This was the recently issue in an Article 78 suit brought of remedy a security clearance revocation for old criminal convictions.   The Court addressed the issue of whether an alcohol counselor was seeking “membership” in a law enforcement agency.  The court answered this question in the negative and ordered reinstatement of the security clearance for

Governor Cuomo signed a bill to allow provisional City workers a one time opportunity to take a “Qualified Incumbents Exam” and become permanent in their title.  This exam would be given as long as there were no upcoming open competitive examination for that title.

This bill seeks to reduce the number of provisionals

This Article 78 cases considered the requirement to file a Notice of Claim within 90 days of being terminated.  The court held that a Notice of Claim must be filed in the case of an employee being terminated.  A hearing officer found that a BOCES employee guilty of miscouct and insubordination and the respondent’s moved

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

Petitioner 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

 The Town of Colonie appointed Cunningham who was not a resident of the town to a two year term as Commissioner of Public Works.  When challenged the Appellate Division, Third Department held that the existing local law did not supercede the State Public Officers Law sect 3 or Town Law sect. 23 which required the