Albany, NY
Business Lawyer at Albany, NY
Practice Areas: Business, Employment & Labor
OUTCOME: Highest Court in New York State sided with Tully's client
Orally argued and won this appeal before the highest Court in New York State. The facts dealt with a Freedom of Information Act request that was unlawfully denied. Tully donated all legal fees from t ... his case to the SPCA so they could protect animals.
OUTCOME: Tully wins a reversal at the United States Supreme Court
The United States Supreme Court vacated the prior judgment upholding defendant’s sentence and remanded the matter to the court for reconsideration of defendant’s sentence in light of Booker.
OUTCOME: Tully wins landmark employment law case
Filed an appeal alleging that while employed by the Department of the Agriculture he was charged military leave even on non-work days which caused him to use annual, sick, or leave without pay to perf ... orm military duties from 1989 -2000. Based on USERRA, the agency was ordered to correct its records and to pay appellant the back pay that was owed.
OUTCOME: Tully wins appeal and client gets backpay and benefits
USERRA case involving a retired Army Special Forces Sergeant Major who was unlawfully terminated from his position at the United States Postal Service
OUTCOME: Tully wins appeal at the United States Court of Appeals for the Federal Circuit
Alexander F. Pucilowski Jr., a federal corrections officer and federal air marshal contended he was erroneously charge for military leave from 1989 to 2002 while in the National Guard. Court said a ser ... ies of its recent rulings on military leave pay cases, including Hernandez, has signaled its view that the Uniformed Services Employment and Reemployment Rights Act should be interpreted liberally to the benefit of guardsmen and reservists. This case resulted in more favorable military leave pay determinations by the U.S. Merit Systems Protection Board toward federal employees who are also in the National Guard or military reserve.
OUTCOME: Tully wins appeal at the Merit Systems Protection Board (MSPB)
Obtained appeal decision from the Merit Systems Protection Board that the board should overturn its original decision and could adjudicate claims of USERRA violations prior to the statute’s enactment i ... n 1994. Jose D. Hernandez, a retired aircraft mechanic for the Air Force contended he was erroneously charged for leave time from 1980 to 2001. Hernandez was granted the petition and the original decision was vacated.
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