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
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
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
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
Executive Law §296, Discrimination in the workplace, notice of claim
Continue Reading Notice of Claim Does Not Cover Subsequent Acts
“OATH and taxi”, TLC licensees, Office of Administrative Trials and Hearings.
Continue Reading Taxi and TLC Licensee cases at OATH
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
ALJ Decided to Drop Charges Against a Sewage Treatment Worker Due to a Lack of Evidence
Continue Reading ALJ Decided to Drop Charges Against a Sewage Treatment Worker Due to a Lack of Evidence
“department of sanitation” “drug test” “termination”
Continue Reading Sanitation Employee Allowed to Retire in Lieu of Termination
The Bronxville Library is one of the great libraries in New York. I spent countless hours there in 1982 studying for NYPD Sergeant. This photo shows one of its rooms.
It had a recent controversy went it awarded a raise to its Director then rescinded the raise. The director responded by filing an