40 Cited authorities

  1. Burns Jackson v. Lindner

    59 N.Y.2d 314 (N.Y. 1983)   Cited 818 times   1 Legal Analyses
    Holding that plaintiff had common law right to sue for illegal strikes despite lack of a private cause of action under New York statute prohibiting illegal strikes
  2. Ostrov v. Rozbruch

    91 A.D.3d 147 (N.Y. App. Div. 2012)   Cited 298 times   1 Legal Analyses
    In Ostrov, the First Department held that, in the context of summary judgment, "[s]upplemental affirmations... should be sparingly used to clarify limited issues, and should not be utilized as a matter of course to correct deficiencies in a party's moving or answering papers" (emphasis added).
  3. Sheehy v. Big Flats Community

    73 N.Y.2d 629 (N.Y. 1989)   Cited 345 times
    Rejecting implied right of action as "inconsistent with the evident legislative purpose underlying the (statutory) scheme" and refusing to "overrid(e) this legislative policy judgment"
  4. Metz v. State

    2012 N.Y. Slip Op. 8172 (N.Y. 2012)   Cited 95 times   1 Legal Analyses
    Holding that the regulations requiring vessel inspections undertaken by the State for safety purposes created a duty of care owed by the State to the general public and not to specific passengers of the vessels
  5. Matter of City of Watertown

    95 N.Y.2d 73 (N.Y. 2000)   Cited 57 times   1 Legal Analyses
    Noting that "absent clear evidence that the Legislature intended otherwise, the presumption is that all terms and conditions of employment are subject to mandatory bargaining"
  6. Bertoldi v. State

    275 A.D.2d 227 (N.Y. App. Div. 2000)   Cited 31 times

    August 10, 2000. Orders, Court of Claims, New York County (Gerard Weissberg, J.), entered March 17, 1995, which granted defendant's cross motion for summary judgment dismissing the claim and denied claimants' motion for class certification, unanimously affirmed, without costs. Eve I. Klein, for claimants-appellants. Frank K. Walsh, for defendant-respondent. Before: Rosenberger, J.P., Nardelli, Mazzarelli, Ellerin, Friedman, JJ. This action arises out of a pay dispute in which the New York State Court

  7. MTA Bus Non-Union Employees Rank & File Committee ex rel. Simone v. Metropolitan Transportation Authority

    899 F. Supp. 2d 256 (S.D.N.Y. 2012)   Cited 6 times
    Finding that MTA subsidiary's employees were not part of the civil service of the State of New York and thus, Section 115 did not apply to them
  8. Afl-Cio v. Unified Ct. System

    35 A.D.3d 1008 (N.Y. App. Div. 2006)   Cited 10 times

    No. 500835. December 14, 2006. Mugglin, J. Appeal from a judgment of the Supreme Court (Lamont, J.), entered March 31, 2006 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents reclassifying certain court clerk positions. Nancy E. Hoffman, Civil Service Employees Association, Inc., Albany (Steven A. Crain of counsel), for appellant. Michael Colodner, Office of Court Administration, New York City (Pedro Morales

  9. Subway Surface Supervisors Ass'n v. N.Y.C. Transit Auth.

    102 A.D.3d 532 (N.Y. App. Div. 2013)   Cited 3 times

    2013-01-22 In re SUBWAY SURFACE SUPERVISORS ASSOCIATION, Petitioner–Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent–Appellant. Martin B. Schnabel, Brooklyn (Richard Schoolman of counsel), for appellant. Law Offices of Stuart Salles, New York (Gail M. Blasie of counsel), for respondent. MAZZARELLI Martin B. Schnabel, Brooklyn (Richard Schoolman of counsel), for appellant. Law Offices of Stuart Salles, New York (Gail M. Blasie of counsel), for respondent. MAZZARELLI, J.P., SWEENY, MOSKOWITZ

  10. Empire State Chapter of Associated Builders & Contractors, Inc. v. Smith

    98 A.D.3d 335 (N.Y. App. Div. 2012)   Cited 2 times

    2012-07-6 EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., County of Erie, Chris Collins, Buffalo Niagara Partnership Inc., Innovative Mechanical Systems, Inc., M.G.M. Insulation, Inc., Alleghany Industrial Insulation Co., Daniel J. Brinsky and Doug Byerly, Plaintiffs–Appellants, v. M. Patricia SMITH, in her Official Capacity as Commissioner, New York State Department of Labor, and Thomas P. DiNapoli, in his Official Capacity as Comptroller, State of New York, Defendants–Respondents

  11. Section 61 - Appointment and promotion

    N.Y. Civ. Serv. Law § 61   Cited 277 times
    Requiring appointment of one of three highest candidates on eligible list for appointments and promotions in the competitive class
  12. Section 200 - Statement of policy

    N.Y. Civ. Serv. Law § 200   Cited 243 times

    The legislature of the state of New York declares that it is the public policy of the state and the purpose of this act to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. These policies are best effectuated by (a) granting to public employees the right of organization and representation, (b) requiring the state, local governments and other

  13. Section 201 - Definitions

    N.Y. Civ. Serv. Law § 201   Cited 177 times
    Including any "public authority, commission, or public benefit corporation" in definition of "public employer"
  14. Section 204 - Recognition and certification of employee organizations

    N.Y. Civ. Serv. Law § 204   Cited 157 times

    1. Public employers are hereby empowered to recognize employee organizations for the purpose of negotiating collectively in the determination of, and administration of grievances arising under, the terms and conditions of employment of their public employees as provided in this article, and to negotiate and enter into written agreements with such employee organizations in determining such terms and conditions of employment. 2. Where an employee organization has been certified or recognized pursuant

  15. Section 205 - Public employment relations board

    N.Y. Civ. Serv. Law § 205   Cited 145 times

    1. There is hereby created in the department a board, to be known as the public employment relations board, which shall consist of three members appointed by the governor, by and with the advice and consent of the senate from persons representative of the public. Not more than two members of the board shall be members of the same political party. Each member shall be appointed for a term of six years, except that of the members first appointed, one shall be appointed for a term to expire on May thirty-first

  16. Section 209 - Resolution of disputes in the course of collective negotiations

    N.Y. Civ. Serv. Law § 209   Cited 123 times
    Requiring labor arbitration panels considering disputes involving the New York City Transit Authority to consider six different factors, including "the interest and welfare of the public"
  17. Section 1204 - [Effective Until 1/1/2025] General powers of the authority

    N.Y. Pub. Auth. Law § 1204   Cited 64 times
    Establishing New York Transit Auth. and its powers
  18. Section 1201 - New York city transit authority

    N.Y. Pub. Auth. Law § 1201   Cited 46 times

    1. A board, to be known as "New York City Transit Authority" is hereby created. Such board shall be a body corporate and politic constituting a public benefit corporation. It shall consist of seventeen members, all serving ex officio. Those members shall be the persons who from time to time shall hold the offices of chairman and members of metropolitan transportation authority. 2. The chairman of such board shall be the chairman of metropolitan transportation authority, serving ex officio, and, provided

  19. Section 115 - Policy of the state

    N.Y. Civ. Serv. Law § 115   Cited 36 times

    1. In order to attract unusual merit and ability to the service of the state of New York and all its political subdivisions, to stimulate higher efficiency among the personnel, to provide skilled leadership in administrative departments, to reward merit and to insure to the people and the taxpayers of the state of New York the highest return in services for the necessary costs of government, it is hereby declared to be the policy of the state and all its political subdivisions thereof, consistent

  20. Section 1202 - Purposes of the authority

    N.Y. Pub. Auth. Law § 1202   Cited 34 times

    1. The purposes of the authority shall be the acquisition of the transit facilities operated by the board of transportation of the city, the operation of transit facilities in accordance with the provisions of this title for the convenience and safety of the public on a basis which will enable the operations thereof, exclusive of capital costs, to be self-sustaining, and, in coordination with the metropolitan transportation authority and the Triborough bridge and tunnel authority, the continuance