Tag Archives: Appointing

Standing to challenge the appointing authority's decision finalizing a disciplinary action taken against an employee

Certain residents and taxpayers of the Village [Plaintiffs] commenced a CPLR Article 78 proceeding seeking a court order annulling a resolution adopted by the Village's Board of Trustees [Board] approving, by a three-to-two vote, a modified disciplinary settlement agreement entered … Continue reading

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Excessed educator claims back pay, benefits and pension credit based on the appointing authority's alleged failure to reinstate her from the preferred eligible list

The genesis of this appeal to the Commissioner of Education was a notice sent to petitioner [Appellant] that her elementary tenure area position would be abolished effective July 1, 2003 and that her name would be placed on a preferred … Continue reading

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Procedures required to be followed by an appointing authority seeking to place an employee on disability leave pursuant to Civil Service Law §72 involuntarily

The basics with respect to placing an employee on ordinary disability leave pursuant to §72 of the Civil Service Law* involuntarily, except where the appointing authority determines that the individual's continued presence at the job site constitutes a danger to the … Continue reading

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Where a regulation permits an employee to rescind his or her resignation the appointing authority's decision should made within a reasonable period of time

Where a regulation permits an employee to rescind his or her resignation the appointing authority's decision should made within a reasonable period of timeJoyce v New York City Dept. of Educ., 2019 NY Slip Op 01183, Appellate Division, First DepartmentIn … Continue reading

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An appointing authority may formulate and implement procedures to be used to promote its employees

An appointing authority may formulate and implement procedures to be used to promote its employeesSinopidis v Port Authority of New York and New Jersey, 2019 NY Slip Op 00830, Appellate Division, First DepartmentA candidate for promotion from Port Authority of … Continue reading

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