Posted on March 20, 2009 by Kevin Sheerin

Technician's Article 78 appeal is dismissed and his termination confirmed

Matter of Roth v Manhasset Union Free School District

Petitioner, Jeffrey S. Roth, commenced this Article 78 proceeding to review a determination of the Manhasset Union Free School District finding petitioner guilty of misconduct and incompetence and terminating his employment. The Supreme Court denied the petitioner and dismissed the proceeding to which petitioner appealed. Due to the fact that the petition raised a substantial evidence question, the Supreme Court should have transferred the proceeding to the Court and thus the Court treated the proceeding as if it had been properly transferred and reviewed the proceeding de novo.

Petitioner was an audio-visual technician for respondent. The School District charged him with numerous acts of misconduct including physically threatening other employees and making inappropriate sexual comments to students among other things. A hearing found petitioner guilty of 14 of the 16 charges against him. The determination under review was supported by substantial evidence and it is the function of the administrative agency or Hearing Officer and not the reviewing court to weigh the evidence. Also, the penalty of termination was not shocking to the judicial conscience.

Accordingly, the Supreme Court dismissed the appeal, vacated the judgment, confirmed the determination, denied the petition, dismissed the proceeding and awarded one bill of costs to the respondent.

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For other interesting information in the personal injury file go to www.negligenceatty.com.

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Posted on March 19, 2009 by Kevin Sheerin

Current and former Manlius village officials file Article 78 to restore health insurance benefits

Three current or former Manlius village elected officials and their wives are fighting back against the village board who voted to make the officials pay more for their insurance. The purpose of this decision was to save taxpayers money but the affected officials are upset because they were promised insurance benefits and did not budget having to cover up to 60% of their insurance costs. In 1992, the board voted to offer insurance to elected officials who retired after 10 years of service. The village would pay 50% of the cost after 10 years and after 25 years would pick up the entire cost. In 1993, the board voted to end this program to cut costs but those who were already in were allowed to remain. The three officials pursuing this Article 78 appeal have agreed to pay more towards their coverage but cannot afford 60%. They feel betrayed by the village they served and are only seeking that which was promised to them.

Read full article here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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Posted on March 5, 2009 by Kevin Sheerin

Bill to eliminate residency requirements for city workers introduced

Recently, Lisa Colangelo of the Daily News wrote about a bill that would lift residency requirements for all city workers. At this point more city workers are exempt from residency requirements than are covered by them. Police officers, fire fighters, and other uniformed city workers are allowed to live in surrounding counties such as Nassau and Suffolk and city teachers can live almost anywhere. The purpose of this bill, introduced at last week’s City Council meeting, is to promote fairness among all the city workers since it doesn’t seem fair to allow some employees to live outside the city while not others.

Read full article here.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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