New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Civil Service

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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

Upcoming City Exams

Posted in Civil Service
As reported by Lisa Colangelo of the NY Daily News, New York City released a list of city exams that it plans to give over the next 12 months. These exams are for jobs ranging from a police officer and school safety to case workers, statistician and plasterers. Civil service is great opportunity for job… 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

NYPD April 2011 Cadet Class postponed

Posted in Civil Service, Employment Law
April 2011 Police Academy Postponed April’s Police Academy has been postponed until July 2011. July’s class will consist of 900 members, including the 540-cadet class members who were postponed in January. The city’s goal is to save money by having only one class for the year.   Read more at Silive.com     NY Daily News take… Continue Reading

3020-a Morrell v. DOE

Posted in 3020a, Civil Service
In the Matter of Renee Morrell v. New York City Department of Education   Pursuant to CPLR 7511 and Education Law § 3020-A, Petitioner sought to vacate the findings and recommendations made by a hearing officer regarding her employment as a tenured teacher. The hearing officer found Petitioner guilty of disciplinary charges that were filed… Continue Reading

Name Clearing Hearings

Posted in Civil Service
The always informative New York Public Personnel Law blog by Harvey Randall recently had this posting of note:   Name clearing hearings Ortiz v Ward, 546 NY2d 624 The Appellate Division, 1st Department, was asked to consider the issue of the right of a probationer discharged after the employer determines that he or she has… Continue Reading

UFT loses battle to block teacher data release

Posted in Civil Service
The UFT’s effort to block the release of teacher rating data due to unreliability was denied in Manhattan Supreme Court.  The assigned Judge held that data does not have to be reliable to be released.  A number of new agencies had requested the date under the Freedom of Information Law. Read the decision denying the… Continue Reading

Court Officer class cancelled

Posted in Civil Service
 The Office of Court Administration (OCA) reports that a class of 50 new State court officers was cancelled 36 hours before they were to be sworn in for budgetary reasons.  It is unknown how many would have come to Long Island courts.  Nonetheless, Suffolk and Nassau union officials believe without new officers the courts may… 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