New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Tag Archives: Civil Service discipline

Petition Dismissed Due to Administrative Remedies Not Being Exhausted

Posted in Article 78, Civil Service, Civil Service Discipline
Pitts II v City of New York Office of Comptroller Pursuant to Article 78, petitioner sought the court to review a decision of the New York City Department of Health and Mental Hygiene (DOHMH) stating that he had violated New York City Health Code. Petitioner received a violation notice from the DOHMH which cited him… Continue Reading

Petitioner Request for Temporary Release Program Denied

Posted in Article 78, Civil Service, Civil Service Discipline
In the Matter of Frank Lapetina v Brian Fischer, as Commissioner of Correctional Services, et al.   Pursuant to Article 78, petitioner sought to appeal a decision by the respondent rejecting his request to partake in a temporary release program.   Petitioner is a prison inmate, who applied to partake in a temporary release program.… Continue Reading

The court affirmed the judgment and order imposing a deficit assessment on the Peitioner by Workers’ Compensation Board.

Posted in Article 78, Civil Service, Civil Service Discipline
In the Matter of Aides at Home, Inc. v State of New York Workers’ Compensation Board et al.   In this Article 78 case, petitioner asked the court to review a determination of respondent imposing an assessment against the petitioner.   From 1997 to 2000, petitioner was a member of a workers’ compensation group self-insured… 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

Petitioners states that Respondents’ decision are forcing conditions upon them; Court denied and dismissed Petition

Posted in Article 78, Civil Service, Civil Service Discipline
The Matter of David Layne v Eastchester Planning Board   Pursuant to Article 78, petitioner sought the court to review a decision of the Town of Eastcheaster Planning Board.   Jalo Realty, LLC owns three adjacent properties that are designated as three separate tax lots. One lot is completely within a single-family zoning district, and… Continue Reading

Petitioner Appealed Denied Due to Violation of Condition Six with the Parole Requirements

Posted in Article 78, Civil Service, Civil Service Discipline
The Matter of Derrick Wingate v New York State Division of Parole   In this Article 78 case, petitioner requested the court review a decision of the respondent to revoke petitioner’s parole.   Petitioner, Derrick Wingate, has an extensive and violent criminal record. In 1982, he was convicted of escape in the second degree and… Continue Reading

Petitioner tenancy terminated due to Violation of the Housing Authority’s Policy

Posted in Article 78, Civil Service, Civil Service Discipline
The Matter of the Application of Judy Florence against The New York City Housing Authority In this Article 78 case, petitioner sought to reverse respondent’s decision to terminate her lease due to failure to register and maintain her two dogs in compliance with the Housing Authority pet policy and her outstanding rent balance.   According… Continue Reading

Zoning Board of Appeals Denied Petitioner Application for Area Variances; the Court Affirmed.

Posted in Article 78, Civil Service, Civil Service Discipline
Matter of Estate of Phyllis Gravino v Thomas Young In this Article 78 case, the court reviewed a decision of the Zoning Board of Appeals of the Town of Babylon. The Zoning Board denied the petitioner’s application for area variances.   The Zoning Board of Appeals of the Town of Babylon decision to deny petitioner… 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

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

Two Onondaga County jail deputies disciplined after inmate’s suicide

Posted in Civil Service Discipline
According to Sheriff Kevin Walsh, two jail deputies have been disciplined as a result of an investigation into an inmate suicide at Onondaga County Justice Center in 2008. The first deputy was suspended and the second was counseled and retrained. Inmate, Michael Tew, 19, had been charged with second-degree arson and violating terms of probation from a… Continue Reading

Former police chief’s termination appeal for cover up attempt is dismissed

Posted in Article 78, Civil Service Discipline
Former Saranac Lake Police Chief Donald Perryman was involved in a cover up involving two police officers who were in a car accident on their way home from a training seminar. The officers admitted to drinking that afternoon. Perryman directed another officer to drive the two officers home, arranged to have the car towed from… Continue Reading

CBA requires exhaustion of administrative remedies prior to filing Article 78 petition

Posted in Article 78, Civil Service Discipline, Employment Law
Contract grievance procedures must be exhausted before a grievance is ripe for consideration by the courts Contract grievance procedures must be exhausted before a grievance is ripe for consideration by the courts Matter of Julicher v Town of Tonawanda, 2009 NY Slip Op 03273, Decided on April 24, 2009, Appellate Division, Fourth Department Dismissed from… Continue Reading

Judge continues stay of West Albany Rod & Gun Club appeal

Posted in Civil Service, Civil Service Discipline, Employment Law
A Supreme Court Justice decided to extend a temporary restraining order barring Colonie’s personnel chief, Michael Foley, from considering the appeals of two demoted highway supervisors for another ten days. The stay was first issued in December 2008 after the town sough to freeze the process arguing that the supervisors had already appealed their demotions… Continue Reading

Police officer’s termination for insubordination upheld

Posted in Article 78, Civil Service Discipline
Matter of Jason Longton Jr. v. Village of Corinth Petitioner Jason Longton Jr. brought about this Article 78 proceeding to review the determination of the Village of Corinth Board of Trustees terminating his employment as a police officer. Petitioner began working as a police officer in 2003. In 2004, he was charged with violating multiple… Continue Reading

OATH decision to demote respondent for incompetence

Posted in Civil Service Discipline, Employment Law
Transit Authority v. Wong This Article 75 disciplinary proceeding was brought about by Petitioner, NYC Transit Authority, against Respondent, Sze Tung Wong, alleging incompetence and misconduct and seeking termination. Respondent was accused of being unable to complete tasks appropriate to his position and title of Computer Specialist II, being uncooperative and unwilling to complete assignments… Continue Reading

Challenges to Civil Service Commission Decisions

Posted in Article 78, Civil Service, Civil Service Discipline, Employment Law
Challenging an administrative determination by a civil service commission Challenging an administrative determination by a civil service commission Horn v The New York City Civil Service Commission, 43 A.D.3d 760, Appellate Division, First Department Sharhann Lane, had been terminated from her position with the New York City Department of Corrections. She appealed to the New… Continue Reading

Article 78 appeal to review revoked medical license denied

Posted in Article 78, Civil Service, Civil Service Discipline
Matter of Monreal v Administrative Review Board of the State Board for Professional Medical Conduct Petitioner, F. Javier Monreal, brought about this Article 78 to review determination of respondent which revoked petitioner’s license to practice law in New York. Last year, petitioner who is a pediatric neurologist was personally served with a notice of hearing… Continue Reading

Firefighters lose appeals against terminations for drug usage

Posted in Article 78, Civil Service, Civil Service Discipline
Reinhard v City of New York Petitioner, Christopher Reinhard, brought about petition to appeal the decision terminating him from the FDNY for illegal drug use. Petitioner argued that he was denied due process because the disciplinary hearing was conducted in his absence. The Court made multiple attempts to contact petitioner at his home address, through… Continue Reading

Decision to vacate teacher misconduct unanimously reversed

Posted in Civil Service Discipline, Employment Law
Lackow v Department of Education of City of New York Supreme Court granted petitioner, Douglas Lackow’s, petition to have certain determinations of teacher misconduct vacated and remanded for imposition of a lesser penalty than termination of employment in January of 2007. Respondent, Department of Education of the City of New York brought about this appeal… Continue Reading