18 Cited authorities

  1. In Matter of Yarbough v. Franco

    95 N.Y.2d 342 (N.Y. 2000)   Cited 351 times
    In Matter of Yarbough v. Franco, 95 N.Y.2d 342, 717 N.Y.S.2d 79, 740 N.E.2d 224 [2000], the Court held that a tenant's application to vacate a default judgment extended the four-month limitations period.
  2. Cove v. Sise

    71 N.Y.2d 910 (N.Y. 1988)   Cited 50 times

    Argued March 17, 1988 Decided April 21, 1988 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard W. Wallach, J. Esther Bernheim and Joseph A. Faraldo for Francis K. Cove, Jr., and others, appellants. Rosemary Carroll for New York State Court Officers Association, appellant. Patricia P. Satterfield, Michael Colodner and John Eisenman for Joseph W. Bellacosa, intervenor-respondent. Raymond G. McGuire and Harlan J. Silverstein for New York State Supreme

  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. N.Y. State Corr. Officers & Police Benevolent Ass'n, Inc. v. Governor's Office of Emp. Relations

    105 A.D.3d 1192 (N.Y. App. Div. 2013)   Cited 5 times

    2013-04-11 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. (And Another Related Proceeding.) Sheehan, Greene, Golderman & Jacques, LLP, Albany (Erin N. Walsh of counsel), for appellants. Eric T. Schneiderman, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondents. McCARTHY Sheehan, Greene, Golderman & Jacques, LLP, Albany (Erin N. Walsh of counsel)

  5. Cushing v. Governor's Office

    58 A.D.3d 1095 (N.Y. App. Div. 2009)   Cited 7 times

    No. 505104. January 29, 2009. Appeal from a judgment of the Supreme Court (Cahill, J.), entered January 22, 2008 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 petitioner Judy M. Cushing's out-of-title work grievance. William P. Seamon, Albany (Harold Eisenstein of counsel), for appellants. Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of

  6. N.Y. State Corr. Officers & Police Benevolent Ass'n, Inc. v. Governor's Office of Emp. Relations

    126 A.D.3d 1267 (N.Y. App. Div. 2015)   Cited 2 times

    518904 03-26-2015 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. Sheehan Greene Golderman & Jacques LLP, Albany (Erin N. Parker of counsel), for appellants. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondents. McCARTHY, J.P. Sheehan Greene Golderman & Jacques LLP, Albany (Erin N. Parker of counsel), for appellants. Eric T. Schneiderman

  7. Scarsdale v. Board

    53 A.D.3d 572 (N.Y. App. Div. 2008)   Cited 6 times

    No. 2007-05504. July 15, 2008. In a hybrid action, inter alia, for injunctive relief, and proceeding, in effect, pursuant to CPLR article 78 to review a determination of the Scarsdale Union Free School District dated January 6, 2005, that certain employee responsibilities did not constitute "out-of-title" work within the meaning of the Civil Service Law, the plaintiffs-petitioners appeal from a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered May 3, 2007, which denied the

  8. 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

  9. 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

  10. 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