ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

January 18, 2023

Banning an individual from school district property

Local school boards “exercise ultimate authority for access to students, school buildings and school property generally” (Matter of Lloyd v Grella, 83 NY2d 537, 547 [1994], rearg denied 83 NY2d 1001 [1994]).  School boards may impose reasonable restrictions on individuals’ access thereto (compare Appeal of Anonymous, 48 Ed Dept Rep 503, Decision No. 15,931 [reasonable restrictions upheld] and Appeal of Anonymous, 44 id. 260, Decision No. 15,167 [same] with Appeal of Anonymous, 48 id. 266, Decision No. 15,855 [“total ban” for indefinite period of time annulled]). Click on the URL below to access this decision posted on the Internet:

http://www.counsel.nysed.gov/Decisions/volume62/d18218

January 16, 2023

NYPPL's public personnel law handbooks

NYPPL's public personnel law handbooks, listed below, available for purchase from BookLocker, LLC.

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE. 

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this publication focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE. 

Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE. 

The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.

January 14, 2023

Selected judicial and quasi-judicial decisions issued during the week ending January 14, 2023

The Doctrine of Laches may bar granting an applicant workers' compensation benefits

Applying the doctrine of laches may be triggered within the context of a workers' compensation claim when a party is deemed guilty of the "failure to assert a right for an unreasonable and unexplained length of time, accompanied by other circumstances causing prejudice to the adverse party" (Matter of Fuller v Jackson, 205 AD3d 1291) and the Workers' Compensation Board's determination regarding the applicability of the laches doctrine "will not be disturbed on appeal if supported by substantial evidence" (Matter of Trombino v FMB Inc., 210 AD3d 1212. Click on the URL below to access this decision posted on the Internet:

https://www.nycourts.gov/reporter/3dseries/2023/2023_00138.htm

Governmental function immunity

A governmental entity is not entitled to governmental function immunity when engaged in a proprietary function at the time of an accident (see Wittorf v City of New York, 23 NY3d 473; Applewhite v Accuhealth, Inc., 21 NY3d 420). Nor is a governmental entitled to qualified immunity, in the absence of any evidence in the record that a study of the risks involved had been conducted (see Turturro v City of New York, 28 NY3d 469). Click on the URL below to access this decision posted on the Internet:

https://www.nycourts.gov/reporter/3dseries/2023/2023_00055.htm

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.
New York Public Personnel Law. Email: publications@nycap.rr.com