New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Employment Law

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Petitioner Granted Back Pay With Interest

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
John Tipaldo v Christopher Lynn, etc., et al. Pursuant to Article 78, plaintiff appealed an order by the Supreme court that granted his back pay without interest in his Civil Service Law § 75-b action. The plaintiff is also asking for the court to grant his reinstatement to the prior position. In August 1996, plaintiff,… Continue Reading

FDNY Employee Petition Granted; Petitioner Allowed to Retire Instead of Being Terminated.

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
In the Matter of Thomas J. McDougall v Nicholas Scoppetta, etc., et al.   Pursuant to Article 78, petitioner, Thomas J. McDougall, requested the court review a decision of the respondent and the administrative law judge, where the petitioner was found guilty of two charges of misconduct resulting in his termination. The court needed to… Continue Reading

Plaintiff’s Complaint was Dismissed on the Grounds that FELA Did Not Apply

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
Paul Zuckerberg, et al. v Port Authority of New York and New Jersey Pursuant to the Federal Employers’ Liability Act, the plaintiffs sought to recover damages for personal injuries. The injured plaintiff was employed by the defendant as a police lieutenant. One day, the injured plaintiff was stationed at John F. Kennedy International Airport. While… Continue Reading

Petitioner Name Removed from the DOE’s Ineligible/Inquiry List After Criminal Charges are Dismissed

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
Matter of the Application of Philomena Brennan v New York City Department of Education     Petitioner, a tenured teacher, started an Article 78 proceeding against the New York City Department of Education. She wanted her name to be removed from the DOE’s Ineligible/Inquiry List and for the DOE to allow her to withdraw her… Continue Reading

Petition Dismissed; Petitioner Failed to File Motion within Respect to the Statue of Limitations

Posted in Article 78, Civil Service, Employment Law
Matter of the Application of Robert F. Hayes v The City of New York Department of Citywide Administrative Services, The New York City Fire Department, The City of New York, and The Test Validation Board for Examination (PRO) Battalion Chief   According to this Article 78 case, petitioner sought to prevent the Test Validation Board… Continue Reading

Nassau PD physical test disqualification upheld

Posted in Employment Law
  Thursday, July 15, 2010 An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basis   An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basis Pereira v Nassau… Continue Reading

Decreasing provisional employees in the workforce

Posted in Employment Law
Lisa Colangelo of the New York Daily News recently wrote about the issue of provisional workers in New York City. Over two years ago, the city was ordered to reduce the number of provisional employees in the workforce. The Department of Citywide Administrative Services has developed a five-year plan to reorganize civil service titles and… Continue Reading

Article 78 appeal for revoked insurance license denied

Posted in Article 78, Civil Service Discipline, Employment Law
Matter of Jessica Coulter v State of NY Insurance Department Petitioner brought about this Article 78 case to review a determination of the State of New York Insurance Department adopting the recommendation of a hearing officer and revoking petitioner’s insurance broker license in New York. Petitioner was charged with untrustworthiness and incompetence as an insurance… Continue Reading

Business Manager’s termination is annulled and remitted for review

Posted in Article 78, Employment Law
Matter of Jeffrey Baker v Poughkeepsie City School District Petitioner, a Business Manager for the Poughkeepsie City School District, brought about this Article 78 proceeding to review a determination of the School District adopting the recommendation of a hearing officer which found petitioner guilty of eight charges of misconduct and incompetence and terminated his employment.… Continue Reading

Probationary teacher’s retaliatory termination mandates judicial review

Posted in Article 78, Employment Law
Matter of Lisa Capece v Margaret Schultz, as Community Superintendent of Community School District 31 Petitioner brought about this Article 78 proceeding to review a determination of Margaret Schultz, Community Superintendent of Community School District 31 of the New York City Department of Education terminating petitioner from her position as a probationary public school teacher.… Continue Reading

Teacher awarded 28 days pay for late notice of termination

Posted in Article 78, Employment Law
In this Article 78 case, petitioner, David Vetter, was a probationary teacher for the Ravena-Coeymans-Selkirk Central School District for the 2005-2006 school year. In 2006, the Board of Education voted to terminate petitioner due to allegations of misconduct but did not provide written notice of this decision until a month later – two days before… Continue Reading

Civil Service Law S4562

Posted in Civil Service, Employment Law
A new Civil Service Bill, S4562, was passed that will change the probationary period for employees of the New York City Health and Hospitals Corporation appointed to a title on the non-competitive class to one year. The current five-year probationary period is considered unfair and unnecessary by many health workers. This new bill shortens the… Continue Reading

Teacher’s Article 78 petition for extended employment denied

Posted in Article 78, Employment Law
Matter of Janet Wilson v Board of Education of Harborfields Central School District In this Article 78 proceeding, Petitioner Janet Wilson sought to review a determination of the Board of Education of the Harborfields Central School District declining to extend her employment contract. Supreme Court granted her appeal which resulted in the Board pursuing an… Continue Reading

Niagara County legislator resigns when residency is questioned

Posted in Article 78, Employment Law
Andrea McNulty, a North Tonawanda Democrat decided to step down from her position following accusations that McNulty had violated a section of the public officer’s law which requires candidates to live in the districts that they represent. County Democrats first accused McNulty of violating this residency requirement back in May when they discovered through documents… Continue Reading

Nightclub’s appeal against unfair liquor authority penalties granted

Posted in Article 78, Employment Law
Café Concerto Ltd. v New York State Liquor Authority In this Article 78 proceeding, petitioner appealed a determination of the New York State Liquor Authority which imposed a civil penalty for the violation of Alcoholic Beverage Control Law § 65(1) and State Liquor Authority Rule 54.2. In January of 2006, police officers responded to a… Continue Reading

Police officer denied Accidental Disability Retirement Benefits for on the job injury

Posted in Article 78, Employment Law
Matter of Paul A. Stymiloski v. Thomas DiNapoli, as Comptroller of the State of New York This Article 78 proceeding was commenced to review a determination of respondent denying petitioner’s application for accidental disability retirement benefits. Petitioner, Paul Stymiloski, was a police officer in the Village of Ossining. In December of 2005, he was engaged… Continue Reading

Petition dismissed due to failure to exhaust administrative remedies

Posted in Article 78, Employment Law
  Matter of Ethan Mirenberg v Lynbrook Union Free School District Board of Education In this Article 78 case, petitioner appealed to the Supreme Court to review a determination of the Lynbrook Union Free School District Board of Education which affirmed a determination of the Lynbrook School Superintendent accepting the recommendation of a hearing officer… Continue Reading