Justia Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

The Appellate Division opined that it is well settled that "proceeding under article 78 is not the proper vehicle to test the constitutionality of legislative enactments" in contrast to a judicial challenge directed at the procedures followed by the legislature rather than the substance of the enactment, which "... is maintainable in an article 78 proceeding," citing Matter of Save the Pine Bush v City of Albany, 70 NY2d 193. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Testing the constitutionality of legislative enactments

18 Sep 2024, 6:00 am by Public Employment Law Press

The Appellate Division opined that it is well settled that "proceeding under article 78 is not the proper vehicle to test the constitutionality of legislative enactments" in contrast to a judicial challenge directed at the procedures followed by the legislature rather than the substance of the enactment, which "... is maintainable in an article 78 proceeding," citing Matter of Save the Pine Bush v City of Albany, 70 NY2d 193. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Actual Innocence and Legal Malpractice Claims Against Defenders

16 Sep 2024, 2:43 am by Andrew Lavoott Bluestone

” “In this legal malpractice action, defendants John Wheldon, Esq., individually and as Assistant Public Defender for the County of Albany, and the County of Albany (defendants),[FN1] move pre-answer to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) and (a) (7). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

RFK Jr.’s Falconry Records Still Secret—For Now

6 Sep 2024, 10:39 am by Kevin