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30 May 2023, 11:10 am
In a recent case, the Second District Court of Appeals Division 8 in California issued an opinion in an appeal involving a termination dispute between an employer and an employee. [read post]
3 Jun 2010, 8:18 am
The Administrative Law Judge disbelieved the testimony from J.M. that she was struck by a boot. [read post]
8 Jan 2018, 5:01 pm
That is a the heart of the Administration’s new appeal. [read post]
8 Jun 2009, 8:56 am
The administrative law judge (“ALJ”) granted the motion and the matter was dismissed with prejudice. [read post]
24 Jun 2010, 11:54 am
Corp., the Court of Appeals reversed the Appellate Division rejection of the proposed condemnation and, in reliance on its recent holding in Matter of Goldstein v. [read post]
3 Jan 2014, 5:00 am
Employer argued that Plaintiffs failed to exhaust their administrative remedies by failing to adjudicate their Defense Base Act (“DBA”) claim before the Division of Longshore and Harbor Workers’ Compensation or the Office of Administrative Law Judges (“OALJ”). [read post]
29 Jul 2011, 12:28 am
The judgment to be appealed is that of the Court of Appeal Civil Division in Ministry of Defence v AB and others[2010] EWCA Civ 1317 – (Smith and Leveson LJJ and Sir Mark Waller). [read post]
11 Jun 2019, 4:00 am
SUNY denied Student's request and proceeded with the disciplinary hearing notwithstanding the absence of Student's attorney.Student ultimately challenged SUNY's decision and the Court of Appeals, reversing a ruling by the Appellate Division to the contrary, annulled SUNY's disciplinary determination and remanded the matter to the Appellate Division, indicating that should SUNY elect to proceed with the disciplinary action, it must hold a new… [read post]
22 Jun 2015, 4:00 am
Administrative decision adversely affecting employee that considered allegations not set out in the charges vacated2015 NY Slip Op 04764, Appellate Division, First DepartmentSupreme Court’s denial of a probationary teacher’s [Probationer] the petition to [1] annul the Board of Education’s [BOE] determination sustaining the Probationer’s an unsatisfactory rating (U-rating) as a teacher for the 2006-2007 school year, and [2] dismissing the proceeding, was… [read post]
4 Apr 2019, 10:57 am
Here, the Appellate Division, Second Department, ruled that the ZBA improperly dismissed the appeal since the “inherent” decision from which the appeal was taken had not been filed as required by law. [read post]
10 Jun 2015, 11:30 am
The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action2015 NY Slip Op 04356, Appellate Division, Third DepartmentDepartment of Taxation and Finance [Department] undertook a department-wide audit to identify employees who had overstated their job-related expense deductions on their personal income tax returns. [read post]
10 Jun 2015, 11:30 am
The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action2015 NY Slip Op 04356, Appellate Division, Third DepartmentDepartment of Taxation and Finance [Department] undertook a department-wide audit to identify employees who had overstated their job-related expense deductions on their personal income tax returns. [read post]
3 Apr 2013, 4:00 am
Thomas’ administrative appeal challenging the refusal of the Central Record Access Officer [CRAO] to provide him with records demanded in his FOIL request. [read post]
21 Jun 2018, 8:25 am
Previously, a teacher or other teaching staff member would have the right to have their appeals heard before an administrative law judge, who would normally have a trial on the merits of the teacher’s objections and defenses. [read post]
7 May 2023, 9:30 pm
"[A]ny administrative appeal of a denial [must] be undertaken within 30 days of the denial (Matter of Snyder v Nassau County, 199 AD3d at 924); 5. [read post]
7 May 2023, 9:30 pm
"[A]ny administrative appeal of a denial [must] be undertaken within 30 days of the denial (Matter of Snyder v Nassau County, 199 AD3d at 924); 5. [read post]
25 Oct 2017, 4:00 am
Supreme Court denied Petitioner's motion to vacate the award and Petitioner appealed the Supreme Court's ruling to the Appellate Division.The Appellate Division said that in a CPLR Article 75 proceeding the grounds for vacating a hearing officer's decision rendered pursuant to Education Law §3020-a "include misconduct, abuse of power, and procedural irregularities. [read post]
11 Feb 2011, 3:39 am
His failure to exhaust the administrative remedies available to him mandates dismissal of his complaint.Judge Gammerman commented that the PBA’s By-Laws set out a procedure for a member to appeal a decision by the PBA denying or curtailing a request for legal assistance. [read post]
18 Apr 2017, 1:00 pm
" Explaining that "The failure to designate a hearing officer for a disciplinary hearing in writing, as required by Civil Service Law §75(2), is a jurisdictional defect that renders the hearing officer's determination null and void," the Appellate Division said that in this instance the ALJ had been properly designated to conduct Petitioner's disciplinary hearing and to make findings of fact and to recommend the penalty that should be imposed by the… [read post]
9 Dec 2008, 12:13 pm
Failure to follow an administrative precedentSource: Administrative Law Professor Blog. [read post]
