NYC job applicaitions procedure through DCAS
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Article 78. Future Fire Fighhter reinstated to eligibility list (Jeffrey Tamsen v Olivia A. Licata, Director. City of Buffalo)
By Kevin Sheerin on
Posted in Article 78, Civil Service
A future fire fighter filed an Article 78, due to arbitrary and capricious reasoning for being kicked off the eligibility list. He won!
Continue Reading Article 78. Future Fire Fighhter reinstated to eligibility list (Jeffrey Tamsen v Olivia A. Licata, Director. City of Buffalo)
Petition Dismissed Due to Four Month Statue of Limitations
By Kevin Sheerin on
Posted in Article 78, Employment Law
In the Matter of Jerome Skrine v New York City Department/ Board of Education
Petitioner brought this Article 78 proceeding to seek to compel Respondents to accept the revocation of his resignation.
On October 31, 2008, Petitioner resigned from his position as a tenured special education teacher. In a letter dated June 10, 2010, Petitioner…
Retirement Benefits Denied Due to Substantial Evidence Presented by New York State
By Kevin Sheerin on
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…
Performance of Duty Disability Retirement Benefits Application Denied; Petitioner Suffered from Various Risk Factors Before Heart Attack.
By Kevin Sheerin on
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…
Petition Annulled Due to Illegal Stop
By Kevin Sheerin on
Posted in Article 78
In the Matter of Kyle P. McDonell v New York State Department of Motor Vehicles, et al.
In this Article 78 proceeding, petitioner asked the court to review a determination suspending his license for refusal to submit to a chemical test.
McDonell was stopped by a NYS Trooper because he accelerated while turning onto…
NYPD Prior Probationary Service Counts Upon Reinstatement
By Kevin Sheerin on
NYPD Prior Probationary Service Counts Upon Reinstatement
Ward v Kelly
Petitioner, Michael Ward, sought to annul a decision of the NYPD, to terminate him as a Probationary Police Officer on March 11, 2009.
In July 2006, Petitioner was originally appointed as a probationary police officer. Approximately nineteen months later, Ward resigned from his position in order…
Petition Dismissed Due to Administrative Remedies Not Being Exhausted
By Kevin Sheerin on
Pitts II v City of New York Office of Comptroller
Pursuant to Article 78, petitioner sought the court to review a decision of the New York City Department of Health and Mental Hygiene (DOHMH) stating that he had violated New York City Health Code.
Petitioner received a violation notice from the DOHMH which cited him…
Overview of New York State Civil Service Commision
By Kevin Sheerin on
The New York State Civil Service Commission
The CSC exercise authority over the classified civil service of the State.
The CSC retains broad merit system oversight responsibilities for both State and local government.
The functions of the Commission can be divided into three categories:
Quasi-Legislative Authority :The Commission promulgates rules and regulations for the classified…
Arbitration agreement in CBA violates Civil Service Law
By Kevin Sheerin on
Posted in Civil Service
City of Long Beach v. Civil Service Employees Association
This Court of Appeals case centered on whether or not issues submitted by the Civil Service Employees Association were subject to arbitration.
This the history of the case includes a report issued by the New York State Civil Service…