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
Civil Service Discipline
Teacher Appeal of Hearing Officer’s Decision Denied
Teacher’s Appeal of Hearing Officer’s ruling denied.
Continue Reading Teacher Appeal of Hearing Officer’s Decision Denied
NYC Tenured Teachers Petition to Expunge Letters of Reprimand Denied
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 §…
Petition Against OCA Transferred to Appellate Division for to Determine if Termination is Supported by Substantial Evidence
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…
Police Discipline hearings open to the public
Police disciplinary hearings are to open to the public…
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Two Separate Article 78 Petitions Filed to Overturn a Special-Use-Permit Ruling in Russia, NY
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…
Arbitration Award Vacated Due to Failure to Consider Whistleblower defense
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…
NY Public Personnel Law on Whistleblower case
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
Matter
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Retirement Benefits Denied Due to Substantial Evidence Presented by New York State
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…
Town’s Article 78 Regarding Road Denial Dismissed
In the Matter of Eastern Oaks Development v Town of Clinton, et al.
In this Article 78 case, petitioner, Eastern Oaks Development, asked the court to review a decision of Clinton where petitioner was denied their application to have its road accepted for dedication by the Town of Clinton.
In 2005, petitioner applied with…