§Why CasetextPricing

In the Matter of New York State Correctional Officers and Police Benevolent Association, Inc., et al., Appellants,v.Governor's Office of Employee Relations, et al., Respondents.

Brief

16 Cited authorities

  1. Matter of Field Delivery Serv

    66 N.Y.2d 516 (N.Y. 1985)   Cited 378 times
    Stating that agency decision "which neither adheres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious"

  2. Matter of Montauk Improvement v. Proccacino

    41 N.Y.2d 913 (N.Y. 1977)   Cited 120 times
    In Matter of Montauk Improvement v Proccacino (41 N.Y.2d 913), the Court of Appeals held: "'[A] reviewing court, in dealing with a determination * * * which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency.

  3. Matter of Woodward v. Governor's Office

    279 A.D.2d 725 (N.Y. App. Div. 2001)   Cited 28 times
    In Woodward v. Governor's Office of Employee Relations, 279 AD2d 725, a grade 22 Senior Correction Counselor assigned to conduct Tier III Superintendent's Hearings filed an out-of-title work grievance seeking either the removal of his name from the list of individuals assigned to conduct such hearings or, the alternative, that he be properly compensated for performing the tasks of a grade 25 Hearing Officer.

  4. Matter of Martin

    70 N.Y.2d 679 (N.Y. 1987)   Cited 28 times

    Decided July 7, 1987 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Robert Abrams, Attorney-General (O. Peter Sherwood and Rochelle M. Baron of counsel), for appellant. Jon C. Flinker and Richard A. Levin for Troy Publishing Company, Inc., respondent. MEMORANDUM. The Appellate Division order should be reversed, with costs, and the case remitted to that court with direction to remand to the Unemployment Insurance Appeal Board for further proceedings in accordance

  5. In re Caruso v. Mayor, Vil. of S Glens Falls

    278 A.D.2d 608 (N.Y. App. Div. 2000)   Cited 11 times

    December 14, 2000. Appeal from a judgment of the Supreme Court (Williams, J.), entered April 26, 1999 in Saratoga County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to prohibit respondents from assigning nonsupervisory personnel to out-of-title duties. De Cataldo De Cataldo (Robert T. De Cataldo of counsel), Schenectady, for appellant. Roemer, Wallens Mineaux (Elayne G. Gold of counsel), Albany, for respondents. Before: Mercure, J.P., Spain, Carpinello

  6. In re of Sprague

    13 A.D.3d 849 (N.Y. App. Div. 2004)   Cited 7 times

    95597. December 16, 2004. Kane, J. Appeal from a judgment of the Supreme Court (Lamont, J.), entered July 29, 2003 in Albany County, which granted petitioners' application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Governor's Office of Employee Relations denying petitioner Stuart Sprague's out-of-title work grievance. Before: Spain, J.P., Carpinello, Mugglin and Rose, JJ., concur. Petitioner Stuart Sprague is employed by respondent Department of Transportation

  7. Matter of Kuppinger v. Governor's Office

    203 A.D.2d 664 (N.Y. App. Div. 1994)   Cited 16 times

    April 14, 1994 Appeal from the Supreme Court, Albany County (Travers, J.). Mikoll, J.P. Petitioner Patricia A. Kuppinger (hereinafter petitioner) holds the position classified as "Nurse II, Grade 16" at Buffalo Psychiatric Center in Erie County. She alleges that she has been regularly assigned to the position of lead supervisor, an in-house title established to provide for supervisory duties in the absence of a position classified as "Nurse Administrator I, Grade 20" who is charged with such duties

  8. Collins v. Governor's Office of Employee Relations

    211 A.D.2d 1001 (N.Y. App. Div. 1995)   Cited 14 times

    January 26, 1995 Appeal from the Supreme Court, Albany County (Bradley, J.). Peters, J. Petitioners are classified in the civil service Nurse II (psychiatric) title and are employed by respondent Western New York Children's Psychiatric Center (hereinafter CPC). According to the classification standard of the Department of Civil Service, a Nurse II "coordinates, directs and provides nursing care activities in a hospital ward, clinic or infirmary" and is "supervised by higher ranking nursing positions

  9. In re Brynien

    71 A.D.3d 1275 (N.Y. App. Div. 2010)   Cited 1 times

    No. 507882. March 11, 2010. Appeal from a judgment of the Supreme Court (Lynch, J.), entered December 24, 2008 in Albany County, which, among other things, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Governor's Office of Employee Relations denying petitioner's out-of-title work grievances. William P. Seamon, New York State Public Employees Federation, AFL-CIO, Albany (Edward J. Aluck of counsel), for appellant. Andrew M

  10. Matter of Steen v. Governor's Office

    271 A.D.2d 738 (N.Y. App. Div. 2000)   Cited 9 times

    April 6, 2000. Appeal from a judgment of the Supreme Court (Connor, J.), entered September 20, 1999 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Governor's Office of Employee Relations denying petitioners' out-of-title grievances. Eliot Spitzer, Attorney-General (Lew A. Millenbach of counsel), Albany, for respondents. William P. Seamon, Public Employees Federation (Elizabeth R. Schuster of counsel)

  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation