New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Tag Archives: Employment Law

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

Reinstated Teacher must follow DOE Chancellor’s regulations to retain tenure

Posted in 3020a, Civil Service, Civil Service Discipline, Teacher Issues
Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have… 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

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

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