By Kevin Sheerin on Posted in 3020a,Article 78,Civil Service Discipline,Teacher IssuesPetitioner 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
By Kevin Sheerin on Posted in Article 78,Civil Service Discipline,UncategorizedAfter charges were filed and a hearing held before a hearing officer Petitioner filed an Article 78 suit claiming his privilege against self incrimination had been violated. The Appellate Division, Second Department wrote: “The privilege against self-incrimination was not a bar to the disciplinary charges because the petitioner was not required to waive his immunity… Continue Reading
By Kevin Sheerin on Posted in Article 78,Civil Service,Civil Service DisciplinePlaintiff 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
By Kevin Sheerin on Posted in Appeal u rating,Article 78,Civil Service Discipline,Teacher Issues The question presented in this Article 78 appeal: Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status? In this article 78 case of which sought to annul petitioners probationary termination petitioner claimed the service under a different license would win added to… Continue Reading
By Kevin Sheerin on Posted in Article 78,Civil ServiceOne of the issues that arises in eligible list controversies is when an eligible is not reached on a list. This happens frequently in my practice that candidates call and tell me they passed an exam but either their score was not high enough to have a reasonable chance of having their list number… Continue Reading
By Kevin Sheerin on Posted in Article 78,Environmental Control BoardPetitioner is this Article 78 proceeding had been issued Notices of Violation (NOV) for failing to obtain a work permit and failing to correct violaitons. Petitioner was represented by an attorney at the first hearing and requested an adjouned and this request was granted. Petitioner and his attorney were informed that the next hearing date… Continue Reading
By Kevin Sheerin on Posted in 3020a,Article 78,Civil Service,Civil Service Discipline,Teacher IssuesThe New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose. The Court affirmed the Appellate Division, Second Department decision in that when back pay was requested a Notice… Continue Reading
By Kevin Sheerin on Posted in 3020a,Article 78,Civil Service Discipline,Employment Law,Teacher IssuesSo 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
By Kevin Sheerin on Posted in Article 78,Civil ServiceA New York State Trooper was terminated after a Section 75 hearing and filed and Article 78 proceeding to appeal the decision. The Appellate Division, Fourth Department affirmed the termination decision. One of the issues the trooper raised was that one of the charges brought against him violated the 18 month maximum time limit to… Continue Reading
By Kevin Sheerin on Posted in Appeal u rating,Article 78,Employment Law,Teacher IssuesPetitioner 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
By Kevin Sheerin on Posted in Article 78,Teacher IssuesPetitioner was a probationary teacher with the New York City Department of Education and received a “U” rating. He appealed his “U” or unsatisfactory rating to the Chancllor’s committed and they denied his appeal. In his Article 78 filing he appealed the composition of the Chancellor’s committee but had failed to preserve his appeal by… Continue Reading
By Kevin Sheerin on Posted in 3020a,Article 78,Civil ServiceTeacher 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
By Kevin Sheerin on Posted in Article 78,Teacher Issues A New York City High School teacher resigned in 2008 for personal reasons. He was brought back as a probationary assistant principal. While assistant principal he was charged for two incidents of misconduct. He was given a "U" rating and terminated while on probation. He filed an Article 78 which was denied and his case… Continue Reading
By Kevin Sheerin on Posted in Article 78 After an ECB hearing 50 West Realty Company LP was fined $500 for changing its building to a use inconsistent with its 1992 CO. The company filed an Article 78 to appeal. An Article 78 filed for a decision after a hearing was held is subject to the standard of "substantial evidence." That is,… Continue Reading
By Kevin Sheerin on Posted in Article 78 NYC HPD moved to terminate the tenancy benefits of petitioner, Perrett when it was found that Petitioner’s daughter’s $30,000 income was not reported to the subsidizing authority. The court found that termination of the tenancy was no so disproportionate to the offense in light of all the circumstances as to be shocking to once sense… Continue Reading
By Kevin Sheerin on Posted in Article 78 In an article 78 case brought in Kings County New York Sherwyn Toppin Marketing Consultants Inc. sued the New York State Liquor Authority (SLA) and requested the Supreme Court reverse the SLA’s decision canceling their liquor license. Agents from the State Liquor Authority had issued violations to the bar for permitting consumption of alcoholic beverages… Continue Reading
By Kevin Sheerin on Posted in Article 78,Civil ServiceNYPD police officer terminated. He believed it was unjust and filed an Article 78 against Raymond W. Kelly, Police Commisioner of the City of New York.… Continue Reading
By Kevin Sheerin on Posted in Article 78The Court Found That the DOE Acted Rationally Putting a Permanent City Laborer Fit to Perform on Reinstatement List… Continue Reading
