Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawSubstantial evidence consists of relevant proof that a reasonable person would accept as adequate to support a conclusion
Matter of Seltzer v City of Rochester, 2010 NY Slip Op 06846, Decided on October 1, 2010, Appellate Division, Fourth Department
Lawrence M. Seltzer commenced an CPLR Article 78* proceeding in an effort to obtain a court order annulling the determination terminating his employment as a City of Rochester Municipal Parking Coordinator following a disciplinary hearing held pursuant to Civil Service Law §75.
The Appellate Division dismissed his appeal, commenting that the disciplinary determination was supported by ?substantial evidence, i.e., ?such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact??
The court also concluded that, under the circumstances of this case, the penalty of termination of employment does not constitute an abuse of discretion as a matter of law because it is not " so disproportionate to the offense as to be shocking to one's sense of fairness,?" citing Matter of Kelly v Safir, 96 NY2d 32.
* Section 76 of the Civil Service Law provides alternative appeal procedures to challenge a Section 75 disciplinary determination: [1] Appeal to the Civil Service Commission having jurisdiction within 20 days of his or her receiving notice of the determination; or [2] A judicial appeal pursuant to Article 78 of the Civil Practice Law and Rules.
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06846.htm
NYPPL
Full post as published by New York Public Personnel Law on October 26, 2010 (boomark / email).
Child Support Survival Guide
The Child Support Enforcement System
Child Support Overview
Federal requires states to set guidelines for support.
Child Support Orders
How to modify terms
Child Support
Disputing Paternity
Missing Children
Databases and organizations
Oklahoma Bacterial Outbreak
One Person Dead, 14 Hospitalized
Sperm Donor
Ordered to Pay Child Support
West Virginia Child Advocate Office Faces Class Action over Child Support
West Virginia Child Advocate Office Faces Class Action over Child Support
Microsoft Corp.
allegedly failed to provide adequate access and service to Xbox Live and its subscribers.
Golden Gate National Recreation Area
allegedly failed to provide adequate facilities for the disabled.
Family Law
involving divorce, child custody, spousal support, common law, adoption and same sex marriage.

Pinellas DUI Checkpoint Invalid
"Substantial evidence" vs "sufficient credible evidence"
The Crash Dummy Movie, LLC. v. Mattel, Inc.
CAFC Affirms TTAB Genericness Ruling re "MATTRESS.COM" for -- Guess What
City Sued After Cop Collides With (Now) Brain-Damaged Sacramento Woman, Part 5 of 9
Presumption of Innocence and the Standard of Proof in Criminal Trials








