Daughter alleged to have stolen over $148,000 of New York State Public Employees’ Retirement System funds following her failure to report her father’s death to the System
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 in other jurisdictions in general.
June 18, 2016
Daughter alleged to have stolen over $148,000 of New York State Public Employees’ Retirement System funds following her failure to report her father’s death to the System
Daughter alleged to have stolen over $148,000 of New York State Public Employees’ Retirement System funds following her failure to report her father’s death to the System
Former treasurer of a volunteer fire company indicted for wire fraud and subscribing to false tax returns
Former treasurer of a volunteer fire company indicted for wire fraud and subscribing to false tax returns
Preet Bharara, the United States Attorney for the Southern District of New York, Thomas P. DiNapoli, New York State Comptroller, Shantelle P. Kitchen, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), Diego Rodriguez, the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and George Beach, Superintendent, New York State Police reported the arrest of Michael Klein, the former treasurer of the Mahopac Volunteer Fire Department (“MVFD”), on charges of wire fraud and subscribing to false tax returns.
Klein, Fire Department’s elected treasurer, is alleged to have stolen $5.7 million of the Fire Department’s monies over a period of more than 13 years.
Requiring employees to submit to a “dog-sniffing test” for illegal drugs
Requiring employees to submit to a “dog-sniffing test” for illegal drugs
June 17, 2016
The Doctrine of Election of Remedies bars an individual from attempting to litigate a matter involving the same issue earlier adjudicated in a different forum
The Doctrine of Election of Remedies bars an individual from attempting to litigate a matter involving the same issue earlier adjudicated in a different forum
Appeal of Matthew Nadolecki, Decisions of the Commissioner of Education, Decision No. 16,894,
The Commissioner explained that in his grievance Nadolecki’s claimed that the school district violated the provisions of the collective bargaining agreement and these was the same issues he presented in his appeal to the Commissioner.
* In contrast to SDHR’s dismissing Nizamuddeen’s complaint on the merits, had SDHR dismissed his complaint for “administrate convenience” or had Nizamuddeen, prior to the hearing before the SDHR hearing officer, successfully requested that SDHR dismiss his complaint and annul his “election of remedies” to submit to the jurisdiction of SDHR, he could have pursued his Human Rights Law claim in a judicial forum.
June 16, 2016
Consolidation of Investigator titles in State Department and Agencies
Consolidation of Investigator titles in State Department and Agencies
New York State Department of Civil Service
General Information Bulletin No. 16-03, Investigator Titles Consolidation
General Information Bulletin No. 16-03 is posted on the Internet at:
Reimbursment of Medicare premiums paid by retirees participating in their former employer’s health insurance plan
Supreme Court, Broome County, granted Theodora Q. Bryant’s CPLR Article 78 application to annul a determination of Chenango Forks Central School District to terminate reimbursement of certain Medicare premiums.*
The Public Employment Relations Board directed the School
District to rescind its June 2003 memorandum in which it notified
employees and retirees that it was terminating its practice of reimbursing
Medicare Part B premiums.
In a companion case PERB ruled that the school district must
reinstate its former practice of reimbursing retirees for Medicare Part B
premiums -- the same relief sought in the current proceeding.
The Appellate Division noted that PERB's order in the
companion case has been upheld by the Court of Appeals [see 2013 NY Slip Op
04039 (2013)]. Accordingly, Bryant received the full relief challenged by School
District in the current appeal as a result of that determination, .
Accordingly, the court ruled that the instant appeal is now moot.
As to argument advanced under color of an exception to the
mootness doctrine, the Appellate Division held that the claimed exception “does
not apply in that, although the issue advanced herein may recur and is
significant, it is not likely to evade review.”
* The underlying
facts are set forth in the Appellate Division’s prior decision (21 AD3d 1134
[2005]) and in the companion case brought by the Chenango
Forks Central School
District (Matter
of Chenango Forks Cent. School Dist. v New York State Pub. Empl. Relations Bd.,
95 AD3d 1479 [2012], affd ___ NY3d ___, 2013 NY Slip
Op 04039 [2013]). See, also, NYPPL’s summary of that decision posted on the
Internet at http://publicpersonnellaw.blogspot.com/search?q=bryant
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_04379.htm