New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Article 78

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NYC Tenured Teachers Petition to Expunge Letters of Reprimand Denied

Posted in 3020a, Article 78, Civil Service, Civil Service Discipline
In the Matter of Helen Hickey v. New York City Department of Education In the Matter of Rachel Cohn v. New York City Department of Education Petitioners Helen Hickey and Rachel Cohn are two tenured teachers who seek to have “letters of reprimand” removed from the personnel files for failure to follow Education Law §… Continue Reading

Petition Against OCA Transferred to Appellate Division for to Determine if Termination is Supported by Substantial Evidence

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
In the Matter of John Dickinson v New York State Unified Court System, Office of Court Administration Pursuant to Article 78, Petitioner, John Dickinson, seeks to annul the determination of Respondent, Office of Court Administration (OCA), to terminate Petitioner. John Dickinson, Petitioner, was an Associate Court Clerk for OCA. He was terminated from his position… Continue Reading

Two Separate Article 78 Petitions Filed to Overturn a Special-Use-Permit Ruling in Russia, NY

Posted in Article 78, Civil Service, Civil Service Discipline
Both parties have started separate legal proceedings to have the Town Land Use Board of Appeal decision thrown out. The Land Use Board of Appeals determined which ruled that the “addition of an asphalt batch plant to a nonconforming quarry is an expansion of mining and requires a special use permit from the Planning Board… Continue Reading

Correction Officer Receives 60 Days Suspension for Excessive Use of Force

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
In the Matter of Department of Correction v Stanley Saint-Phard In this disciplinary proceeding, pursuant to Article 75 of the Civil Service Law, Respondent, a Correction Officer, allegedly used impermissible force against an inmate by dispersing a chemical agent in the inmate’s face and also placed the inmate in a chokehold. On October 16, 2008,… Continue Reading

Retirement Benefits Denied Due to Substantial Evidence Presented by New York State

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
Retirement Benefits Denied Due to Substantial Evidence Presented by New York State In the Matter of Stephen C. Caruana v. Thomas P. DiNapoli, as Comptroller of the State of New York, et al.. Petitioner, Stephen C. Caruana, sought to review a decision of Respondent which denied his application for accidental disability retirement benefits. In March… Continue Reading

Performance of Duty Disability Retirement Benefits Application Denied; Petitioner Suffered from Various Risk Factors Before Heart Attack.

Posted in Article 78, Civil Service, Employment Law
In the Matter of Juan C. Rivera v. Thomas P. DiNapoli, as Comptroller of the State of New York, et al. In this Article 78, Petitioner sought for to review a determination of Respondent which denied Petitioner’s Application for disability retirement benefits. In 2004, Petitioner Juan C. Rivera, a correction officer, suffered a heart attack… Continue Reading