Search for: "Division of Administrative Law Appeals"
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20 Mar 2023, 6:00 am
The Appellate Division held that although the Board concluded that Workers' Compensation Law §25(2)(b) is inapplicable given that the claim was never indexed, the Board did not address the related issue raised upon administrative appeal that the employer's initial FROI-00 form was a binding acceptance of the claim.* Further, said the court, the Board provided "no reasoning or basis for its determination that the notice of controversy was timely… [read post]
20 Mar 2023, 6:00 am
The Appellate Division held that although the Board concluded that Workers' Compensation Law §25(2)(b) is inapplicable given that the claim was never indexed, the Board did not address the related issue raised upon administrative appeal that the employer's initial FROI-00 form was a binding acceptance of the claim.* Further, said the court, the Board provided "no reasoning or basis for its determination that the notice of controversy was timely… [read post]
2 Jan 2018, 9:42 am
The year also saw some key decisions by the Commercial Division as well as appellate courts reviewing Commercial Division cases that developed an area of commercial law or applied existing law to a new or interesting set of facts. [read post]
8 Dec 2020, 12:00 am
" The Appellate Division also said it agreed with the Supreme Court's finding that Facility "failed to demonstrate that resort to an administrative appeal would be futile or that it would suffer irreparable injury based upon its conclusory claim of financial distress" and affirmed the lower court's order granting OMIG's motion to dismiss Facility's petition for failure to exhaust administrative remedies. * The Appellate… [read post]
8 Dec 2020, 4:00 am
" The Appellate Division also said it agreed with the Supreme Court's finding that Facility "failed to demonstrate that resort to an administrative appeal would be futile or that it would suffer irreparable injury based upon its conclusory claim of financial distress" and affirmed the lower court's order granting OMIG's motion to dismiss Facility's petition for failure to exhaust administrative remedies. * The Appellate… [read post]
29 Oct 2010, 3:45 am
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222.State Police filed a petition seeking “leave to appeal” this unanimous decision by the Appellate Division to the Court of Appeals or, in the alternative, approval to reargue the case before the Appellate Division.The Appellate Division denied the Division of State Police’s request to appeal the ruling to the Court of Appeals but granted its… [read post]
25 Jan 2022, 4:09 pm
Miller of the Appellate Division, Second Judicial Department, came as the Hochul administration scrambled to respond to a Nassau County judge’s decision Monday, which found that the state Department of Health overstepped its authority in enacting the measure. [read post]
9 Mar 2010, 4:19 am
"One who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law. [read post]
28 Oct 2013, 4:00 am
Proceeding with an administrative hearing in the absence of the individual and his or her attorney 2013 NY Slip Op 06900, Appellate Division, Third Department One of the issues considered by the Appellate Division in this appeal challenging the New York State’s Administrative Review Board for Professional Medical Conduct revocation of the physician's license to practice medicine in New York State was the allegation that the physician was… [read post]
5 Nov 2010, 2:48 am
The position is part-time as Mr Symons sits as a deputy High Court Judge in the Queen's Bench, Chancery Division and in the Administrative Court.Mr Symons specialises in insurance/reinsurance and professional negligence work but also practises in general commercial and common law work, financial/banking disputes, aviation, pensions and administrative law. [read post]
10 Jun 2019, 4:00 am
The O'Grady decision by the Appellate Division, the full text of which is set out below, illustrates one such type of administrative disciplinary procedure and the individual's appeal from a determination made after hearing by the appointing authority conducted pursuant to Social Services Law §494 and 14 NYCRR 700.6[a]:Matter of O'Grady v Kiyonaga 2019 NY Slip Op 04170 Decided on May 29, 2019 Appellate Division, … [read post]
21 Jun 2011, 3:18 am
A Public Employment Relations Board administrative law judge [ALJ] dismissed improper practices charges filed by Leroy Jardim. [read post]
25 Aug 2021, 4:00 am
Petitioner next appealed the lower court's decisions to the Appellate Division. [read post]
25 Aug 2021, 4:00 am
Petitioner next appealed the lower court's decisions to the Appellate Division. [read post]
29 Jan 2014, 4:00 am
Under the circumstances, including LPN's admitted breach of the standards of honesty and integrity expected of a professional, the court said that the penalty imposed by the Board of Regents was not so disproportionate to her offense as to shock one's sense of fairness and dismissed LPN’s appeal.* Education Law §6509[5][a][i] indicates that “Being convicted of committing an act constituting a crime under: (i) New York State law” constitutes… [read post]
Election of the forum in which the appeal is filed determines the procedures that are to be followed
29 May 2019, 4:00 am
"In addition, the Appellate Division noted that Civil Service Law §76(3) provides that "[t]he decision of such civil service commission shall be final and conclusive, and not subject to further review in any court. [read post]
Election of the forum in which the appeal is filed determines the procedures that are to be followed
29 May 2019, 4:00 am
"In addition, the Appellate Division noted that Civil Service Law §76(3) provides that "[t]he decision of such civil service commission shall be final and conclusive, and not subject to further review in any court. [read post]
Election of the forum in which the appeal is filed determines the procedures that are to be followed
29 May 2019, 4:00 am
"In addition, the Appellate Division noted that Civil Service Law §76(3) provides that "[t]he decision of such civil service commission shall be final and conclusive, and not subject to further review in any court. [read post]
3 Sep 2021, 4:00 am
A PERB administrative law judge held a hearing and subsequently dismissed Plaintiff's improper practice charge. [read post]
3 Sep 2021, 4:00 am
A PERB administrative law judge held a hearing and subsequently dismissed Plaintiff's improper practice charge. [read post]
