last Updated: June 18, 2012 - Rank Today: 245

By the Law Offices of Stephen Bilkis & Associates.
Last Updated: July 15, 2012 - Rank Today: 245

By the Langel Firm.
Last Updated: July 07, 2012 - Rank Today: 260

Discusses age, employment, racial, and sexual discrimination. By the Ottinger Firm.
Last Updated: July 13, 2012 - Rank Today: 265

Covers business startup law. By Samuel C Berger, PC.
Last Updated: June 21, 2012 - Rank Today: 279

Covers employment discrimination, severance, wage violations, sexual harassment and civil rights. By The Harman Firm, P.C.
Last Updated: July 11, 2012 - Rank Today: 282

Features news, commentary and thoughts on the law of the securities markets. By Mark Astarita.
Last Updated: July 02, 2012 - Rank Today: 285

Covers commercial law and litigation, employment contracts, and consumer law. By The Law Offices of Ira S. Newman.
Last Updated: June 10, 2012 - Rank Today: 290

Covers long term disability news and updates. Published By New York attorneys, Frankel & Newfield, PC.
Last Updated: July 10, 2012 - Rank Today: 298

By Leonard E. Sienko, Jr.
Last Updated: July 15, 2012 - Rank Today: 299

Covers New York criminal law topics such as criminal procedure, DWI and traffic offenses, drugs and narcotics, fraud related offenses, and violent crimes. By New York criminal defense attorney, Jeremy Saland.
Last Updated: July 09, 2012 - Rank Today: 304

Covers probate news, procedures and resources. By Philip M. Bernstein.
Last Updated: May 31, 2012 - Rank Today: 306

Covers motor vehicle accidents, injury law and workers' compensation. By Stark & Stark.
Last Updated: July 13, 2012 - Rank Today: 319

By Neil Cahn, PLLC.
Last Updated: July 15, 2012 - Rank Today: 339

Covers medical malpractice news in New York. By Stephen Bilkis.
Last Updated: July 15, 2012 - Rank Today: 340

Covers national and international agriculture issues. By Rincker Law PLLC.
Last Updated: July 13, 2012 - Rank Today: 347

Covers criminal law topics. Published by New York attorney, Stephen Bilkis & Associates.
Last Updated: July 14, 2012 - Rank Today: 358

News and information gateway to web based services provided by the New York State Supreme Court Criminal Term Library in New York County.
Last Updated: December 14, 2010 - Rank Today: 359

Published by Stephen Bilkis & Associates
Last Updated: July 15, 2012 - Rank Today: 366

Covers New York business, internet and commercial real estate law.
Last Updated: June 29, 2012 - Rank Today: 373

Covers workers' compensation law and drug injuries. By Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP.
Last Updated: July 13, 2012 - Rank Today: 375

Covers auto accidents, civil rights, construction accidents and personal injury. By Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz.
Last Updated: June 21, 2012 - Rank Today: 410

Covers health law and compliance issues. By The Health Law Partners.
Last Updated: July 12, 2012 - Rank Today: 419

Covers immigration law topics. By Chris Gafner.
Last Updated: July 13, 2012 - Rank Today: 480

Provides news and analysis of outsourcing, insourcing and beyond. By Pillsbury Winthrop Shaw Pittman LLP.
Last Updated: July 12, 2012 - Rank Today: 491

Covers knowledge management. By V. Mary Abraham.
Last Updated: June 21, 2012 - Rank Today: 541

Covers legal malpractice basics, cases and news. By Andrew Lavoott Bluestone.
Last Updated: July 13, 2012 - Rank Today: 542

Covers NYC criminal matters. By Joseph Potashnik.
Last Updated: July 06, 2012 - Rank Today: 550

Covers New York criminal law news. By Law Offices of Stephen Bilkis & Associates.
Last Updated: July 14, 2012 - Rank Today: 554

Covers sports law. By Callahan & Fusco LLC.
Last Updated: July 12, 2012 - Rank Today: 576

Covers burn injury treatment and care, as well as the legal rights of burn injury victims. By Kramer & Pollack, LLP.
Last Updated: July 10, 2012 - Rank Today: 589

Covers DWI and criminal law news. By The Law Office of Mark A. Siesel, Esq.
Last Updated: June 20, 2012 - Rank Today: 596

Covers New York construction accidents, worker's compensation, premises accidents, and other New York personal injury cases. By David Perecman.
Last Updated: July 11, 2012 - Rank Today: 615

Covers motor vehicle accidents, medical malpractice, and municipal liability. By Michaels & Smolak, P.C.
Last Updated: July 10, 2012 - Rank Today: 622

Covers construction law, government contracts, infrastructure and public-private partnerships. By Pillsbury Winthrop Shaw Pittman LLP.
Last Updated: July 12, 2012 - Rank Today: 641

Covers personal injury law issues associated with spinal injuries. By Stephen Bilkis & Associates.
Last Updated: June 19, 2012 - Rank Today: 699

Covers benefits and compensation, employment law, immigration, intellectual property, litigation, securities, tax planning, and transactional issues affecting technology companies. By Epstein Becker Green.
Last Updated: June 11, 2012 - Rank Today: 702

From the Forum on Law, Culture & Society at Fordham Law.
Last Updated: July 12, 2012 - Rank Today: 737

Covers news and developments in NY Federal Criminal Law. By Joseph Potashnik.
Last Updated: June 05, 2012 - Rank Today: 762

Covers family law topics. Published by New York attorney, Stephen Bilkis & Associates.
Last Updated: June 18, 2012 - Rank Today: 763

Covers dissolution and other disputes among New York corporations, LLCs and partnerships. By Peter A. Mahler.
Last Updated: July 16, 2012 - Rank Today: 778

Covers social media and litigation.
Last Updated: May 21, 2012 - Rank Today: 798

Published by Ettinger Law Firm
Last Updated: July 13, 2012 - Rank Today: 814

Covers New York divorce and family law decisions and legislation. By Joel R. Brandes.
Last Updated: June 19, 2012 - Rank Today: 825

Provides breaking news and analysis of communications law and business. By Pillsbury Winthrop Shaw Pittman LLP.
Last Updated: July 03, 2012 - Rank Today: 850

Covers case law, regulation and legislation affecting the insurance industry. By Barger & Wollen LLP.
Last Updated: July 03, 2012 - Rank Today: 853

Features news from the UB Law Library.
Last Updated: July 02, 2012 - Rank Today: 871

Published By Villanueva & Sanchala Attorneys At Law
Last Updated: June 26, 2012 - Rank Today: 871

The New York State Bar Association's official blog for solo and small firm attorneys.
Last Updated: June 18, 2012 - Rank Today: 902

Covers accidents that cause brain trauma, contusions and concussions. By the Law Offices of Stephen Bilkis & Associates.
Last Updated: July 14, 2012 - Rank Today: 929

Provides updates of law, news and developments in insurance and reinsurance. By Dan Gerber and Jeff Kingsley.
Last Updated: July 13, 2012 - Rank Today: 951

Musings from the librarians of the Cornell Law Library on library resources, research tips and news.
Last Updated: July 03, 2012 - Rank Today: 954

Covers civil rights opinions of the United States Court of Appeals for the Second Circuit. By Bergstein & Ullrich, LLP.
Last Updated: July 12, 2012 - Rank Today: 975

New York Injury Talk Blog covers topics such as automobile accidents, birth injuries, brain injuries, personal injury, product liability & recalls, workers' compensation, and workplace injuries. By New York injury lawyers Wingate, Russoti & Shapiro.
Last Updated: July 11, 2012 - Rank Today: 983

Covers consumer protection matters with a focus on bankruptcy. By Pipitone Law.
Last Updated: July 09, 2012 - Rank Today: 988

Published By Law Offices of Nicholas Rose, PLLC
Last Updated: July 13, 2012 - Rank Today: 1010

Covers birth injuries, including brain injuries, cerebral palsy, Erbs palsy and Horners syndrome. By the Law Offices of Stephen Bilkis & Associates.
Last Updated: July 12, 2012 - Rank Today: 1015

Covers bankruptcy, family law, foreclosure, and real estate law in New York.
Last Updated: July 11, 2012 - Rank Today: 1024

Covers litigation, foreclosures, and business law. By The Silber Law Firm LLC.
Last Updated: June 18, 2012 - Rank Today: 1027

Covers foreclosure litigation, qui tam, insider trading and business lawsuits. By the Ferraro Law Firm.
Last Updated: June 21, 2012 - Rank Today: 1059

A family friendly site where people can come to learn about Law, Government, and the Judicial System. By Anthony J. Colleluori.
Last Updated: June 17, 2012 - Rank Today: 1096

Covers toxic tort litigation topics, including product liability, environmental litigation, contamination, pollution, toxicity, toxicology, diminution of property value, Value Assurance Plans, and medical monitoring. By Epstein Becker Green.
Last Updated: July 02, 2012 - Rank Today: 1102

Covers child custody, child support, divorce, equitable distribution, marriage, spousal maintenance, and visitation. By Daniel E. Clement.
Last Updated: July 02, 2012 - Rank Today: 1109

Covers the civil justice system, New York Courts, injury law cases and news. Published by Attorney Eric Turkewitz.
Last Updated: June 17, 2012 - Rank Today: 1116

By the Law Offices of Maya Risman, P.C. Focuses on employment issues in New York.
Last Updated: June 18, 2012 - Rank Today: 1117

Provides a defense attorney's perspective on New York's No-Fault law. By Jason Tenenbaum.
Last Updated: July 09, 2012 - Rank Today: 1136

Covers issues in the law of torts, products liability, evidence, and expert witnesses. By Nathan A. Schachtman, Esq., PC.
Last Updated: June 16, 2012 - Rank Today: 1184

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.
Last Updated: July 16, 2012 - Rank Today: 1189

Covers real estate law and business law. By Peter Moulinos.
Last Updated: June 17, 2012 - Rank Today: 1191

Covers NY Truck Accidents, updates and commentary. Published by Stephen Bilkis & Associates.
Last Updated: July 13, 2012 - Rank Today: 1207

Covers employment agreements, employment discrimination and compensation issues. By Salvatore G. Gangemi.
Last Updated: June 18, 2012 - Rank Today: 1227

Covers New York criminal law. By Law Offices of Michael H. Joseph, PLLC.
Last Updated: June 17, 2012 - Rank Today: 1251

Provides environmental law news and updates. By Sive, Paget & Riesel.
Last Updated: June 27, 2012 - Rank Today: 1263

Covers wage and hour law developments. By Epstein Becker Green.
Last Updated: July 03, 2012 - Rank Today: 1275

Covers personal injury law topics, including car accident, defective product and insurance issues. By Michael H. Ranzenhofer.
Last Updated: July 13, 2012 - Rank Today: 1288

Covers foreclosures, co-ops, condos and mortgage modification. By the Law Offices of Weiss & Weiss.
Last Updated: July 05, 2012 - Rank Today: 1328

Published By Fogelman and Fogelman LLC
Last Updated: June 18, 2012 - Rank Today: 1329

Covers NYC federal criminal matters. By Joseph Potashnik & Associates PLLC.
Last Updated: July 05, 2012 - Rank Today: 1340

Covers disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. By the Frankfurt Kurnit Litigation Group.
Last Updated: June 12, 2012 - Rank Today: 1373

Covers patents, trademarks and copyright news. By Vincent G. LoTempio.
Last Updated: July 01, 2012 - Rank Today: 1374

Covers bankruptcy law, practice and procedure. By Craig Robins.
Last Updated: June 15, 2012 - Rank Today: 1390

By Emiily Maruja Bass.
Last Updated: May 30, 2012 - Rank Today: 1397

By Law Offices of Stuart M. Kerner, P.C.
Last Updated: June 15, 2012 - Rank Today: 1407

Covers employment discrimination, employee rights and sexual harassment. By Derek T. Smith Law Group, P.C.
Last Updated: June 15, 2012 - Rank Today: 1439

Covers immigration law, news and commentary. By Matthew L. Kolken.
Last Updated: July 11, 2012 - Rank Today: 1522

Covers immigration court proceedings, deportation defense, and issues of inadmissibility and deportability.
Last Updated: July 11, 2012 - Rank Today: 1523

Offers information and articles related to injury and accident law, criminal law, and immigration law in New York. Published by Mark Siesel.
Last Updated: July 12, 2012 - Rank Today: 1563

Provides commentary and breaking news about criminal law and policy. By Nathaniel Burney.
Last Updated: July 11, 2012 - Rank Today: 1690

Provides updates and insights on legal issues facing fund managers and investors. By Pillsbury Winthrop Shaw Pittman LLP.
Last Updated: June 14, 2012 - Rank Today: 1701

Covers New York criminal law regarding larceny, embezzlement, extortion and theft. By Crotty & Saland PC.
Last Updated: July 07, 2012 - Rank Today: 1711

Provides social security information for claimants in New York, New Jersey and Connecticut. By Insler & Herman, LLP and Turley Redmond Rosasco & Rosasco, LLP.
Last Updated: June 19, 2012 - Rank Today: 1721

Covers employee regulation, wage and hour laws, and buying and selling a business in the food services industry. By the Law Offices of David A. Gabay, PC.
Last Updated: June 14, 2012 - Rank Today: 1722

A NY journalist turned attorney with an opinion about everything! By Lisa Fantino.
Last Updated: June 16, 2012 - Rank Today: 1775

Covers U.S. tax law, New York nonprofit corporate law, corporate governance, charitable giving, economics, policy and current events in the nonprofit universe. By Thomas W. Simcoe.
Last Updated: June 29, 2012 - Rank Today: 1796

Covers the law of restrictive covenants, unfair competition and trade secrets. By Epstein Becker Green.
Last Updated: June 13, 2012 - Rank Today: 1840

Provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. By the Lustigman Firm, P.C.
Last Updated: July 09, 2012 - Rank Today: 1845

Presents current developments in federal and New York State special education law. By H. Jeffrey Marcus.
Last Updated: June 25, 2012 - Rank Today: 1880

Covers New York personal injury topics. By Carol L. Schlitt.
Last Updated: July 10, 2012 - Rank Today: 1925

Random thoughts and helpful links and resources from Buffalo lawyer Jeremy Colby.
Last Updated: June 13, 2012 - Rank Today: 1932

Covers FLSA, disability discrimination, labor relations, and retaliation. By Epstein Becker Green.
Last Updated: June 12, 2012 - Rank Today: 1940

Covers employment law issues in the restaurant industry. By Berke-Weiss & Pechman LLP.
Last Updated: July 11, 2012 - Rank Today: 1943

Covers estate planning, estate administration and estate taxes. By Ettinger Law Firm.
Last Updated: July 10, 2012 - Rank Today: 1944

Covers US immigraiton issues, focusing on those that typically arise at a US land border point-of-entry relating to admissibility. By Sarah E. Murphy.
Last Updated: June 12, 2012 - Rank Today: 1971

Covers significant tort and insurance coverage decisions in New York's Appellate Courts, cases which have been granted leave to appeal to the New York Court of Appeals, and other practice tips or information regarding appeals to New York's Appellate Courts. By Mauro Lilling Naparty LLP.
Last Updated: June 12, 2012 - Rank Today: 1997

Covers federal and state income taxes, and business taxes. By Scarinci Hollenbeck.
Last Updated: July 13, 2012 - Rank Today: 2003

Covers biker law, bikes, and other fun stuff from a lawyer who rides. By Adam Gee.
Last Updated: June 11, 2012 - Rank Today: 2005

Covers news and updates on Blood Alcohol Content (BAC) and DWI Topics Of Interest. Published by The Law Office of Mark A. Siesel, Esq.
Last Updated: June 12, 2012 - Rank Today: 2008

Covers the United States Supreme Court, the New York Court of Appeals and other federal and state appeals courts. By Professor Vincent Martin Bonventre.
Last Updated: July 07, 2012 - Rank Today: 2040

Covers securities and investment fraud. By Malecki Law.
Last Updated: July 09, 2012 - Rank Today: 2081

Covers transactional real estate, development/redevelopment, and environmental law. By Gibbons.
Last Updated: July 09, 2012 - Rank Today: 2097

Covers corporate law, securities law, intellectual property, and social entrepreneurship. By Arina Shulga.
Last Updated: July 08, 2012 - Rank Today: 2109

Cover qui tam law and the process of bringing a case. By Getnick & Getnick.
Last Updated: June 11, 2012 - Rank Today: 2114

Published By Frommer Lawrence & Haug
Last Updated: July 06, 2012 - Rank Today: 2119

Covers criminal law, environmental law, immigration law, international law, law and technology, as well as special posts for law students, legal research and writing, and professional responsibility.
Last Updated: July 06, 2012 - Rank Today: 2155

Covers intellectual property issues in academia. By Bond Schoeneck & King.
Last Updated: June 11, 2012 - Rank Today: 2163

Review of copyright law, copyright litigation, art litigation and relevant current events. Discussions of recent case law and federal rules of civil procedure. By Ray Dowd.
Last Updated: July 05, 2012 - Rank Today: 2180

Covers stockbroker fraud.
Last Updated: June 12, 2012 - Rank Today: 2181

Covers current events and issues in personal injury and medical malpractice law. By Levine & Slavit.
Last Updated: June 10, 2012 - Rank Today: 2201

Covers criminal law.
Last Updated: July 03, 2012 - Rank Today: 2210

Covers divorce and family law. By Albie Myburgh.
Last Updated: June 10, 2012 - Rank Today: 2215

Covers the law of selling or purchasing a business. By Nissenbaum Law Group.
Last Updated: June 29, 2012 - Rank Today: 2261

Published by Nationally Focused Mesothelioma Attorneys. Ferraro Law Firm
Last Updated: June 07, 2012 - Rank Today: 2269

Covers workplace discrimination, and employee rights news and updates. By Joseph & Kirschenbaum LLP.
Last Updated: July 12, 2012 - Rank Today: 2281

Covers New York business, criminal, employment, estate planning, family and real estate law.
Last Updated: June 07, 2012 - Rank Today: 2352

Covers employment discrimination and sexual harassment cases. By Phillips & Phillips.
Last Updated: July 05, 2012 - Rank Today: 2352

Covers environmental law and green building news. By Kramer Levin.
Last Updated: June 06, 2012 - Rank Today: 2365

Covers New York family law and divorce law. By Andrea Vacca.
Last Updated: June 07, 2012 - Rank Today: 2370

Thoughts on all things digital from the Assistant Director of Technical Services for Library Systems at New York Law School's Mendik Library.
Last Updated: June 07, 2012 - Rank Today: 2381

Covers securities law for growing businesses. By Vanessa Schoenthaler.
Last Updated: July 11, 2012 - Rank Today: 2386

Covers injury and accident case updates and news. Published By New York injury firm Gallivan & Gallivan.
Last Updated: July 11, 2012 - Rank Today: 2400

Covers tax law. By an NYU LL.M. student.
Last Updated: June 05, 2012 - Rank Today: 2456

Covers business development, networking, mentoring and work-life balance. By EpsteinBeckerGreen.
Last Updated: June 11, 2012 - Rank Today: 2468

Published By LeCours, Chertok & Yates, LLP
Last Updated: June 05, 2012 - Rank Today: 2476

Covers traffic ticket laws and news. By Matthew J. Weiss.
Last Updated: July 10, 2012 - Rank Today: 2478

Covers New York age, employment, gender, genetic, pregnancy, racial and sexual orientation discrimination. By Schwartz & Perry LLP.
Last Updated: June 05, 2012 - Rank Today: 2482

Comments on developments in copyright and trademark law. By Andrew Berger.
Last Updated: July 09, 2012 - Rank Today: 2491

Covers New York matrimonial and family law. By John R. McFadden III.
Last Updated: June 09, 2012 - Rank Today: 2494

Law related talks from the Pace community.
Last Updated: June 04, 2012 - Rank Today: 2532

Covers New York elder law, estate law, and real estate legal issues. By Robert Friedman.
Last Updated: June 05, 2012 - Rank Today: 2543

Covers employment law topics such as age, employment, gender, racial, and sexual orientation discrimination, as well as sexual harasment. Published by New York employment law lawyers, Schwartz & Perry LLP
Last Updated: June 04, 2012 - Rank Today: 2548

Provides an overview of New York medical malpractice and products liability involving medical devices. By Andrew J. Barovick.
Last Updated: June 03, 2012 - Rank Today: 2563

Covers birth defects caused by environmental hazards and prescription drugs. By Oshman & Mirisola, LLP.
Last Updated: July 06, 2012 - Rank Today: 2575

By Carl Spector.
Last Updated: June 02, 2012 - Rank Today: 2577

Features news about Heraty Law, its clients, and issues relating to businesses and professionals in the creative industries.
Last Updated: May 31, 2012 - Rank Today: 2594

Covers recent court decisions and injury topics. Published By New York injury lawyer, Mark A. Eskenazi
Last Updated: June 01, 2012 - Rank Today: 2613

Covers New York social security disability and long-term disability law. By Insler & Hermann, LLP.
Last Updated: May 30, 2012 - Rank Today: 2622

Discusses recent cases and developments pertaining to New York trusts and estates law. By Farrell Fritz.
Last Updated: May 31, 2012 - Rank Today: 2639

Provides analysis, learn­ing and discussion relating to copyright law. By Paul Fakler.
Last Updated: May 31, 2012 - Rank Today: 2643

Covers labor and employment laws and policies that affects the hospitality industry. By Epstein Becker Green.
Last Updated: July 02, 2012 - Rank Today: 2662

For entrepreneurs considering buying, starting or terminating a franchise. By Charles Internicola.
Last Updated: May 10, 2012 - Rank Today: 2672

Covers adverse possession, environmental law, municipal law, zoning and land use. Published by Silverberg Zalantis.
Last Updated: May 28, 2012 - Rank Today: 2707

Covers climate change, greenhouse gases, and environmental regulations. By Silverberg Zalantis LLP.
Last Updated: May 27, 2012 - Rank Today: 2720

By Nissenbaum Law Group, LLC. Covers legal developments affecting nonprofit organizations.
Last Updated: June 29, 2012 - Rank Today: 2742

Covers legal issues and legal developments affecting television, film and music production. By Nissenbaum Law Group, LLC.
Last Updated: June 29, 2012 - Rank Today: 2746

Covers recent developments in Construction Law. By Nissenbaum Law Group, LLC.
Last Updated: June 29, 2012 - Rank Today: 2751

Covers New York estate planning, probate, elder law and health care issues. By Dutcher & Zatkowsky.
Last Updated: May 23, 2012 - Rank Today: 2795

Covers legal issues and legal developments relating to Intellectual Property Law. By Nissenbaum Law Group, LLC.
Last Updated: June 29, 2012 - Rank Today: 2821

Covers business operations, debt collection, and contract disputes. By the Law Firm of Grasing & Associates.
Last Updated: June 29, 2012 - Rank Today: 2869

Legal Information (and other Insights) for small businesses, entrepreneurs and start-ups. By Imke Ratschko.
Last Updated: May 23, 2012 - Rank Today: 2875

Covers landlord-tenant and consumer law. By the Major Law Firm.
Last Updated: May 17, 2012 - Rank Today: 2901

Provides news and commentary daily on the civil justice system in the U.S., focusing mainly on mass torts, employment discrimination, and injury law. By Morelli Ratner PC.
Last Updated: May 15, 2012 - Rank Today: 2948

Covers New York divorce and family law. By Charles Messina.
Last Updated: May 17, 2012 - Rank Today: 2958

Covers criminal law, white collar cases. Published By Ambrosio & Tomczak
Last Updated: May 15, 2012 - Rank Today: 3004

Covers the defense of misclassification claims and class actions, audits and investigations by the IRS and state tax and workforce agencies. By Pepper Hamilton LLP.
Last Updated: May 15, 2012 - Rank Today: 3010

Covers violations of overtime and other federal and state wage and hour laws.
Last Updated: May 15, 2012 - Rank Today: 3020

Covers compliance counseling and whistleblowing defense claims. By Epstein Becker Green.
Last Updated: July 10, 2012 - Rank Today: 3028

Provides New York criminal law updates and commentary. By Easton Thompson Kasperek.
Last Updated: June 27, 2012 - Rank Today: 3048

Covers regulatory and statutory updates from the healthcare industry. By O'Connell & Aronowitz.
Last Updated: June 26, 2012 - Rank Today: 3067

By the Felicetti Law Firm.
Last Updated: May 09, 2012 - Rank Today: 3087

Covers immigration news, deportations, and visas. By Samuel C Berger, PC.
Last Updated: June 21, 2012 - Rank Today: 3101

Covers regulatory and enforcement representation, as well as broker / dealer advisory services. By Gusrae Kaplan Nusbaum PLLC.
Last Updated: May 08, 2012 - Rank Today: 3123

Covers estate planning and special needs trusts. By Ellen A. Victor.
Last Updated: May 07, 2012 - Rank Today: 3126

Covers New York workers' compensation and personal injury law. By Paul Giannetti.
Last Updated: May 07, 2012 - Rank Today: 3134

Covers legal news affecting Long Island, New York residents, including civil rights, real estate matters, constitutional issues, and more.
Last Updated: June 25, 2012 - Rank Today: 3155

Covers zoning law. By Jeffrey A. Chester.
Last Updated: April 30, 2012 - Rank Today: 3172

By LeCours, Chertok & Yates, LLP.
Last Updated: April 30, 2012 - Rank Today: 3180

Covers legal and regulatory issues affecting healthcare providers in New York and New Jersey. By Sauchik Law Group, P.C.
Last Updated: May 02, 2012 - Rank Today: 3186

Covers developments in estate planning and wealth transfer taxes. By Hani Sarji.
Last Updated: April 30, 2012 - Rank Today: 3214

Covers discrimination, retaliation and sex harassment cases. By Peters Hamlin LLC.
Last Updated: April 29, 2012 - Rank Today: 3234

Covers national and New York based elder neglect and nursing home abuse news. Published By Gallivan & Gallivan.
Last Updated: July 11, 2012 - Rank Today: 3245

Legal news and analysis of current U.S. and foreign events, including financial, international, antitrust and corporate law. By Laurent Deis.
Last Updated: April 26, 2012 - Rank Today: 3257

Covers criminal defense, DWI, and the economics of small office law practice. By Warren Redlich.
Last Updated: April 25, 2012 - Rank Today: 3261

Covers child support, domestic relations, and family law in New York. By Alexander Korotkin.
Last Updated: April 22, 2012 - Rank Today: 3299

Covers personal injury, medical malpractice and motor vehicle accidents. By Rudner & Paleudis, LLC.
Last Updated: July 10, 2012 - Rank Today: 3301

Covers pain and suffering verdicts and settlements. By John M. Hochfelder.
Last Updated: June 22, 2012 - Rank Today: 3348

Covers consumer class actions and mass torts from a defense lawyer's perspective. By Russell Jackson.
Last Updated: April 17, 2012 - Rank Today: 3353

Covers data security, HIPAA, identity theft and workplace privacy. By Jackson Lewis.
Last Updated: July 09, 2012 - Rank Today: 3361

Covers debt collection and consumer law.
Last Updated: April 12, 2012 - Rank Today: 3383

Published By Jeffrey T. Rosenberg, Esq.
Last Updated: April 06, 2012 - Rank Today: 3414

Covers current trends in immigration law. By Joshua Bardavid and Bardavid Law.
Last Updated: April 06, 2012 - Rank Today: 3415

Published By Nirenberg Law Firm, LLC
Last Updated: July 06, 2012 - Rank Today: 3421

New York Criminal Attorney Blog covers DWI/DWAI, traffic violations, gun crimes, weapon crimes, prostitution, and other criminal offenses. By New York attorneys, Tilem & Campbell.
Last Updated: March 27, 2012 - Rank Today: 3439

Covers the transition from student status and worker status to legal permanent residency and/or citizenship. By Amanda R. Goodman.
Last Updated: April 02, 2012 - Rank Today: 3442

Features immigration news, policies and discussion. By Pozo Goldstein & Miranda, LLP.
Last Updated: March 29, 2012 - Rank Today: 3464

Published By Jules Martin Haas, Attorney at Law
Last Updated: July 05, 2012 - Rank Today: 3466

Covers New York real estate insurance, regulation, and litigation. By Klose & Associates.
Last Updated: March 22, 2012 - Rank Today: 3503

Covers medical malpractice, birth injuries, car accidents, construction accidents and products liability. By Bottar Leone, PLLC.
Last Updated: March 20, 2012 - Rank Today: 3526

Reports on New York medical malpractice and birth injury issues. By Bottar Leone, PLLC.
Last Updated: March 18, 2012 - Rank Today: 3538

Covers business immigration law and employment-based visas. By Kramer Levin.
Last Updated: June 12, 2012 - Rank Today: 3539

Published by Russell Mace & Associates, P.A.
Last Updated: July 02, 2012 - Rank Today: 3542

Covers business disputes and dissolutions, shareholder rights, and conflicts of interest. By The McDaniel Law Firm, P.C.
Last Updated: March 13, 2012 - Rank Today: 3563

Covers intellectual property issues of particular interest to importers, exporters and distributors. By the McDaniel Law Firm, P.C.
Last Updated: March 13, 2012 - Rank Today: 3566

Covers NY Criminal news and Family law. Published by Riebling, Proto & Sachs
Last Updated: March 09, 2012 - Rank Today: 3577

Covers New York DWI laws and chemical tests. By the Law Offices of James F. Hughes.
Last Updated: March 05, 2012 - Rank Today: 3596

Covers health care compliance, fraud, HIPAA, and laws. By Iseman, Cunningham, Riester & Hyde, LLP.
Last Updated: June 29, 2012 - Rank Today: 3618

Published By Tilem & Campbell
Last Updated: February 22, 2012 - Rank Today: 3652

Focuses on contract, employment and personal injury litigation. By Scott J. Kreppein.
Last Updated: May 23, 2012 - Rank Today: 3679

Covers decisions affecting corporate bankruptcy, restructuring and turnarounds. By Kramer Levin.
Last Updated: June 01, 2012 - Rank Today: 3704

Covers New York motor vehicle accidents, medical malpractice, and premises liability issues. By Law Office of Shane D. Scott, P.C.
Last Updated: January 24, 2012 - Rank Today: 3751

Covers court decisions, news and developments affecting federal criminal practice in New York. By JaneAnne Murray.
Last Updated: January 21, 2012 - Rank Today: 3771

Covers age, race, and disability discrimination. By Moira C. Brennan.
Last Updated: January 18, 2012 - Rank Today: 3780

Published By Case Cash, LLC
Last Updated: January 17, 2012 - Rank Today: 3786

Covers disability insurance claim and bad faith information. By Quadrino Schwartz.
Last Updated: January 10, 2012 - Rank Today: 3812

Covers the guardianship process and life as a guardian. By the Law Office of Daniel A. Jimenez P.C.
Last Updated: January 05, 2012 - Rank Today: 3827

Covers aviation safety law and litigation. By Kreindler & Kreindler LLP.
Last Updated: January 04, 2012 - Rank Today: 3831

Covers New York state law specifically, and law and philosophy generally.
Last Updated: January 02, 2012 - Rank Today: 3838

Covers business entities, small business and startups. By Ellen A. Victor.
Last Updated: December 31, 2011 - Rank Today: 3847

Focuses on wind energy legal developments, including land use, zoning, and environmental concerns. By Cooper Erving & Savage LLP.
Last Updated: December 23, 2011 - Rank Today: 3860

Covers New York wrongful death cases involving auto accidents, hospital negligence, and medical malpractice. By Leland T. Williams.
Last Updated: December 13, 2011 - Rank Today: 3885

Covers securities fraud, and other areas of securities law and banking and finance law. Published by Rich, Intelisano & Katz, LLP.
Last Updated: December 09, 2011 - Rank Today: 3897

Covers New York contract, debt collection practices, employment and real estate litigation. By Silverberg Zalantis LLP.
Last Updated: December 07, 2011 - Rank Today: 3899

Covers foreclosure procedures and legal defenses available to debtors. By the Nissenbaum Law Group.
Last Updated: November 23, 2011 - Rank Today: 3926

This blog covers all aspects of long term disability advocacy. Topics include long term disability benefits and claimant tips. By Riemer & Associates.
Last Updated: November 22, 2011 - Rank Today: 3928

Published by Ronai & Ronai, LLP
Last Updated: October 28, 2011 - Rank Today: 3970

Covers accidents and injuries. By Leav & Steinberg, L.L.P.
Last Updated: April 26, 2012 - Rank Today: 3982

Answers questions medical malpractice victims may have when seeking to hire an attorney. By Gerry Oginski.
Last Updated: October 15, 2011 - Rank Today: 3997

Covers racial and sexual harassment and education law. By Law Offices of Joshua Friedman.
Last Updated: October 01, 2011 - Rank Today: 4021

Covers the law of Internet Defamation. By Nissenbaum Law Group.
Last Updated: September 29, 2011 - Rank Today: 4030

Updates and commentary on U.S. and European developments in Intellectual Property law. By Gareth Dickson.
Last Updated: September 21, 2011 - Rank Today: 4038

Attempt to capture the thoughts and experiences of an attorney with almost no experience in this area of law, representing victims of domestic violence By the Nassau County Coalition Against Domestic Violence.
Last Updated: September 06, 2011 - Rank Today: 4071

Covers obstetrical malpractice that result in premature births, cerebral palsy and brachial plexus injuries. By Bottar Leone, PLLC.
Last Updated: August 28, 2011 - Rank Today: 4088

Covers current developments in business litigation and identifies best management practices. By Rogers & Tartaro.
Last Updated: March 27, 2012 - Rank Today: 4095

Focuses on New York State motor vehicle safety tips, motor vehicle laws, news commentaries, and public service announcements.
Last Updated: August 18, 2011 - Rank Today: 4100

Covers real estate and housing issues.
Last Updated: July 21, 2011 - Rank Today: 4150

Covers New York criminal law and DWI information. By John P. Pettinella.
Last Updated: July 07, 2011 - Rank Today: 4176

Covers New York personal injury law and cases. By Queller, Fisher, Washor, Fuchs & Kool.
Last Updated: July 01, 2011 - Rank Today: 4184

A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense. By Matthew Lerner.
Last Updated: June 16, 2011 - Rank Today: 4211

Covers New York auto insurance, medical malpractice and workers compensation. By the Ziff Law Firm.
Last Updated: June 01, 2011 - Rank Today: 4232

Covers DWI law, criminal law and and traffic law news. By David Galison, P.C.
Last Updated: April 16, 2011 - Rank Today: 4287

Covers family law. By Keith Orenstein.
Last Updated: March 30, 2011 - Rank Today: 4320

This blog covers legal topics such as commentary and opinion, criminal law and justice, information technology, library organization and planning, news from organizations, publication announcement and reviews. By New York Law Librarian, David Badertscher
Last Updated: March 26, 2011 - Rank Today: 4323

Published By The Paleudis Law Firm.
Last Updated: January 14, 2011 - Rank Today: 4394

Published By The Law Offices of Timothy A. Green
Last Updated: December 17, 2010 - Rank Today: 4417

Covers New York no-fault insurance law news, analysis and commentary. By Damin J. Toell and Erik B. Lutwin.
Last Updated: December 16, 2010 - Rank Today: 4419

The official blog of The Kong Firm PLLC, focusing on current topics of interest in the fields of Employment Law, Litigation and Federal Government Contracting
Last Updated: October 13, 2010 - Rank Today: 4469

Covers estate planning. By Todd Engel.
Last Updated: September 22, 2010 - Rank Today: 4501

Covers New York wills, trusts, estates, and elder law. By Saul Elnadav.
Last Updated: September 08, 2010 - Rank Today: 4510

Features observation of a Brooklyn lawyer in the digital age. By Alex Roshuk.
Last Updated: August 15, 2010 - Rank Today: 4527

Discussion of bankruptcy law and bankruptcy-related issues. By Andy Winchell.
Last Updated: July 12, 2010 - Rank Today: 4545

Offers ideas and updates on law, procedure, and tactics to aid trial lawyers (and others) involved with allegations of wrongdoing. By Anthony Colleluori.
Last Updated: July 11, 2010 - Rank Today: 4546

Tracks legal events that affect consumers, injured persons, and their attorneys. By Eric Dinnocenzo and Jordan Rutsky.
Last Updated: June 14, 2010 - Rank Today: 4557

Covers intellectual property and technology law and news. By Kelly D. Talcott.
Last Updated: April 15, 2010 - Rank Today: 4596

Provides estate planning advice. By Kenneth R. Haas.
Last Updated: January 11, 2010 - Rank Today: 4668

Covers bankruptcy and bankruptcy alternatives for individuals and businesses. By Starr & Starr, PLLC.
Last Updated: October 17, 2009 - Rank Today: 4704

Covers patent infringement and litigation.
Last Updated: October 05, 2009 - Rank Today: 4711

Legal research updates from around the world and new and interesting research resources and web sites of interest. From Syracuse University College of Law.
Last Updated: August 28, 2009 - Rank Today: 4724

Covers technology and the legal profession. By Nicole Black, Matthew Lerner and Gregory Bell.
Last Updated: April 12, 2010 - Rank Today: 4729

Covers developments in New York Law. By Thomas Swartz.
Last Updated: June 10, 2009 - Rank Today: 4767

Brooklyn Law School is proud of its many students who will be working this summer in Asia, Africa, the Middle East, Europe, and South America at law firms, and private and public interest organizations. The students have launched this blog to share their experiences.
Last Updated: July 04, 2008 - Rank Today: 4874

Covers recent court decisions, pending legislation, real estate updates and business matters.
Last Updated: December 31, 1969 - Unranked Yet

Covers legal theory and practice. By Matthew Parham.
Last Updated: December 31, 1969 - Unranked Yet

Justia posts its material on the Internet at:

Workers disciplined for a “slow down” in performing their duties


Workers disciplined for a “slow down” in performing their duties
OATH Index Nos. 2092/07, 2093/07, 2094/07 & 2095/07

Four sanitation workers were charged with working at a slow pace and failing to complete their routes.

A supervisor testified that he witnessed the workers' pace and ordered them to complete their routes. The Department also presented evidence that the sanitation workers' union asked specific districts not to clean their routes in protesting the suspension of another sanitation worker.


Administrative Law Judge Alessandra Zorgniotti found the four workers intentionally refused to complete their assigned routes and recommended three-day suspensions for each.

July 16, 2012

Education Law Blogs


Education Law Blogs

For those interested in “Education LawBlogs” listed by Justia, there are 20 such blogs so classified by Justia. The 20 are posted below in their “order of popularity” for the month of June 2012.

Focuses on issues of interest to adjunct law professors, including labor law, employment law, employee benefits law and education law issues. By Adjunct Law Professor Mitchell H. Rubinstein.
Last Updated: July 13, 2012 - Rank this Week: 62

Features news and Information for and about organizational ombuds. By Tom Kosakowski.
Last Updated: July 13, 2012 - Rank this Week: 213

Covers No Child Left Behind, privitization, religion, school law, special education and more. By the National School Boards Association.
Last Updated: July 13, 2012 - Rank this Week: 350

Discusses special education law topics. By Jim Gerl.
Last Updated: July 12, 2012 - Rank this Week: 656

Duke's source for advice and information about copyright and publication issues
Last Updated: July 07, 2012 - Rank this Week: 737

Cover cyberlaw, libraries, media and higher education. By Daithí Mac Síthigh.
Last Updated: July 12, 2012 - Rank this Week: 1636

Presents current developments in federal and New York State special education law. By H. Jeffrey Marcus.
Last Updated: July 09, 2012 - Rank this Week: 1690

A blawg from Albany Law School's Diversity Office to engage all students, faculty and staff to create a community of inclusion and to have an open forum to address issues facing all of us.
Last Updated: June 08, 2012 - Rank this Week: 1995

Covers racial and sexual harassment and education law. By Law Offices of Joshua Friedman.
Last Updated: October 01, 2011 - Rank this Week: 2009

Covers case law, news, practical advocacy advice, and developments in state and federal statutes and regulations regarding special education law. By Charles Fox.
Last Updated: July 05, 2012 - Rank this Week: 2170

Covers education law, politics, and the judiciary. By Stuart Buck.
Last Updated: June 26, 2012 - Rank this Week: 2181

Covers educational law topcis, including constitutional issues, labor and employment and special education. By Berchem, Moses & Devlin, P.C.
Last Updated: July 09, 2012 - Rank this Week: 2298

A blawg by Darlene Cardillo, an Instructional Technologist at Albany Law School, dedicated to issues related to instructional technology in general and especially as it relates to legal education.
Last Updated: May 25, 2012 - Rank this Week: 2568

Covers intellectual property issues in academia. By Bond Schoeneck & King.
Last Updated: June 11, 2012 - Rank this Week: 3145

Covers education law and student rights in public and private school settings, from preschool through college. By Michelle Ball.
Last Updated: July 12, 2012 - Rank this Week: 3655

Covers higher education, accreditation, K-12 and education technology news. By DLA Piper.
Last Updated: June 05, 2012 - Rank this Week: 3683

Covers special education law and free appropriate public education. By Sanford Hausler.
Last Updated: June 15, 2010 - Rank this Week: 3731

By Professors James Ottavio Castagnera and Patrick J. Cihon.
Last Updated: May 09, 2008 - Rank this Week: 3741

Discusses local and national news in special education law. By Lillian E. Wong.
Last Updated: June 26, 2012 - Rank this Week: 3770

Explores the nexus between public education and laws affecting how schools operate. By Tyler St Cyr.
Last Updated: January 05, 2012 - Rank this Week: 4287

July 15, 2012

U.S. Department of Labor - Decisions of the Administrative Review Board; May and June 2012


U.S. Department of Labor - Decisions of the Administrative Review Board; May and June 2012
Source: USDOL/OALJ Reporter


June 2012 Decisions:
Gupta v. Headstrong, Inc., ARB Nos. 11-008, 11-065, ALJ No. 2011-LCA-38 (ARB June 29, 2012)
Final Decision and Order PDF| HTM

Jordan v. Sprint Nextel Corp., ARB Nos. 10-113, 11-020, ALJ Nos. 2006-SOX-98, 2010-SOX-50 (ARB June 29, 2012)
Notice of Dismissal PDF| HTM

Administrator, Wage & Hour Div., USDOL v. Tri-County Contractors, Inc., ARB No. 11-014, ALJ No. 2008-SCA-17 (ARB June 29, 2012)
Final Decision and Order PDF| HTM

Beatty v. Inman Trucking Management, Inc., ARB No. 11-021, ALJ Nos. 2008-STA-20 and 21 (ARB June 28, 2012)
Decision and Order of Remand PDF| HTM

Canter v. Maverick Transportation, LLC, ARB No. 11-012, ALJ No. 2009-STA-54 (ARB June 27, 2012)
Final Decision and Order PDF| HTM

Zurcher v. Southern Air, Inc., ARB No. 11-002, ALJ No. 2009-AIR-7 (ARB June 27, 2012)
Final Decision and Order PDF| HTM

Road Spinkler Fitters Local Union No. 669, ARB No. 10-123 (ARB June 20, 2012)
Decision and Order of Remand PDF| HTM

Smith v. Duke Energy Carolinas, LLC, ARB No. 11-003, ALJ No. 2009-ERA-7 (ARB June 20, 2012)
Decision and Order of Remand PDF| HTM

Lubary v. El Floridita, ARB No. 10-137, ALJ No. 2010-LCA-20 (ARB June 18, 2012)
Order Denying Reconsideration PDF| HTM

Butler v. Anadarko Petroleum Corp., ARB No. 12-041, ALJ No. 2009-SOX-1 (ARB June 15, 2012)
Final Decision and Order PDF| HTM

Mizusawa v. United Parcel Service, ARB No. 11-009, ALJ No. 2010-AIR-11 (ARB June 15, 2012)
Final Decision and Order PDF| HTM

May 2012 Decisions:
Baiju v. Fifth Avenue Committee, ARB No. 10-094, ALJ No. 2009-LCA-45 (ARB May 31, 2012)
Order Denying Reconsideration PDF| HTM

Matthews v. Ametek, Inc., ARB No. 11-036, ALJ No. 2009-SOX-26 (ARB May 31, 2012)
Final Decision and Order PDF| HTM

Pik v. Credit Suisse AG, ARB No. 11-034, ALJ No. 2011-SOX-6 (ARB May 31, 2012)
Final Decision and Order PDF| HTM

Spinner v. David Landau and Associates, LLC, ARB Nos. 10-111 and -115, ALJ No. 2010-SOX-29 (ARB May 31, 2012)
Final Decision and Order of Remand PDF| HTM

Huang v. Ultimo Software Solutions, Inc., ARB No. 12-071, ALJ No. 2008-LCA-11 (ARB May 30, 2012)
Notice to Parties that Case Has Not Been Accepted for Review PDF| HTM

Carter v. Titan Transportation Services, Inc., ARB No. 12-060, ALJ No. 2011-STA-36 (ARB May 15, 2012)
Notice to Parties that Case Has Not Been Accepted for Review PDF| HTM

Kumar v. Nihaki Systems, Inc., ARB No. 11-025, ALJ No. 2010-LCA-35 (ARB May 9, 2012)
Final Decision and Order PDF| HTM

Strohl v. YRC, Inc., ARB No. 10-116, ALJ No. 2010-STA-35 (ARB May 7, 2012)
Order Denying Reconsideration PDF| HTM

USDOL, OFCCP v. Frito-Lay, Inc., ARB No. 10-132, ALJ No. 2010-OFC-2 (ARB May 8, 2012)
Final Administrative Order PDF| HTM

July 14, 2012

From the Office of the State Comptroller


From the Office of the State Comptroller
Week of July 9 - 15, 2012

Cheektowaga–Sloan School District Should Better Manage Fund Balance

The Cheektowaga–Sloan Union Free School District has not properly managed its fund balance in accordance with state law and has accumulated more than $2.6 million that should be used to benefit taxpayers, according to an auditreleased Wednesday, July 11, 2012 by State Comptroller Thomas P. DiNapoli.

Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli Thursday announced his office completed the following audits: the Fine Fire District; the Scio Fire District #1; and, the Village of Poquott.

Entities subject to the Open Meetings Law and the Freedom of Information Law


Entities subject to the Open Meetings Law and the Freedom of Information Law
Reese v Daines, 20 Misc 3d 1145(A)

Justice NeMoyer’s ruling in the Reese case provides summaries of the basic issues and case law involved in satisfying the mandates of New York’s Open Meetings Law (OML) (Public Officers Law § 100 et seq) and its Freedom of Information Law (FOIL), Public Officers Law Section 84 et. seq.

Justice NeMoyer framed the issue in this case as follows: are nominally private entities legally responsible for carrying out the legislatively mandated merger of the operations of a public hospital and a private hospital operator are, pending such merger, subject to the provisions of the OML and FOIL. The Court conclusion: they are subject to both laws.

As to the Open Meetings Law, Justice NeMoyer said:

“In enacting the Open Meetings Law, the Legislature sought to ensure that public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy’ (Public Officers Law §100)” (Perez v City Univ. of New York, 5 NY3d 522, 528 [2005]). “Thus, all public bodies’ are subject to the Open Meetings Law” (id., at 528), and “[e]very meeting of a public body [other than a valid executive session] shall be open to the general public” (Public Officers Law §103 [a]). “Meeting’ means the official convening of a public body for the purpose of conducting public business” (Public Officers Law §102 [1]), and “ [p]ublic body’ means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body” (Public Officers Law § 102 [2]). It is to be noted that, as defined by General Construction Law §66, a “public corporation” includes a “public benefit corporation” such as ECMCC.

In applying the OML, the courts construe its provisions liberally in accordance with its stated purposes (see Perez, 5 NY3d at 528; Gordon v Village of Monticello, 87 NY2d 124, 127 [1995]; Encore Coll. Bookstores v Auxiliary Serv. Corp. of State Univ. of NY at Farmingdale, 87 NY2d 410, 418 [1995]).

“While an entity must be authorized pursuant to state law to be within the ambit of the Open Meetings Law . . . , not every entity whose power is derived from state law is deemed to be performing a governmental function. Certainly not all advisory bodies that issue recommendations to state agencies are performing governmental functions for purposes of compliance with the Open Meetings Law. Rather, in each case the court must undertake an analysis that centers on the authority under which the entity was created, the power distribution or sharing model under which it exists, the nature of its role, the power it possesses and under which it purports to act, and a realistic appraisal of its functional relationship to affected parties and constituencies’ (Smith v City Univ. of NY, 92 NY2d 707, 713 [1999])” (Perez, 5 NY3d at 528; see Snyder v Third Dept. Judicial Screening Committee, 18 AD3d 1100, 1101 [3d Dept 2005], lv denied 5 NY3d 711 [2005]).

At the outset, this Court notes that the advisory opinions of the Committee on Open Government (which were inconsistent here and upon which both sides thus rely to various extents) are “neither binding upon the agency nor entitled to greater deference in an article 78 proceeding than is the construction of the agency” itself (John P. v Whalen, 54 NY2d 89, 96 [1981]; see Buffalo News v Buffalo Enter. Dev. Corp., 84 NY2d 488, 492 [1994]).

The Court further acknowledges that the precursor Board of Trustees and the since-incorporated WNYHS are, in basic form, private entities, which would militate against a finding that they are “public bod[ies]” subject to the OML. The nominally private charter or status of the entities in question is not determinative, however (see Smith, 92 NY2d at 713-716; Holden v Board of Trustees of Cornell Univ., 80 AD2d 378, 380-381 [3d Dept 1981]).

The Court nonetheless concludes that respondent Board of Trustees is (or was) a “public body” within the meaning of the OML, and that respondent WNYHS is likewise “a public body” within the meaning of that statute (see Smith, 92 NY2d at 713-715; Holden, 80 AD2d at 380-381). Both entities require a meeting quorum in order to conduct “public business” in the performance of a “governmental function for the state,” a state “agency or department,” and/or a “public corporation” (Public Officers Law §102 [2]). In reaching those conclusions, the Court takes notice of the authorities under which respondents were created or otherwise originated, and it makes a practical evaluation of respondents’ functions I various levels of government.

However, the Court takes pains to note that it is not, as argued by petitioner, only or primarily the functional relationship between respondents and the State actors, including the Legislature, the State-created Commission on hospital closings, and the State Department of Health, that is dispositive here. Rather, this matter additionally hinges upon the functional relationship between respondents and the public benefit corporation known as ECMCC.

In sum, the issue here is not so much the presence of governmental control over the activities of respondents, but rather the legislative delegation of control by respondents over a governmental entity (i.e, ECMCC) and its patently governmental activities.

Regarding the Freedom of Information Law, Justice NeMoyer stated that:

"The Legislature enacted FOIL to provide the public with a means of access to governmental records in order to encourage public awareness and understanding of and participation in government and to discourage official secrecy" (Alderson v New York State Coll. Of Agric. & Life Sciences at Cornell Univ., 4 NY3d 225, 230 [2005] [internal quote marks and citation omitted]; see Perez, 5 NY3d at 528 [FOIL guarantees "[t]he people's right to know the process of governmental decision-making and to review the documents . . .. leading to determinations"]; see also Public Officers Law § 84 ["(G)overnment is the public's business and . . . the public . . . should have access to the records of government in accordance with the provisions of (FOIL)"]). "An agency's records are presumptively open to public inspection, without regard to need or purpose of the applicant' "[but see end note * ] (Beechwood Restorative Care Ctr. V Signor, 5 NY3d 435, 440 [2005], quoting Buffalo News, 84 NY2d at 492).

"FOIL is to be liberally construed and its exemptions narrowly interpreted so that the public is granted maximum access to the records of government" (Capital Newspapers v Whalen, 69 NY2d 246, 252; see Buffalo News, Inc. v Buffalo Enterprise Dev. Corp. (84 NY2d 488,492 [1994]) Russo v Nassau County Community Coll., 81 NY2d 690, 697 [1993]). Further, the term "agency" under FOIL must be given "'its natural and most obvious' meaning" and must be "'liberally construed'" to further the general purpose of FOIL (Russo, 81 NY2d at 697- 698; see Buffalo News, Inc., 84 NY2d at492; see also Capital Newspapers, 69 NY2d at 251-252).

"When faced with a FOIL request, an agency must either disclose the record sought, deny the request and claim a specific exemption to disclosure, or certify that it does not possess the requested document and that it could not be located after a diligent search (see Public Officers Law § 87 [2]; § 89 [3]; Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [3d Dept 1997])" (Beechwood Restorative Care Ctr., 5 NY3d at 440-441).

For similar reasons as set forth supra, this Court determines that respondents each were or are a public "agency," meaning "any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, counsel, or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof" (Public Officers Law § 86 [3]).

Indeed, respondents essentially concede that if an entity is a "public body" for purposes of the OML, it is a public "agency" for purposes of FOIL (see generally Perez, 5 NY3d at 528), although the converse is not necessarily true (see Citizens for Alternatives to Animal Labs, Inc. v Board of Trustees of State Univ. of New York, 92 NY2d 357, 362 [1998]). Again, insofar as they have been legislatively and administratively delegated the authority to oversee the continued operations of the public benefit corporation known as ECMCC, the disposition of its assets, the fate of its public employees, and its eventual dissolution as a public benefit corporation, respondents undoubtedly are each a "board" or "other governmental agency performing a governmental or proprietary function" for the State of New York and/or County of Erie, or for the public benefit corporation known as ECMCC (Public Officers Law §86 [3]).

Again, contrary to the contention of respondents, the fact that WNYHS is incorporated as a private, not-for-profit entity is far from determinative with respect to its obligations under FOIL (see Westchester-Rockland Newspapers v Kimball, 50 NY2d 575, 580-581 [1980] [held: "voluntary organization" such as volunteer fire department or company that provides essential governmental service is nonetheless subject to FOIL]; Canandaigua Messenger, Inc. v Wharmby, 292 AD2d 835 [4th Dept 2002] [respondent "Recreation Development Corporation" is "public body" as defined by OML]; see also Stoll ex rel Maas v New York State Coll. of Veterinary Med. at Cornell Univ., 94 NY2d 162, 168 [1999] ["more public aspects of the (private entities' affairs) may well be subject to FOIL"]).

In Buffalo News, Inc. v Buffalo Enterprise Dev. Corp. (84 NY2d 488, supra), the Court of Appeals held a nominally private, not-for-profit entity to be an "agency" within the meaning of FOIL. In that case, the respondent agency was held to be "performing an essential governmental function" inasmuch as it was created "to lessen the burdens of government" and to "act in the public interest" by administering public loan programs to encourage private business development and thereby reduce unemployment; was subject to extensive public regulation, funding and other review; had numerous public officials on its board of directors; and otherwise "enjoy[ed] many attributes of public entities" (see id. at 490-492; see also Westchester-Rockland Newspapers, 50 NY2d at 580-581).

Similarly, respondents here were created by the State specifically for the purpose of carrying out the essentially governmental function of correcting a perceived oversupply of hospital and other medical services in the community by merging two hospital operators, one of them a public benefit corporation, into a new entity that will become the major provider of hospital and other health care services in Western New York. As "agenc[ies]" within the meaning of FOIL, respondents were without authority to deny the April 2008 demand of petitioner Quigley for copies of minutes of all meetings of respondent Board of Trustees and respondent WNYHS's board of directors since January 1, 2007. Such meeting minutes necessarily constitute "public records" that must be made available to petitioner Quigley pursuant to FOIL (see Public Officers Law §§86 [4]; 87 [2]; see also § 106 [3]).

The full text of the decision is posted on the Internet at:

*N.B. In New York State Rife and Pistol Asso., Inc., v Kelly, 55 AD3d 222, the Appellate Division held that NYC Police Commissioner Kelly is exempt from having to comply with the Association's Freedom of Information Law (FOIL) request because he met his burden of providing specific proof of the Association's intent to use the requested material for the impermissible purposes of fund-raising and/or commercial gain. The Association had filed a FOIL request seeking a list, in digital format, of the names and addresses of all pistol licensees in the City of New York, other than those authorized to carry a weapon pursuant Public Officers Law §89(7). 

July 13, 2012

Slipping and falling as the result of an undetectable unknown substance on road constitutes an accident within the meaning of the Retirement and Social Security Law


Slipping and falling as the result of an undetectable unknown substance on road constitutes an accident within the meaning of the Retirement and Social Security Law
Sammon v DiNapoli, 2012 NY Slip Op 05587, Appellate Division, Third Department

City of Yonkers Firefighter Michael M. Sammon’s application for accidental disability retirement benefits was denied by the New York State Employees’ Retirement System.

Sammon had fallen when “his foot gave way on a slippery spot on the ground.” As a result he was unable to continue performing the duties of a firefighter. Ruling that Sammon’s disability did not result from an accident within the meaning of Retirement and Social Security Law, the System approved his application for performance of duty disability benefits.*

Sammon filed an Article 78 petition challenging the System’s determination.

The Appellate Division annulled the System’s ruling disapproving Sammon’s application for accidental disability retirement benefits explaining that to qualify as an accident within the meaning of Retirement and Social Security Law §363, the "cause of the injury [that resulted in the disability] must be a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact." Further, said the court, the burden rests on the applicant to demonstrate that the injury was accidental. 

The Appellate Division held that Sammon satisfied both tests.

As to “slip and fall incidents,” the question of whether an accident occurred turns on whether the condition that caused the slip could have been "reasonably anticipated." Sammon and his coworker testified that the spot on the ground on which he slipped was an unknown substance that blended in with the roadway and was, thus, undetectable.

As this event occurred during the summer and there is no indication that there was inclement weather, the Appellate Division said that it could not agree with System that the fact that sometimes slippery surfaces exist in public roadways is alone enough to conclude that Sammon should have reasonably anticipated the spot on which he slipped.

The court distinguished the situation in Sammon’s case from those involving [1] an individual who was not aware of ice prior to falling but who had observed snow on ground and acknowledged parking lot” iced over in past” and [2] an applicant who did not see an oily substance on stairs but had been warned by a building inspector just prior to falling that stairs were slippery.

* Sammon's had filed an application for accidental disability retirement benefits and, in the alternative, an application for performance of duty disability retirement benefits.

The decision is posted on the Internet at:



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Courts have a limited authority in modifying a disciplinary penalty imposed by the appointing authority


Courts have a limited authority in modifying a disciplinary penalty imposed by the appointing authority
Mary Ellis v Mahon, 11 NY3d 754

In Ellis v Mahon, 49 AD2d 538, the Appellate Division the annulled the disciplinary penalty imposed on the employee – dismissal – and remanded the matter to the appointing authority “for the imposition of an appropriate penalty less severe than either termination or suspension of [the employee’s] employment.” The individual had been found guilty of incompetence.

The Appellate Division found that “The evidence did not establish, nor does the [appointing authority] suggest, that [the employee’s] conduct was motivated by any malice or selfishness, or that it resulted in any "grave injury to the agency involved or to the public weal."

The Court of Appeals reversed the Appellate Division’s determination, commenting that the worker, who was employed as an eligibility examiner tasked with processing food stamp applications, consistently processed such applications in particularly late fashion, even after multiple warnings concerning her poor performance. Thus, said the court, “we cannot conclude that the penalty of termination shocks the judicial conscience,” citing Pell v Board of Education, 34 NY2d 222.

The Court of Appeals then reiterated its view that “the Appellate Division has no discretionary authority or “interest of justice” jurisdiction in this CPLR article 78 proceeding to review the penalty imposed by the appointing authority.”

The Court cited Torrance v Stout, 9 NY3d 1022, a case involving the willful and intentional illegal disposition of county property, and Rutkanas v Stout, 8 NY3d 897, a case involving conduct that was found to have jeopardized the health and safety of his coworkers and of the public patrons of the facility at which he worked, in support of its ruling.

The decision is posted on the Internet at:

Appointing authority disqualified from acting on the recommendations submitted by a disciplinary hearing officer as a result of his personal involvement in the disciplinary process

Appointing authority disqualified from acting on the recommendations submitted by a disciplinary hearing officer as a result of his personal involvement in the disciplinary process
Prioleau v Nicoletti,
54 AD3d 768

Joseph Nicoletti, Jr., the Commissioner of the White Plains Department of Public Works, adopted the findings and recommendation of a disciplinary hearing officer finding Assistant Sanitation Superintendent Jerry Prioleau guilty of misconduct and incompetence and terminated his employment with the agency.

The Appellate Division annulled the Commissioner’s decision and remitted the matter to him. The court directing that the Commissioner appoint new “a duly-qualified, impartial decision-maker authorized to review the recommendation of the hearing officer.” This new determination is to be based on the “original hearing record.”

The Court said that the Commissioner’s “personal involvement in this matter,” including meeting with Prioleau and issuing an oral directive to him which later formed the basis for over 200 specifications of misconduct, as well as the fact that he preferred the disciplinary charges against Prioleau, required that he recuse himself from reviewing the findings and recommendation of the hearing officer and acting on any of the charges.

In Ernst v. Saratoga County, 234 A.D.2d 764, the Appellate Division said that “persons who are personally or extensively involved in the disciplinary process should disqualify themselves from reviewing the recommendations of a Hearing Officer and from acting on the charges,” citing a number of decisions including Lowy v Carter, 210 AD2d 408, Hicks v Fortier, 117 AD2d 930; and Ortiz v Lesser, 83 AD2d 663.”

In other cases courts have been more lenient of the appointing authority being involved in some aspect of the disciplinary process. For example, in Stanton v Board of Trustees, 550 NYS2d 16, the Appellate Division ruled that Stanton was not deprived of administrative due process even though members of the Board who voted to terminate Stanton also participated in the underlying investigation that lead to charges of misconduct being brought against her. “(A)lthough a ‘fair trial in a fair tribunal is a basic requirement of due process’,” the court said, “... it has also been recognized that ‘mere familiarity with the facts of a case gained by an agency in the performance of its statutory role does not disqualify a decision-maker.’”


Failure to perform found to result from incompetence rather than misconduct


Failure to perform found to result from incompetence rather than misconduct
Transit Auth. v. Wong, OATH Index No. 1866/08

In a disciplinary proceeding, a computer specialist was charged with both incompetence and misconduct. ALJ Kara Miller sustained the incompetence charge, finding that the respondent had overstated his qualifications and experience on his resume and lacked the requisite skill set to perform his job functions.

The ALJ, however, dismissed the three misconduct charges, finding that as to the first, the respondent was not given a clear and unambiguous order that he violated; as to the second, the Department relied on hearsay that was so attenuated as to have no value at all in order to establish the charge; and as to the third, the respondent's failure to perform an assignment was a reflection of his incompetence rather than misconduct.

ALJ Miller recommended demotion.

July 12, 2012

Jurisdictional classification, position classification and determining the compensation to be paid individuals in the State’s “civil service”


Jurisdictional classification, position classification and determining the compensation to be paid individuals in the State’s “civil service”
DeMartino v City of New York, 2012 NY Slip Op 22178, Supreme Court, New York County

The City of New York promulgated Personnel Orders No. 2012/1 and 2012/2 that approve and resulted in an amendment to Rule X of the Personnel Rules and Regulations of the City of New York.

The amendments to Rule X, reclassified 106 heretofore ungraded [presumably NS or “non-statutory” positions] that were so-called “prevailing rate titles” into 14 new occupational titles, “with four grade levels within each service classification affecting salaries and benefits.

DeMartino filed an Article 78 petition seeking a court order annulling Personnel Orders No. 2012/1 and 2012/2, contending that the determinations were unilateral, arbitrary and capricious, in violation of Labor Law §220, and the reclassification provisions of Civil Service Law §20.*

The City opposed the petition claiming that it had “complied with Civil Service Law §20 [1] when it allocated titles within a salary grade construct because it did not change a jurisdictional classification.” The City also contended that Civil Service Law §20 only applies when a title is changed from competitive to [the] noncompetitive or [the] exempt class [or the labor class].

Supreme Court disagreed with the City’s position, holding that the legislative intent of Labor Law §220 is to impose upon the state and municipal corporations the same obligations of paying the prevailing rate of wages to laborers, workmen and mechanics employed in public works, in ungraded or noncompetitive employment** as private employers.

Supreme Court then granted DeMartino’s petition and annulled the two challenged Personnel Orders  .


* NYPER comments: §20 of the Civil Service Law addresses the jurisdictional classification and jurisdictional re-classification of positions by a civil service department or personnel officer, which determination is subject to the approval of the State Civil Service Commission. 


Civil Service Law §2.10 defines the term "jurisdictional classification" as the assignment of positions in the classified service to the competitive, non-competitive, exempt or labor classes while §2.11 defines the term "position classification" as a grouping together, under common and descriptive titles, of positions that are substantially similar in the essential character and scope of their duties and responsibilities and in the qualification requirements therefor. 


Positions in the classified service are typically allocated to a salary grade. See, for example, §130.1.a(1) of the Civil Service Law with respect to certain positions in the service of the State as the employer


Those positions that are not allocated to a salary grade are referred to as “Other Statutory” [O.S.] where the compensation to be paid to the incumbent is set by law or “Non-statutory” [NS] where the salary is typically determined by the entity’s budget as “not to exceed” a designated amount. An example of an “O.S.” position: §40.1 of the Executive Law sets the annual salary of the State Comptroller..


** NYPER comments: As noted above, a position in the classified service that is “Ungraded” is typically referred to as an “N.S.” or “O.S.” position. Being “Ungraded” does not in itself determine the jurisdictional classification of the position. All positions in the classified service are automatically in the competitive class unless the position has been classified or reclassified to a different jurisdictional class as provided by law or has been otherwise so designated by statute.

The decision is posted on the Internet at:


In an appeal to the Commissioner of Education the aggrieved party has the burden of demonstrating a clear legal right to the relief he or she is seeking


In an appeal to the Commissioner of Education the aggrieved party has the burden of demonstrating a clear legal right to the relief he or she is seeking
Nicholas Washburn v Ellenville Central School District, Decisions of the Commissioner of Education, Decision #16,368

Nicholas Washburn challenged the termination of his probationary appointment and his denial of tenure by the Ellenville Central School District Board of Education at the end of the third year of his probationary appointment as a physical education teacher.

In response to the superintendent writing to Washburn informing him that she would recommend termination of his services as a probationary teacher effective July 22, 201 at a board to be held on June 22, 2010, Washburn requested “a written statement of the reasons for the superintendent’s negative recommendation.”

The superintendent replied to Washburn indicating that her recommendation was based on his failure to follow certain directives and practices and set forth a number of examples of such omissions.

When the Board terminated Washburn’s probationary appointment effective July 22, 2010, he appealed the Board's decision to the Commissioner of Education.

In his appeal Washburn contended that the reasons for his termination and denial of tenure were “false and pretextual” and asked the Commissioner to annul the Board’s action and to grant him tenure retroactive to June 22, 2010.

The Board, in rebuttal, argued that [1] Washburn failed to state any procedural violation of Education Law §3031 with respect its terminating his probationary appointment and [2] that he did not established any basis for granting him tenure retroactively. The Board also claimed that Washburn had failed to exhaust his administrative remedies under the relevant collective bargaining agreement.

As to the Board’s “affirmative defense” that Washburn failed to exhaust his administrative remedy under the collective bargaining agreement, the Commissioner said that “other than this conclusory allegation,” the Board neither supplied any facts nor made any reference to any “applicable provisions of the agreement.”  Accordingly, the Commissioner ruled that the Board had not established this defense. 

Turning to the merits of Washburn’s appeal, the Commissioner observed that “generally, a board of education has the unfettered right to terminate a probationary teacher or administrator’s employment for any reason, unless the employee establishes that he or she was terminated for a constitutionally impermissible reason or in violation of a statutory proscription or decisional law.” Further, said the Commissioner, the aggrieved party “has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which [he or she] seeks relief.”

Although Washburn alleged that the Board’s decision to terminate his probationary employment and deny him tenure violated his right to due process, the Commissioner said that he failed to allege any procedural violation of Education Law §3031 or any other applicable statute.  Further, said the Commissioner, the record indicated that the Board complied "in all respects with the statutory procedural requirements for terminating a probationary employee and denying a probationer tenure."  

Nor, said the Commissioner, did Washburn establish that he was terminated for a constitutionally impermissible reason or in violation of statute.

Having failed to articulate a clear legal right to the relief requested, the Commissioner ruled that Washburn failed to meet his burden and dismissed his appeal.

The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume52/d16368.html

July 11, 2012

An employer may, but is not required to, create a new job or create a light-duty version of the disabled employee’s current job in order to provide a reasonable accommodation


An employer may, but is not required to, create a new job or create a light-duty version of the disabled employee’s current job in order to provide a reasonable accommodation
Jacobsen v New York City Health & Hosps. Corp., 2012 NY Slip Op 05478, Appellate Division, First Department

William Jacobsen alleged that he was wrongfully terminated from his position because of a disability in violation of the New York State Human Rights Law (Executive Law §296[1][a]) and the New York City Human Rights Law (Administrative Code of City of NY §8-107[1][a]).

Diagnosed with pneumoconiosis, an occupational lung disease, Jacobsen requested, and was granted, a medical leave of absence. Subsequently Jacobsen’s physician cleared to return to work on January 3, 2006, but directed that he not be present at any construction site. HHC sent a letter to Jacobsen’s physician setting out his duties and explaining that he is required to spend approximately 75% of his time in the field monitoring construction sites. Jacobsen’s union representative then asked HHC to let him return to work with an accommodation of being assigned work "that he is capable of doing in the office." In addition, Jacobsen provided another letter from his physician stating that he was medically cleared to work in the field.

Ultimately HHC told Jacobsen that he would be placed on unpaid medical leave for six months and his job would be left open in the event that his condition improved, indicating that his union’s proposed accommodation, relocation to the central office, was not feasible because the duties of his position required that he visit facilities that have ongoing construction. Jacobsen’s physician then advised HHC that Jacobsen “could never be medically cleared to perform the essential functions of his current duties because he should not be further exposed to any type of environmental dust.”

HHC terminated Jacobsen at the end of his six-month leave of absence, whereupon he commenced an action for wrongful termination because of a disability.

To state a prima facie case of employment discrimination due to a disability, a plaintiff must demonstrate that he or she suffered from a disability and that the disability caused the behavior for which he or she was terminated (Matter of McEniry v Landi, 84 NY2d 554). Once a plaintiff establishes a prima facie case, the burden shifts to the employer, here HHC, to show that the disability prevented Jacobsen "from performing the duties of the job in a reasonable manner or that the employee's termination was motivated by a legitimate nondiscriminatory reason".

The Appellate Division concluded that HHC met its burden by establishing that at the time of termination, Jacobsen was unable to perform the duties of his job because of his lung condition and that no reasonable accommodation was available.

Under the Executive Law §292 [21-e], a "reasonable accommodation" is defined as "actions taken by [an] employer which permit an employee . . . with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held . . . provided, however, that such actions do not impose an undue hardship on the business." Similarly, the City's Human Rights Law provides that an employer "shall make reasonable accommodation to enable a person with a disability to satisfy the essential requisites of a job" (Administrative Code §8-107 [15][a]).

However, said the court, "an employer is not required to find another job for the employee, create a new job, or create a light-duty version of the current job."

Under both New York's Executive Law and the City's Administrative Code, an employer is required to perform an individual assessment of an employee prior to terminating him or her. In this instance it was only after Jacobsen's doctor and Jacobsen himself confirmed that he could no longer work at construction sites that HHC terminated him from his position.

Accordingly, the Appellate Division affirmed Supreme Court’s order granting HHC’s motion for summary judgment dismissing the complaint.

The decision is posted on the Internet at:

Terminated employee’s actions that did not constitute misconduct but was an error of judgment does not disqualify the individual for unemployment insurance benefits


Terminated employee’s actions that did not constitute misconduct but was an error of judgment does not disqualify the individual for unemployment insurance benefits
Jackson (County of Nassau Civ. Serv. Commn.--Commissioner of Labor), 2012 NY Slip Op 05372, Appellate Division, Third Department

A correction officer at the Nassau County Correctional Facility began a “personal relationship with a man who was later incarcerated at that facility.” She continued to have a personal relationship with this individual following his incarceration and communicated with him on her cell phone in contravention of the facility’s policy prohibiting corrections personnel from fraternizing with inmates.

Ultimately the correction officer was terminated from her position and she was later disqualified from receiving unemployment insurance benefits on the ground that her employment was terminated due to misconduct.

The Unemployment Insurance Appeal Board, however, reversed this decision and ruled that correction officer was entitled to receive benefits because her activities did not constitute misconduct, but rather an error of judgment.

The Appellate Division sustained the Board’s ruling.

Rejecting the facility’s appeal, the court explained that the question of whether an applicant for unemployment insurance benefits had engaged in disqualifying misconduct is a factual issue for the Board to resolve and “its determination will not be disturbed if supported by substantial evidence.”

Notably, said the court, "not every mistake, exercise of poor judgment or discharge for cause will rise to the level of misconduct." Although the correction officer’s making the phone calls violated the employer's policy prohibiting corrections personnel from having personal conversations with inmates, she had testified that she was unaware of this policy.

The court, “based upon the limited record” before it, concluded that substantial evidence supported the Board's finding that correction officer's actions, “albeit inappropriate, did not rise to the level of misconduct disqualifying her from receiving unemployment insurance benefits.”

The decision is posted on the Internet at:

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New York Public Personnel Law Blog Editor 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.
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