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14 Oct 2014, 4:00 am by The Public Employment Law Press
Appealing administrative decisions Modlin v Kelly, 2014 NY Slip Op 06866, Appellate Division, First DepartmentTypically a disappointed individual challenges an administrative decision by bringing an Article 78 action. [read post]
13 Dec 2023, 6:00 am by Public Employment Law Press
& Appeals, 36 NY3d 271, noted courts "regularly defer to the governmental agency charged with the responsibility for administration of the statute". [read post]
13 Dec 2023, 6:00 am by Public Employment Law Press
& Appeals, 36 NY3d 271, noted courts "regularly defer to the governmental agency charged with the responsibility for administration of the statute". [read post]
3 Oct 2011, 3:02 am
Appealing a final administrative decision Diamond v Gallagher, 291 A.D.2d 404 The Diamond decision by the Appellate Division, Second Department, demonstrates the importance of filing a timely appeal challenging an administrative determination if the individual is unhappy with the ruling. [read post]
14 Jan 2020, 9:01 pm by Maurice W. McLaughlin
Employee Choices for Challenging Discipline In a recent unpublished decision, the Appellate Division of the Superior Court addressed the employment law issue of jurisdiction for appealing discipline of tenured school employees. [read post]
17 Jun 2019, 4:00 am by Public Employment Law Press
Is the controlling date the date the appeal was mailed to the agency's administrative appellate body or the date on which the appeal was received by the administrative appellate body? [read post]
17 Jun 2019, 4:00 am by Public Employment Law Press
Is the controlling date the date the appeal was mailed to the agency's administrative appellate body or the date on which the appeal was received by the administrative appellate body? [read post]
9 Mar 2009, 4:04 am
Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceedingMatter of Cipriano v Onondaga County Corrections, 2009 NY Slip Op 01559, decided on March 5, 2009, Appellate Division, Third DepartmentOnondaga County Assistant Corrections Commissioner Peter A. [read post]
9 Feb 2024, 6:00 am by Public Employment Law Press
Respondent filed a CPLR Article 78 petition seeking a court order compelling the New York State Office of Court Administration [OCA] to disclose records requested by Petitioner pursuant to the Freedom of Information Law [FOIL], Public Officers Law §§84-90. [read post]
9 Feb 2024, 6:00 am by Public Employment Law Press
Respondent filed a CPLR Article 78 petition seeking a court order compelling the New York State Office of Court Administration [OCA] to disclose records requested by Petitioner pursuant to the Freedom of Information Law [FOIL], Public Officers Law §§84-90. [read post]
20 May 2009, 11:45 pm
On May 13, 2009, the California Court of Appeal (Division 3) certified for publication an opinion holding that a lawyer's untimely administrative filing was inexcusable and that the superior court judge erred in allowing a belated Los Angeles County Civil Service Commission appeal in order to remedy her attorney's mistake. [read post]
27 Jul 2009, 4:59 am
Appeal dismissed because of a procedural misstepMatter of Rumman v Duane Reade, 2009 NY Slip Op 05968, decided on July 21, 2009, Appellate Division, Second DepartmentThe Commissioner of the New York State Division of Human Rights adopted the finding of an Administrative Law Judge that Dilruba Rumman failed to demonstrate that the reasons given by her former employer for its terminating her employment was a "pretext for unlawful discrimination"… [read post]
28 Oct 2013, 7:00 am
An appeal of the final decision is available to the Appellate Division of the Superior Court within forty-five days of the date of the final decision. [read post]
22 Jul 2014, 7:00 am by The Public Employment Law Press
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]