The Third Department annulled a systems administrator’s termination because the hearing officer failed to make findings detailed enough for substantial-evidence review.
The Third Department confirmed denial of correction-officer disability retirement because the petitioner had already retired under a different public job and was no longer a qualifying member when he applied.
The Third Department upheld PERB’s finding that a village manager could add a supervisor to an existing union and that a successor board committed an improper practice by cutting his pay to force withdrawal.
The Third Department held that a pharmacist could not directly annul a disciplinary consent order and had to present her alleged preapproval revocation through agency reconsideration first.
The Third Department upheld Ulster County’s apprenticeship graduation requirements for major public works, finding no conflict with state bidding or labor law.
The Third Department dismissed Paychex’s challenge to New York’s PEO franchise-tax rules because the audit had not produced final agency action and the regulations were not retroactive.
The Third Department held that a waste facility owner who loaded trailers before a subcontractor’s driver arrived owed that driver a duty of care, confirmed the subcontractor breached its insurance obligation by naming the wrong entity as additional insured, and awarded conditional contractual indemnification.
The Third Department sustains New York’s convenience of the employer income tax rule for COVID-era remote work, rejecting a Connecticut law professor’s claim that Governor Cuomo’s work-from-home mandate constituted employer necessity under 20 NYCRR 132.18(a).
The Appellate Division, Third Department affirmed that the Department of Labor’s blanket policy of closing home health aide wage complaints whenever a mandatory arbitration clause exists was an unlawful ‘rule’ promulgated without SAPA compliance, upholding annulment of the closures and class certification.
The Appellate Division, Third Department, affirms dismissal of an Executive Law § 296(16) discrimination claim by a nurse practitioner with a sealed felony conviction, holding that the statute’s enumerated list of protected criminal dispositions does not include a general felony conviction — leaving a gap that only legislative action can close.