Search for: "Division of Administrative Law Appeals"
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7 Jan 2016, 4:00 am
Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearingFaisal v New York State Dept. of Motor Vehs., 2015 NY Slip Op 09431, Appellate DivisionMuhammad Faisal brought an Article 78 action to review a determination of the New York State Department of Motor Vehicles Appeals Board confirming a determination of an administrative law judge [ALJ]. [read post]
15 Dec 2010, 4:16 am
An arbitration hearing was held pursuant to a collective bargaining agreement and Education Law §3020(3), following which the arbitrator found Blake guilty of misconduct and recommended that petitioner's employment be terminated.After the Chancellor of the New York City Department of Education implemented the penalty recommended, Blake attempted to appeal the Chancellor's decision to State’s Commissioner of Education by serving copies of the appeal… [read post]
19 Oct 2012, 12:12 pm
Court of Appeals rejected a lawsuit by the Town of Oyster claiming an administrative complaint by the State Division of Human Rights (SDHR) was unconstitutional reverse discrimination. [read post]
19 Oct 2012, 12:12 pm
Court of Appeals rejected a lawsuit by the Town of Oyster claiming an administrative complaint by the State Division of Human Rights (SDHR) was unconstitutional reverse discrimination. [read post]
30 Apr 2023, 11:12 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]
16 Apr 2021, 4:00 am
" Sustaining the Supreme Court's ruling, the Appellate Division explained that the Plaintiff's administrative remedies were exhausted when the Agency "constructively denied" Plaintiff's timely administrative appeal of the Agency's failure to provide the documents demanded by Plaintiff as the result of the Agency's failure to respond to Plaintiff's appeal within the statutorily mandated 10-day period. [read post]
16 Apr 2021, 4:00 am
" Sustaining the Supreme Court's ruling, the Appellate Division explained that the Plaintiff's administrative remedies were exhausted when the Agency "constructively denied" Plaintiff's timely administrative appeal of the Agency's failure to provide the documents demanded by Plaintiff as the result of the Agency's failure to respond to Plaintiff's appeal within the statutorily mandated 10-day period. [read post]
11 Feb 2022, 5:00 am
In an appeal involving an Article 78 proceeding, the Appellate Division ruled that it had "no discretionary authority" to "reach ... an unpreserved issue in the interest of justice". [read post]
11 Feb 2022, 5:00 am
In an appeal involving an Article 78 proceeding, the Appellate Division ruled that it had "no discretionary authority" to "reach ... an unpreserved issue in the interest of justice". [read post]
31 Jul 2020, 12:00 am
A divided Appellate Division granted Plaintiff's petition, annulled and vacated DMV's determination, and reinstated Plaintiff 's driver's license.* DMV appealed and the Court of Appeals reversed the Appellate Division's decision.The Court said that the evidence at the administrative hearing included [1] an investigative report from the accident-reconstruction specialist who investigated the incident, [2] a report from a police… [read post]
31 Jul 2020, 4:00 am
A divided Appellate Division granted Plaintiff's petition, annulled and vacated DMV's determination, and reinstated Plaintiff 's driver's license.* DMV appealed and the Court of Appeals reversed the Appellate Division's decision.The Court said that the evidence at the administrative hearing included [1] an investigative report from the accident-reconstruction specialist who investigated the incident, [2] a report from a police… [read post]
6 Jun 2008, 2:58 pm
Yesterday, the New York Court of Appeals (the State's highest court) ruled that workers have a common law right to sue for breach of contract to recover payments due as a result of the non-payment of prevailing wages on Federal public works projects. [read post]
15 Feb 2013, 5:07 am
An administrative determination made without a pre-determination hearing must have a "rational basis" and may not be "arbitrary and capricious” The Court of Appeals decision in this case sets out the standard of review used by courts when considering appeals from administrative decisions made without first holding a hearing. [read post]
30 Jan 2024, 6:00 am
Petitioner appealed Rockland's determination and requested a hearing. [read post]
30 Jan 2024, 6:00 am
Petitioner appealed Rockland's determination and requested a hearing. [read post]
1 Feb 2021, 9:00 am
Click HEREto access the Appellate Division's decision in the instant appeal. [read post]
1 Feb 2021, 9:00 am
Click HEREto access the Appellate Division's decision in the instant appeal. [read post]
24 May 2021, 2:20 pm
The Appellate Division addressed the acquisition of tenure for school board secretaries and administrative assistants in the case of Saylor v. [read post]
16 Jan 2018, 10:26 am
In a lengthy opinion filed December 20, 2017, and belatedly ordered published on January 8, 2018, the Fourth District Court of Appeal, Division 1, affirmed the trial court’s judgment denying a writ petition asserting CEQA and land use law challenges to the City of San Diego’s (“City”) approval of a small high school on previously developed, open-space designated lands adjacent to a commercial equestrian facility. [read post]
20 May 2013, 9:17 am
The New Jersey Appellate Division recently reversed a trial court's decision dismissing an employee's claims for sexual orientation discrimination under the New Jersey Law Against Discrimination. [read post]
