The New York Court of Appeals has interpreted Civil Service Law section 71 as mandating reinstatement of an employee, previously terminated due to the inability to perform his duties resulting from a work related injury, once the county civil service office has certified the employee as fit to work. In…
The N.Y. Court of Appeals rejected a lawsuit by the Town of Oyster claiming an administrative complaint by the State Division of Human Rights (SDHR) was unconstitutional reverse discrimination. In Matter of the Town of Oyster Bay v. Kirkland, the SDHR had asserted a claim that certain provisions of the…
The Second Ciircuit Court of Appeals found that a town’s practice of conducting prayers at the begining of town board meetings, as a result of the totality of the manner in which the prayer leaders were selected and the prayers were conducted, violated the Establishment Clause of the United States…
The dismissal of a challenge, by an adjoining Village, to a Town’s rezoning of a parcel in the Town was modified by allowing challenges to the SEQRA determination and the claim of a lack of compliance with General Municipal Law § 239-m to proceed. In Village of Pomona v. Town…
The New York Court of Appeals issued a decision today finding that the inter-agency/intra-agency exemption under the Freedom of Information Law (FOIL) does not apply to Federal Agency communications with State Agencies. The case of Matter of Town of Waterford v New York State DEC, was extensively discussed in a…
The Appellate Division affirmed dismissal of a claim under 42 U.S.C. §1983 for violation of civil rights, based upon a claim of improper delay in issuing a certificate of occupancy for a house. In Matter of Zarabi v. Incorporated Village of Roslyn Harbor, the Court found that the existence of…
The New York Court of Appeals held that a Freedom of Information (FOIL) request may not be denied because a portion of the requested information may be exempt from disclosure. In Matter of Schenectady County Society for the Prevention of Cruelty to Animals, Inc. v. Mills the Court admonished the…
The N.Y. Court of Appeals found a Town Board was arbitrary in rejecting a low bid based upon criteria not specified in the bid documents. In AAA Carting & Rubbish Removal, Inc. v. Town of Southeast, the Court reversed the Appellate Division and held “accepting a higher bid based on…
The New York Court of Appeals held that a municipality has the burden of proving a tax exempt property no longer qualifies for tax exempt status. In Congregation Rabbinical College of Tartikov v.Town of Ramapo, the Court held “when a municipality seeks to revoke a previously granted tax exemption, it…
The Court of Appeals reversed the Appellate Division and denied access, under the Freedom of Information Law (FOIL), to the names of teachers working at a charter school. In Matter of New York State United Teachers v. Brighter Choice Charter School, the Court of Appeals, after noting that charter schools…