New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Civil Service

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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

Should you appeal an NYPD disqualification?

Posted in Civil Service, Disqualification Success Stories, NYPD disqualification appeals attorney
Some of the Most  Frequent questions I receive: Should I appeal my Civil Service job disqualification? Well, consider what happens to your chances of being a law enforcement officer if you let a disqualification stand. Most law enforcement agencies are required to conduct an investigation for every exam you take but how authentic will it… Continue Reading

Teacher’s “U” rating reversed after Article 78 lawsuit

Posted in 3020a, Article 78, Civil Service
Teacher received an “U” rating due to a number of factors including attendance and lateness for the 2010-2011 school year. She received unsatisfactory ratings in seven categories in her Annual Professinal Performance Review (APPR). Her principal wrote to her stating that improperly prepared paperwork would be considered and unsatisfactory rating. As was her right the… 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

DCAS Special Officer Disqualification Reversed

Posted in Civil Service, Employment Law, Uncategorized
In a lawsuit brought by the New York community service Society for petitioner, KM, Judge Moulton of the New York County Supreme Court Held That BOTH the Department of Citywide Administrative Services and the New York City Civil Service Commission Failed to Consider Correction Law Article 23 a in Disqualifying the Petitioner. Petitioner applied for… Continue Reading

New York City violates due process law in Civil Service Law section 71 and 73 case

Posted in Accidental Disability Pensions, Civil Service
Employee of Department of Environmental Protection was found to have been illegally terminated when New York City failed to give proper notice in Civil Service Law section 73 and Civil Service Law section 71 case. Originally petitioner was terminated for failing to reply to a effort to terminate him for  non occupational injury. Later<, respondents… 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

DOE’s Motion to Dismiss CSL 75-b Whistleblower Case Denied

Posted in Civil Service
DOE’s Motion to Dismiss CSL 75-b Whistleblower Case Denied             The “whistleblower action” pursuant to Civil Service Law 75-b, claimed that Plaintiff, guidance counselor, was wrongfully terminated after “complaining to the school principal regarding improper suspensions and inadequate supervision of students.”  Defendant, Department of Education of the City of New York, filed a motion… Continue Reading

Work EMail ruled not privileged

Posted in Civil Service
 In a post from the New York Public Personnel Blog of Harvey Randall: THURSDAY, NOVEMBER 10, 2011 Attorney-client privilege may not protect confidential e-mail transmittals between an employee and his or her attorney posted from employer’s computer   Attorney-client privilege may not protect confidential e-mail transmittals between an employee and his or her attorney posted… Continue Reading