Friday, April 28, 2017

Court Awards Attorney Fees For Failure To Comply With FOIL

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Competitive Enterprise Institute v. The Attorney General , ____Misc. 3d___, 2017 NY  Slip Op 2713 (Albany Co. April 19, 2017), illustrates a...
Thursday, April 27, 2017

2d Circuit Continues To Hold That Title VII Does Not Outlaw Sexual Orientation Discrimination

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Zarda v. Moore, Jr. , ____F.3d____(2d Cir. April 18, 2017), is an important decision to be aware of because the Court continues to hold tha...

Firefighter Can Proceed With First Amendment Claim Notwithstanding Disciplinary Decision

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McNamara v. City of Long Beach , ____F. Supp. 2d____(E.D.N.Y. 2017) (registration required to see full case), is an important decision. A...
Wednesday, April 26, 2017

Civil Service Law Sec. 75 Decision-Employee Cannot Be Found Guilty of Uncharged Conduct

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Nitti v. County of Tioga , ____A.D.3d____, 2017 NY Slip Op 02868 (3d Dep't. April 13, 2017), is an interesting Civil Service Law Section...
Tuesday, April 25, 2017

PROPOSED AMENDMENTS TO PERB'S RULES

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PERB has recently published a copy of their proposed amended rules . As most lawyers who practice before PERB realize, many of their rules ...

Employee Who Lost His Job Because Of Prior Criminal Conviction Entitled To His Job Back

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Matter of Dudley v. City of New York , ___Misc. 3d ____, 2017 NY Slip Op 27129(N.Y. Co.2017). This is an interesting decision where a sub...
Monday, April 24, 2017

Probationary Teacher Can Be Terminated For Any Reason As Long As It Is Not An Unlawful Reason

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Matter of Co-Brellis v. Board of Education , ___A.D. 3d___, 2017 NY Slip Op 02599 (1st Dep't. April 4, 2017), is illustrative of a basic...

Notice of Claim Required for State Law Discrimination Claims in Federal and State Courts

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Croci v. Town of Haverstraw , 175 F. Supp. 3d 373 (S.D.N.Y. 2016), is an important decision to be aware of. It is common for employees who...