2012-10-25 The PEOPLE of the State of New York, Respondent, v. Sandy FERNANDEZ, Appellant. Steven Banks, Legal Aid Society, New York City (Svetlana M. Kornfeind of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Terry–Ann Corniffe and Leonard Joblove of counsel), for respondent. Steven Banks, Legal Aid Society, New York City (Svetlana M. Kornfeind of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Terry–Ann Corniffe and Leonard Joblove of counsel),
2012-03-22 The PEOPLE of the State of New York, Appellant, v. Jeffery H. MILLER, Respondent. Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for appellant. Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for respondent. SMITH Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for appellant. Timothy P. Donaher, Public Defender, Rochester (Drew R. DuBrin of counsel), for respondent. OPINION OF THE COURT SMITH, J. [1]
2011-11-17 In the Matter of the ARBITRATION BETWEEN JOHNSON CITY PROFESSIONAL FIREFIGHTERS LOCAL 921, et al., Respondents,andVillage of Johnson City, Appellant. (Proceeding No. 1.)In the Matter of the Arbitration between Village of Johnson City, Appellant,andJohnson City Firefighters Association, Local 921 IAFF, Respondent. (Proceeding No. 2.). Coughlin & Gerhart, L.L.P., Binghamton (Paul J. Sweeney, Anna Dmitriev and Katelyn R. Dumont of counsel), for appellant. Hinman, Howard & Kattell, LLP, Binghamton
1. Scope of rules. Each municipal civil service commission shall prescribe, amend and enforce suitable rules for carrying into effect the provisions of this chapter and of section six of article five of the constitution of the state of New York, including rules for the jurisdictional classification of the offices and employments in the classified service under its jurisdiction, for the position classification of such offices and employments, for examinations therefor and for appointments, promotions
1. Filling vacancies by promotion. Except as provided in section fifty-one, vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding competitive class positions in a lower grade in the department in which the vacancy exists, provided that such lower grade positions are in direct line of promotion, as determined by the state civil service department or municipal commission; except that where the state civil service department or
1. The following offices and positions shall be in the exempt class: (a) one secretary of each state department or division, temporary state commission or other state officer authorized by law to appoint a secretary; (b) the deputies of principal executive officers authorized by law to act generally for and in place of their principals; (c) one secretary of each municipal board or commission authorized by law to appoint a secretary; (d) one clerk and one deputy clerk if authorized by law, of each
1. The non-competitive class shall include all positions that are not in the exempt class or the labor class and for which it is found by the commission having jurisdiction to be not practicable to ascertain the merit and fitness of applicants by competitive examination. Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is prescribed by the state civil service department or municipal commission having jurisdiction. No position shall be