New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Tag Archives: Civil Service discipline

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

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

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 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

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

Arbitration Award Vacated Due to Failure to Consider Whistleblower defense

Posted in Civil Service Discipline
Kowaleski v. DOCS The Court of Appeals recently overturned an arbitrator’s award: The Court reported that: In 2002 Barbara Kowaleski a CO assigned to Hale Creek observed another CO use excessive force against an inmate and refused her sergeants request to sign a report that the inmate had assaulted the officer.  Thereafter, Kowaleski was the… Continue Reading

NY Public Personnel Law on Whistleblower case

Posted in Civil Service Discipline
 The always informative NY Public Personnel law blog on a recent whistleblower case: Arbitrator’s refusal to hear employee’s “whistle blower” defense in the course of disciplinary hearing requires the vacating of the award   Arbitrator’s refusal to hear employee’s “whistle blower” defense in the course of disciplinary hearing requires the vacating of the award Matter… 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

NYPD Prior Probationary Service Counts Upon Reinstatement

Posted in Article 78, Civil Service, Civil Service Discipline
NYPD Prior Probationary Service Counts Upon Reinstatement Ward v  Kelly Petitioner, Michael Ward, sought to annul a decision of the NYPD, to terminate him as a Probationary Police Officer on March 11, 2009. In July 2006, Petitioner was originally appointed as a probationary police officer. Approximately nineteen months later, Ward resigned from his position in order… Continue Reading