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Thursday, June 16, 2011

Appeals Court Rejects Allegation Of 'Political Discrimination'

Court Rejects Allegation Of 'Political Discrimination'
The New York Law Journal by Daniel Wise  -  June 16, 2011

A unanimous appeals panel in Brooklyn has dismissed, as a matter of law, a "political discrimination" suit by a Nassau County woman who was laid off by the county in 1992 as it was attempting to deal with a $115 million deficit. In 2009, a jury concluded that Roberta Miller, a supervisor in the Nassau County Department of Senior Citizen Affairs had been laid off in "bad faith" because she was a Democrat and the county executive, Thomas Gulotta, was a Republican.  Justice Ute Wolff Lally (See Profile) set aside the liability verdict after finding that Ms. Miller had failed to provide statistical evidence that on a countywide basis the Gulotta administration had laid off a disproportionate number of Democrats and ordered a re-trial. Both sides appealed Justice Lally's order in Miller v. Nassau County Civil Service Commission, 28936/92: Ms. Miller opposing the re-trial order and the county defendants cross-moving to dismiss because Ms. Miller had failed to establish bad faith as a matter of law. A unanimous panel of the Appellate Division, Second Department, which heard argument on May 6, last week agreed with the Nassau defendants that a jury could only have found that Ms. Miller had been "singled out for layoff due to her political affiliation" through "speculation" rather than "logical inferences drawn from the evidence." Ms. Miller's lawyer, Louis D. Stober of Garden City, said that Ms. Miller will seek leave to take the case to the Court of Appeals. The panel consisted of Justices Willaim F. Mastro, John M. Leventhal, Cheryl E. Chambers and Jeffrey A. Cohen.

2 comments:

Anonymous said...

Appeals Court is a rubber stamp for all the Judges in the lower rat holes, it's all a bad joke

Anonymous said...

For once a great decision, Do people still believe that there are parties? There are no more Democrats, Republican's Independents, Etc. The choices are The Corruption Party and the not so Corrupt. that's it Take your pick. I have seen it in a courtroom myself. A little performance by D-Attorney R-Judge making a mockery out of Me and You= Schmucks! money collected by I=Friend or staff of Attorney/ Judge/Court. Then later on they go out to dinner with one another and laugh at the great decision and preformance they gave on our dime. Yes a Terrible Joke

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

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               Video of 1st Hearing on Court 'Ethics' Corruption
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