Search for: "NY Administrative Court"
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7 Jan 2008, 9:32 am
Bob Bruno Excavating, Inc. (2007 NY Slip Op 09481 - Decided 11/29/07), the Appellate Division, Third Department, affirmed the lower court's decision dismissing the Plaintiff's claims under Labor Law §220 on the ground that no private right of action for underpayment of prevailing wages exists until an administrative determination in the employee's favor has been made and has gone unreviewed or has been affirmed. [read post]
22 Jul 2014, 7:00 am
An administrative body may overrule its own administrative precedent2014 NY Slip Op 04550, Appellate Division, Third DepartmentIn this appeal one of the issued concerned an administrative agency, the Workers’ Compensation Board, overruling its precedent. [read post]
9 May 2022, 7:07 pm
In In re Steward the court considered whether the Surrogate’s Court erred in denying a motion to suspend co-administrators where the co-administrators were unable to get along. [read post]
26 Feb 2010, 4:33 am
Typically the courts apply this exception in situations where it determines that the administrative decision "is a foregone conclusion. [read post]
4 Jan 2012, 4:02 am
Exhausting one's administrative remedy Sabino v DiNapoli, 2011 NY Slip Op 09244, Appellate Division, Third Department Anthony J. [read post]
9 Feb 2009, 4:15 am
Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 actionPak v New York City Dept. of Educ., 2009 NY Slip Op 50154(U), Decided on February 2, 2009, Supreme Court, Kings County, Justice Martin Schneier [not officially reported]Kifan Pak, a probationary teacher, was told that he would be terminated from his postion effective February 28, 2007. [read post]
26 Apr 2021, 11:02 am
If an administrator violates their duty of care, their actions can be challenged in court. [read post]
7 Jul 2014, 4:00 am
Essential considerations in a court’s review of an administrative decision after an administrative hearing required by lawWillis v New York State Liq. [read post]
31 Jan 2023, 7:25 am
It can be more difficult to comply with court deadlines. [read post]
6 Aug 2012, 3:30 am
” Noting that the applicant did not allege that the waiver was the result of coercion or duress and its terms were “clear and unambiguous,” the court explained that "[W]hen a waiver is freely and knowingly made and not the product of coercion or duress, a party can waive his rights to seek review of an administrative proceeding and such determination is binding. [read post]
17 Mar 2010, 1:15 pm
But the courts can and will. [read post]
16 Dec 2022, 4:05 am
Yeshiva University, (NY App. [read post]
6 Dec 2010, 4:15 am
An administrative agency must follow the rules and regulations applicable to it in making its final administrative decisionMatter of Hasberry v New York City Dept. of Educ., 2010 NY Slip Op 08792, decided on November 30, 2010, Appellate Division, First DepartmentThe Department of Education (DOE) rejected applications for certification as New York City school bus drivers or bus escorts filed by a number of individuals on the basis of “criminal convictions that… [read post]
20 Jan 2009, 5:44 am
A Manhattan (NY County) Criminal Court Judge recently agreed with a NY criminal defense attorney and dismissed an entire criminal complaint against the defendant. [read post]
6 Sep 2011, 4:15 am
Filing a timely administrative appealMatter of Friedman v New York State Div. of Human Rights, 2011 NY Slip Op 32313(U), Supreme Court, New York County, Docket Number: 104301/11, Judge: Donna M. [read post]
3 Sep 2019, 4:12 pm
More information on the court’s decision is available in our August 30, 2019, memorandum, “NY Department of Environmental Conservation Household Cleansing Product Information Disclosure Program Ruled ‘Null and Void. [read post]
10 Mar 2009, 5:39 am
SUPREME COURT DUMPS NY and DC lawsuits against gun makers. [read post]
23 Jun 2009, 4:15 am
Bd. of Educ., 2009 NY Slip Op 05138, decided on June 16, 2009, Appellate Division, Second DepartmentIn this decision the Appellate Division set out a synopsis of the doctrine of the exhaustion of administrative remedy, noting that:1. [read post]
2 Jun 2009, 4:18 am
Processing of an administrative appeal does not toll the running of a statute of limitationsMatter of Yolanda Strong v New York City Dept. of Educ., 2009 NY Slip Op 04114, decided on May 26, 2009, Appellate Division, First DepartmentState Supreme Court, New York County, Leland G. [read post]
10 May 2011, 4:23 am
The court’s fact-review power of an administrative agency's determination is limited to whether substantial evidence supports the determination Matter of Jenkins v Israel, 2011 NY Slip Op 03604, Appellate Division, Second Department The Westchester Medical Center filed disciplinary charges against Lisa Jenkins alleging insubordination and misconduct pursuant to §75 of the Civil Service Law. [read post]
