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Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice
13 Jun 2024, 6:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 179-180 [1978]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where there is a conflict in the testimony offered in the course of a disciplinary hearing and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice
13 Jun 2024, 6:00 am by Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176, 179-180 [1978]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [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/
[Josh Blackman] The Origin Story Of Dobbs
28 May 2024, 1:25 pm by Josh Blackman
Martinez, and Troxel v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiff Succeeded On Three Claims and Still Sued for Legal Malpractice
15 May 2024, 3:56 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
DA Secures Conviction in Antioch Murder Case at the Center of Racial Justice Act Violations
7 May 2024, 11:46 am by Yosi Yahoudai
” Case No. 01001976380 | The People of the State of California v. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
ELECTION 2024 - HERE ARE YOUR CONTESTED RACES, AND YOUR WINNERS .......
26 Apr 2024, 10:04 am
On April 25th, he notified the State Elections Department that he was once again re-designating back into County Court Group 29.Group 31Judge Christopher Green v. [read post]
Justice Building Blog - http://justicebuilding.blogspot.com/
Another Campus Episode of Protestors Shouting (and Shutting) Down an Invited Speaker: Representative Jamie Raskin’s Endowed Lecture at the University of Maryland
16 Apr 2024, 9:01 pm by Vikram David Amar
(That’s what Dean Martinez was getting at when she observed, in her public explanation of SLS’s policies, that “the First Amendment does not give protestors a ‘heckler’s veto. [read post]
Verdict - http://verdict.justia.com/
A Bad Faith and Legal Malpractice Case Avoids Dismissal
25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone
Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint sufficiently stated a cause of action alleging legal malpractice against the law firm defendants (see Shaya B. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
A Northern California city gave a homeless camp a lease as an experiment. Here’s what happened
12 Mar 2024, 8:02 am by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
A Northern California city gave a homeless camp a lease as an experiment. Here’s what happened
12 Mar 2024, 7:10 am by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
Sacramento gave a homeless camp a lease as an experiment. Here’s what happened
11 Mar 2024, 7:00 pm by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
Settlements, Cash Advances and a Breach of Fiduciary Duty Claim
8 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
Plaintiff’s signed agreement with the nonparty funder, selling a portion of his interest in any potential future litigation proceeds, “conclusively establishes a defense to the asserted claim as a matter of law,” as it shows that defendants did not commit any misconduct by failing to warn plaintiff of the terms of the agreement (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]), which plaintiff admittedly signed (see VXI Lux Holdco S.A.R.L.… [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Biden administration, families ask justices to roll back state restrictions on transgender care for minors
29 Jan 2024, 8:38 am by Kalvis Golde
United States v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Stephen Halbrook] Second Amendment Roundup: Agency "Guidance," Interpretive Regulations, and Chevron
25 Jan 2024, 6:55 pm by Stephen Halbrook
In Guedes v. [read post]
The Volokh Conspiracy - http://www.volokh.com/