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A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
  Matter of Joseph v Sewell 2024 NY Slip Op 02985 Decided on May 30, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
  Matter of Joseph v Sewell 2024 NY Slip Op 02985 Decided on May 30, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
Auth., AD3d , 2024 NY Slip Op 02510 [1st Dept 2024]; Matter of Mejia v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
Auth., AD3d , 2024 NY Slip Op 02510 [1st Dept 2024]; Matter of Mejia v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York City's Police Commissioner is afforded "great leeway" in disciplinary matters
29 May 2024, 6:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York City's Police Commissioner is afforded "great leeway" in disciplinary matters
29 May 2024, 6:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Collectability in the First Department
8 May 2024, 4:51 am by Andrew Lavoott Bluestone
Kidron v Suris & Assoc., P.C. 2024 NY Slip Op 02503 Decided on May 07, 2024Appellate Division, First Department reminds us that there are vast differences between the law in the First Department and the law in the Second Department, both of which are in the State of New York. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Does the implied private right of action under Securities Exchange Act Section 14(a) exist? Does a derivative claim?
5 Jan 2023, 6:17 pm by Steve Bainbridge
Lee v. [read post]
ProfessorBainbridge.com - http://www.professorbainbridge.com/professorbainbridgecom/
A Unique Application of Grace v. Law By The Client
31 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
Defendants Osborne Reed & Burke, LLP, Bressler & Kunze, Burke Albright Harter & Reddy, LLP and Moyer Russi & Randall, PC (hereinafter collectively referred to as the law firms) respectively moved pre-answer to dismiss the complaint against them as time-barred and for failure to state a cause of action (see CPLR 3211 [a] [5], [7]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Attorney Fee Claims are Very Common
29 Aug 2022, 3:42 am by Andrew Lavoott Bluestone
” CPLR Rule 3216 may be used to dismiss counterclaims (see Burke, Albright, Harter & Rzepka LLP v. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
IPSC Closing Plenary Session: IP In the Courts
12 Aug 2022, 3:44 pm by Rebecca Tushnet
Location by state, per Bloomberg Law: ~3000 in Illinois, ~500 in NY, 374 NJ, long tail. [read post]
43(B)log - http://tushnet.blogspot.com/
The Sale Did Not Go Through…But…
25 Aug 2021, 3:02 am by Andrew Lavoott Bluestone
Hamilton Textiles v Estate of Mate, 269 AD2d 214 [2000]; Estate of Burke v Repetti & Co., 255 AD2d 483 [1998]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
BRT’s “Corporate Purpose” Statement: What Did CEOs Intend?
12 Aug 2020, 2:58 am by Liz Dunshee
One member pointed out that this is a revival of the old 1980s Skadden v. [read post]
TheCorporateCounsel.net Blog - http://www.thecorporatecounsel.net/Blog/
Tuesday round-up
12 May 2020, 4:05 am by Edith Roberts
Mazars and Trump v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Bargaining away an appointing authority's right to eliminate positions or terminate or lay off workers for budgetary, economic or other reasons
8 Jul 2019, 4:00 am by Public Employment Law Press
Matter of Burke v Bowen, 40 NY2d 264, 266-267 [1976]; cf. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Q2 2018 Quick Links, Part 3 (Privacy, Advertising, E-Commerce)
6 Jul 2018, 8:50 am by Eric Goldman
* Burke v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
A Veteran Legal Malpractice Pro-Se Litigant and Service Problems
27 Jun 2018, 4:06 am by Andrew Lavoott Bluestone
Debra Cascardo is a pro-se litigant in Cascardo v Macklowitz  2018 NY Slip Op 31231(U) June 8, 2018 Supreme Court, New York County Docket Number: 101528/2017 Judge: Frank P. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Not Enough to Dismiss
6 Apr 2018, 4:43 am by Andrew Lavoott Bluestone
  Here, in Heth v Satterlee Stephens Burke & Burke LLP  2018 NY Slip Op 02307  Decided on April 3, 2018 Appellate Division, First Department the issues were distilled, the opinion was short. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Really, It’s None of These Things…
28 Dec 2017, 5:25 am by Andrew Lavoott Bluestone
Burke PC v Aezah 2017 NY Slip Op 32670(U) December 14, 2017 Supreme Court, New York County Docket Number: 654778/2016 Judge: David B. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
For Lack of An Expert, the Case is Lost
5 Dec 2017, 4:20 am by Andrew Lavoott Bluestone
”  In Herman v Franke, Gottsegen, Cox Architects  2017 NY Slip Op 07980 Decided on November 15, 2017 Appellate Division, Second Department one side utilized an expert, the other did not. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/