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27 Sep 2011, 9:00 pm
The administrative tribunal, not the court, weighs the evidence and determines the credibility of witnesses in an administrative hearing Matter of Martin v Board of Trustees of the Vil. of Pelham Manor, 2011 NY Slip Op 06106, Appellate Division, Second... [read post]
8 Sep 2022, 7:29 am
The Surrogate’s Court is the court in New York State which handles most matters regarding death. [read post]
29 Jul 2011, 5:31 am
The administrative tribunal, not the court, weighs the evidence and determines the credibility of witnesses in an administrative hearing Matter of Martin v Board of Trustees of the Vil. of Pelham Manor, 2011 NY Slip Op 06106, Appellate Division, Second Department The Village of Pelham Manor found Robert Manor, a Village police officer guilty of a number disciplinary charges filed against him including excessive use of paid sick leave and insubordination. [read post]
12 Mar 2015, 10:47 pm
As the court noted, 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]
15 Apr 2009, 6:10 am
We previously noted a NY trial court decision holding that a former NYU dental student improperly fashioned an administrative challenge (Art. 78 proceeding) as sounding in breach of contract. [read post]
18 Aug 2020, 4:05 am
Azar, (ED NY, Aug. 17, 2020), a New York federal district court enjoined the Trump Administration's roll back of anti-discrimination rules under the Affordable Care Act and Title IX. [read post]
3 Jul 2020, 4:00 am
In Roman Catholic Diocese of Albany v Vullo, (NY App.Div., July 2, 2020), a New York state appellate court rejected a challenge by several religious organizations and other plaintiffs to a New York administrative regulation requiring health insurance policies in New York to provide coverage for medically necessary abortion services. [read post]
30 Dec 2008, 10:40 pm
NY, Dec. 18, 2008), a New York state trial court refused to confirm an arbitration award issued by a Bet Din (Jewish religious court) in a dispute between a religious school and a teacher who was terminated after his contract expired. [read post]
21 Jan 2011, 3:03 am
Challenging administrative rulingsMalitz v NYC Transit Authority, NYS Supreme Court, Justice Stallman [Not selected for publication in the Official Reports]The Malitz case points out the differences in the standards that are used by the courts when reviewing different types of agency or administrative determinations.In cases involving challenges to an agency’s administrative determination made without having held an administrative… [read post]
21 Jun 2010, 3:17 am
Review of an administrative determination by courts is limited in scopeMatter of Reza v NYC Department of Parks & Recreation, 2007 NY Slip Op 30246(U), Supreme Court, New York County, Judge Charles J. [read post]
22 Jun 2011, 6:03 am
At almost the same time of that edition, NY’s Chief Administrative Judge Ann Pfau was delivering her report urging legislation be adopted to expand the use of e-filing in the state’s courts. [read post]
15 Jul 2010, 4:04 am
An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basisPereira v Nassau County Civ. [read post]
10 Aug 2020, 1:28 pm
In a statement to Law360, courts spokesperson Lucian Chalfen said that a stay on evictions remains in effect until further notice, citing a March administrative order from Chief Judge Lawrence K. [read post]
14 Oct 2014, 4:00 am
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]
26 Jun 2011, 9:00 pm
., 2011 NY Slip Op 01109, Appellate Division, Third Department This decision by the Appellate Division illustrates the importance of the administrative hearing officer considering, and ruling on, all... [read post]
18 Feb 2011, 4:15 am
Administrative decision to be reconsidered after court finds that not all of the arguments of the petitioner were considered by the hearing officerMatter of Cohen v New York State & Local Employees' Retirement Sys., 2011 NY Slip Op 01109, Appellate Division, Third DepartmentThis decision by the Appellate Division illustrates the importance of the administrative hearing officer considering, and ruling on, all of the arguments and theories submitted by a… [read post]
28 Feb 2022, 10:35 am
Abram the court was asked to consider whether the Surrogate’s Court of New York County erred in denying an evidentiary hearing on the fitness of an administrator of a decedent’s estate. [read post]
10 Dec 2019, 4:00 am
State of New York, (Albany Cty NY Sup. [read post]
22 Jul 2014, 8:00 pm
A NY Appellate Court reversed the trial court and upheld the revocation, by the Board of Standards and Appeals of the City of New York, of previously granted permits in connection with the renovation of property in Brooklyn. [read post]
10 Mar 2017, 9:18 pm
Accordingly, the court found that the determination that petitioner violated Administrative Code of City of NY § 28–118.3.2 by having its premises used as a transient hotel, contrary to the records of the Department of Buildings (DOB), was not supported by substantial evidence. [read post]
