New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Civil Service Discipline

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Article 78 for teaching license reinstatement denied

Posted in 3020a, Article 78, Civil Service Discipline, Teacher Issues
Petitioner retired while 3020a disciplinary charges were pending against him.  The Appellate Division Second Department held that the teacher was presumed to have known the Chancellor’s rule that you cannot have your license reinstated if you resign with 3020a charges pending.   Read about this Article 78 3020a case here.… Continue Reading

Was revocation of Alcohol Counselor’s clearance because of old convictions proper?

Posted in Civil Service Discipline, Employment Law, Uncategorized
This was the recently issue in an Article 78 suit brought of remedy a security clearance revocation for old criminal convictions.   The Court addressed the issue of whether an alcohol counselor was seeking “membership” in a law enforcement agency.  The court answered this question in the negative and ordered reinstatement of the security clearance for… Continue Reading

Civil Service Law Section 76

Posted in Civil Service, Civil Service Discipline
Section 76 of the New York State Civil Service Law permits aggrieved employees to appeal a determination after disciplinary proceeding to the NYC Civil Service Commission through an Article 78 proceeding. Civil Service Law section 76 states that the Commission’s decision “shall be final inconclusive, and shall not be subject to further review in any… Continue Reading

Privilege against self incrimination not violated at NYS CSL sect 75 hearing

Posted in Article 78, Civil Service Discipline, Uncategorized
After charges were filed and a hearing held before a hearing officer Petitioner filed an Article 78 suit claiming his privilege against self incrimination had been violated. The Appellate Division, Second Department wrote: “The privilege against self-incrimination was not a bar to the disciplinary charges because the petitioner was not required to waive his immunity… Continue Reading

Plaintiff Failed to Comply with County Law 52 – Case Dismissed

Posted in Article 78, Civil Service, Civil Service Discipline
Plaintiff claimed improper termination from respondent County and alleged protection under civil service law section 75 – be the public sector whistleblower law.   Plaintiff failed to file a notice of claim as required by County law section 52 and defendants motion to dismiss this improper termination case was granted. New York State general municipal… Continue Reading

NO CREDIT FOR TIME TEACHING UNDER A DIFFERENT LICENSE Article 78 appeal denied

Posted in Appeal u rating, Article 78, Civil Service Discipline, Teacher Issues
  The question presented in this Article 78 appeal: Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status? In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to… Continue Reading

Reinstated Teacher must follow DOE Chancellor’s regulations to retain tenure

Posted in 3020a, Civil Service, Civil Service Discipline, Teacher Issues
Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have… Continue Reading

Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days

Posted in 3020a, Article 78, Civil Service, Civil Service Discipline, Teacher Issues
The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose. The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice… Continue Reading

Education Law 3020(a) termination decision upheld

Posted in 3020a, Civil Service Discipline, Teacher Issues
After and Education Law 3020-a hearing the Petitioner was terminated from employment with the New York City Department of Education. DOE.  She had been a tenured teacher and was charged with failing to plan and execute lessons after being observed on numerous dates. The Court ruled that the teacher “failed to implement the school administration’s… Continue Reading

Can I appeal a decision to terminate by an Administrative Law Judge?

Posted in 3020a, Article 78, Civil Service Discipline, Employment Law, Teacher Issues
So I frequently get asked the question: Are there are options when you are terminated following administrative hearing? The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court… Continue Reading

Can employee placed on union paid release time be shielded from discipline?

Posted in Civil Service, Civil Service Discipline
This is the question that was posed in the case of petitioner versus Manhattan and Bronx Surface Transit Operating Authority “MABSTOA” The Appellate Division First Department decided that it was violative of public policy to allow the union to place an employee who was to be disciplined on union paid release time. The lower court… Continue Reading

NYCTA Employee request for lump sum retirement payout denied

Posted in Civil Service Discipline, Employment Law
 After retiring with an investigation pending a NYCTA employee filed an Article 78 petition alleging that the NYCTA’s decision denying a hearing about his request for a lump sum payout for his time on the books was improper.  The court determined that the employee was not entitled to a hearing because he held a non-competitive… Continue Reading

Teacher’s Improper Enrollment of granddaughter does not warrant Termination

Posted in Civil Service Discipline, Teacher Issues
 In a case handled by the  Law Office of Glass & Krakower an arbitration award was reversed and  but one portion of the arbitrator’s determination was  affirmed.  The facts underlying this case were:  a Public School Teacher enrolled her granddaughter in a school whose geographical  district the child did not reside in.  The arbitrator recommended… Continue Reading

Suspension due to unauthorized electronic device! (Dep’t of Correction v. Blount)

Posted in Civil Service, Civil Service Discipline
          Respondent, a Corrections Officer was found guilty of bringing a Nook Wi-Fi Reader into a prohibited area of the inmate facility at the Rose M. Singer Canter.  Respondent admitted to her wrong doing immediately when Petitioner found the item that was not permitted in the facilities.  Respondent alleged that she had grabbed the wrong… Continue Reading

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