New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Employment Law

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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

NYC provisionals get “Qualified Incumbents Exam”

Posted in Civil Service, Employment Law, NYPD disqualification appeals attorney
Governor Cuomo signed a bill to allow provisional City workers a one time opportunity to take a “Qualified Incumbents Exam” and become permanent in their title.  This exam would be given as long as there were no upcoming open competitive examination for that title. This bill seeks to reduce the number of provisionals working in… 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

Teacher’s U rating reversed because NYC DOE did not follow required procedure

Posted in Appeal u rating, Article 78, Employment Law, Teacher Issues
Petitioner appeal a U rating for the 2010-2011 school year. Judge Hunter upheld the U rating but the Appellate Division, First Department reversed the ruling holding the the BOE, currently DOE did not follow the proper Performance Review Process.  The principal did do an observation of the Petitioner but failed to: file a post observation… 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

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

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

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

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