ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

September 04, 2020

ADA, FMLA, and the COVID-19 pandemic: How do they all come together?

Join Wolters Kluwer Legal Analyst Pamela Wolf for a one-hour roundtable discussion with a top-notch panel of experts who will help sort out employee leave issues, how the ADA and the FMLA intersect, and the impact of the FFCRA and the COVID-19 pandemic on these leave laws.


Topics of discussion will include:

Best practices

Understanding how the ADA and FMLA intersect

How COVID-19 impacts leave obligations

“Real life” workplace scenarios

Date: 9/23/2020 - Time: 1:00-2:00 PM EDT  

Live attendance is eligible for 1 complimentary CLE credit

Click below to Register:

https://know.wolterskluwerlr.com/LP=2169?utm_campaign=2327_L%26E%20Webinar%2009%2F2020%20ADA%20FMLA%20COVID&utm_medium=email&utm_source=Eloqua&elqTrackId=7046B34E6262B14525C89C3BE5109DCA&elq=e1b3c90aee86431780f7191a03fca717&elqaid=26516&elqat=1&elqCampaignId=11712

September 03, 2020

Failing to comply with statutory requirements for filing a complaint and, or, notifying the correct party of the alleged act or omission is a fatal procedural defect

Seeking reinstatement and back pay following his dismissal from his position, Petitioner [Plaintiff] brought a CPLR Article 78 action asking Supreme Court to review the determination of the Board of Education [Board] [a] terminating his employment and [b] its denial of payment for [1] certain days that he alleged he had worked, [2] his accrued sick leave credits, and [3] his unused health care benefits.
 
The Board, contending that Plaintiff had not complied with the notice of claim requirements set out in Education Law §3813(1), moved to dismiss Plaintiff's petition. The Supreme Court granted the Board's motion, in effect denying Plaintiff's petition for failure to comply §3813(1) and dismissed the proceeding. Plaintiff appealed the court's ruling.
 
The Appellate Division, affirming the lower court's ruling, explaining that §3813[1] provides that a written verified claim upon which such action or special proceeding is founded must be presented to the governing body of the school district "within three months after the accrual of such claim, and that the officer or body having the power to adjust or pay said claim has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment."
 
Citing Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, the Appellate Division, said a "failure to present a claim within the statutory time limitation or to notify the correct party, is a fatal defect."
 
While the Court of Appeals has held that where the school district has been sufficiently informed of the claim all that is required is substantial compliance with the statute regarding the degree of descriptive detail in a notice of claim, it has "nevertheless, always insisted that statutory requirements mandating notification to the proper public body or official must be fulfilled." Further, opined the Appellate Division, §3813[1]'s prerequisite is not satisfied by presenting such notice to any other individual or body and, moreover, "the statute permits no exception regardless of whether the Board had actual knowledge of the claim or failed to demonstrate actual prejudice."
 
Agreeing with the Supreme Court's finding that Plaintiff failed to present his purported notice of claim to the governing body, namely, the Board, the Appellate Division pointed out that Plaintiff's sending a letter setting out his claims to the School District's Superintendent did "not constitute service upon the Board."
 
The fact that the Board ultimately obtained actual knowledge of the letter from the Superintendent's office did not satisfy the mandates set out in §3813[1] and Plaintiff failed to submit an affidavit of service or any other evidence to demonstrate that he had, in fact, served or presented his letter to the Board.
 
The decision is posted on the Internet at: 

 

September 02, 2020

New York State registered voters concerned about risk or exposure to COVID-19 may request an absentee ballot for the November 3, 2020 election


New York State's Governor Andrew M. Cuomo issued an Executive Order permitting any New York State registered voter concerned about risk or exposure to COVID-19 to request an absentee ballot.
 
On September 1, 2020, Governor Andrew M. Cuomo announced the launch of New York's Absentee Ballot Portal where voters can directly request an absentee ballot for the November 3, 2020 election. The Governor's Executive Order to permits any voter concerned about risk or exposure to COVID during the ongoing pandemic to request an absentee ballot.   

The Governor also issued an Executive Order to bolster and support New Yorkers' right to vote. The order requires county boards of elections to take concrete steps to inform voters of upcoming deadlines, be prepared for upcoming elections and help ensure absentee ballots can be used in all elections.

All Registered New York State Voters Can Request an Absentee Ballot Here

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.