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In the Matter of Gregory Floyd, Respondent,v.City of New York, et al., Appellants. (And Ten Other Proceedings.)

Brief

18 Cited authorities

  1. Olmstead v. United States

    277 U.S. 438 (1928)   Cited 1,573 times   11 Legal Analyses
    Holding that a wiretap was not a search because “[t]here was no entry of the houses or offices of the defendants”

  2. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 243 times   3 Legal Analyses
    Finding proper balance between health concerns and cost "is a uniquely legislative function"

  3. Ricca v. Board of Educ

    47 N.Y.2d 385 (N.Y. 1979)   Cited 62 times
    Finding that petitioner's teaching service prior to formal appointment counted toward probationary service because "petitioner was indeed serving as a full-time teacher of woodworking"

  4. Hartman v. Erie 1 Boces Board of Education

    204 A.D.2d 1037 (N.Y. App. Div. 1994)   Cited 23 times

    May 27, 1994 Appeal from the Supreme Court, Erie County, Whelan, J. Present — Green, J.P., Pine, Balio, Fallon and Doerr, JJ. Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner was employed in the competitive civil service position of Manager of Information Processing for respondent Erie 1 BOCES Board of Education (BOCES). At its Board meeting on September

  5. In re Gallagher

    81 A.D.3d 1408 (N.Y. App. Div. 2011)   Cited 2 times

    No. CA 10-01291. February 18, 2011. Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John E O'Donnell, J.), entered February 5, 2010 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, granted the petition and annulled the abolition of the positions of Director of Emergency Planning for the Buffalo City School District and Stenographic Secretary to the Superintendent. DAVID RODRIGUEZ, ACTING CORPORATION COUNSEL, BUFFALO (DAVID M. LEE OF COUNSEL), FOR

  6. Sea Side Medical, P.C. v. State Farm Mutual Auto Ins.

    12 Misc. 3d 1127 (N.Y. Civ. Ct. 2006)   Cited 5 times
    In Sea Side, the court's holding rested on the fact that the defendant insurer did not satisfy the 10-day follow-up requirement under 11 NYCRR 65-3.6 (b), while noting in the factual background section that the plaintiff "correctly point[ed] out that the defendant mailed out the second requests only 28 days after the first requests had been mailed" (id. at 1128-1131).

  7. Matter of Bianco v. Pitts

    200 A.D.2d 741 (N.Y. App. Div. 1994)   Cited 12 times

    January 31, 1994 Appeal from the Supreme Court, Suffolk County (Rohl, J.). Ordered that the judgment is affirmed, with costs. It is well settled that a public employer may abolish civil service positions for purposes of economy or efficiency (see, Matter of Aldazabal v. Carey, 44 N.Y.2d 787). A position may not, however, be abolished as a subterfuge to avoid the statutory protection afforded to civil servants before they are discharged (see, Wood v. City of New York, 274 N.Y. 155). One who challenges

  8. New York State Public Employment Relations Board v. Board of Education

    39 N.Y.2d 86 (N.Y. 1976)   Cited 22 times

    Argued January 7, 1976 Decided March 25, 1976 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WALTER J. MAHONEY, J. Leslie G. Foschio, Corporation Counsel (Anthony C. Vaccaro of counsel), for appellant. Martin L. Barr and Jerome Thier for respondent. Richard Lipsitz, Thomas P. McMahon, Eugene W. Salisbury and Lawrence A. Schulz for intervenors-respondents. JONES J. We hold that judicial review, if any be desired, of the remedial provisions of an order issued

  9. Matter of Corrigan v. Joseph

    106 N.E.2d 593 (N.Y. 1952)   Cited 48 times
    In Matter of Corrigan v. Joseph, 304 N.Y. 172 (1952), the Court recognized that Civil Service Law (1909) § 11, the predecessor to section 20, required approval by the State Civil Service Commission as a prerequisite to the validity of local rules.

  10. Matter of Stein v. Nassau Cty. Civil Serv

    176 A.D.2d 739 (N.Y. App. Div. 1991)   Cited 2 times

    October 7, 1991 Appeal from the Supreme Court, Nassau County (Collins, J.). Ordered that the judgment is affirmed, with costs. Administrative determinations concerning classification of positions are subject to limited judicial review and will not be disturbed in the absence of a showing that they are wholly arbitrary or without any rational basis (see, Cove v. Sise, 71 N.Y.2d 910, 912; Matter of Dillon v. Nassau County Civ. Serv. Commn., 43 N.Y.2d 574, 580). Here, the County explained that due to