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After Appellate Reversal, Neither Side Gets Summary Judgment
13 Sep 2024, 5:24 am by Andrew Lavoott Bluestone
In Smith, Gambrell & Russell, LLP v 3 W. 16th St., LLC 2024 NY Slip Op 33084(U) September 3, 2024 Supreme Court, New York County Docket Number: Index No. 654238/2021 Judge: Lyle E. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Blog Post: Larson’s Workers’ Compensation Law Case Spotlights (Fall 2024)
9 Sep 2024, 6:36 am by Robin E. Kobayashi
Reinstating a decision of the state’s Workers’ Compensation Board that had awarded benefits to a medical employee who sustained injuries in a hospital shooting, the New York Court of Appeals, in Timperio v. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
Procedural omissions results in the Appellate Division's remitting the matter to the Supreme Court "for the service and filing of an answer and the administrative record" and the annulling of that court's ruling with respect to the penalty imposed on the Petitioner
18 Jul 2024, 6:00 am by Public Employment Law Press
Decided on July 10, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentMARK C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Procedural omissions results in the Appellate Division's remitting the matter to the Supreme Court "for the service and filing of an answer and the administrative record" and the annulling of that court's ruling with respect to the penalty imposed on the Petitioner
18 Jul 2024, 6:00 am by Public Employment Law Press
Decided on July 10, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentMARK C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
Decided on June 12, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentMARK C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
Decided on June 12, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentMARK C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Community Assn. v New York State Urban Dev. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Community Assn. v New York State Urban Dev. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
The State actors are the State of New York, Governor of the State of New York, the New York State Board of Regents, the New York State Education Department, and the New York State Commissioner of Education (collectively the State). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
The State actors are the State of New York, Governor of the State of New York, the New York State Board of Regents, the New York State Education Department, and the New York State Commissioner of Education (collectively the State). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A final determination and the exhaustion of administrative remedies are typically essential to obtaining judicial review of the administrative determination
30 Aug 2023, 6:00 am by Public Employment Law Press
" Further, as the decision in Walton v New York State Department of Correctional Servs., 25 AD3d 999, modified, 8 NY3d at 191, notes, "an individual is not required to exhaust the available administrative remedy where such action would constitute an exercise in futility. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A final determination and the exhaustion of administrative remedies are typically essential to obtaining judicial review of the administrative determination
30 Aug 2023, 6:00 am by Public Employment Law Press
" Further, as the decision in Walton v New York State Department of Correctional Servs., 25 AD3d 999, modified, 8 NY3d at 191, notes, "an individual is not required to exhaust the available administrative remedy where such action would constitute an exercise in futility. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Accumulating eligibility towards tenure via so-called "Jarema credit"
18 Jul 2023, 6:00 am by Public Employment Law Press
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Accumulating eligibility towards tenure via so-called "Jarema credit"
18 Jul 2023, 6:00 am by Public Employment Law Press
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Top 10 Business Divorce Cases of 2022
3 Jan 2023, 4:35 am by Peter Mahler
Max v ALP, Inc. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Decided on June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department FRANCESCA E. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Decided on June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department FRANCESCA E. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
New York Civil Liberties Union; New York State Academy of Trial Lawyers; New York State Conference of Mayors and Municipal Officials et al.; New York City Bar Association; New York County Lawyers Association et al.; City of New York; New York State Trial Lawyers Association, amici curiae.SINGAS, J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
New York Civil Liberties Union; New York State Academy of Trial Lawyers; New York State Conference of Mayors and Municipal Officials et al.; New York City Bar Association; New York County Lawyers Association et al.; City of New York; New York State Trial Lawyers Association, amici curiae.SINGAS, J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Rulings Endorse Courts’ Broad Remedial Powers Over Condo and Co-op Board Elections
28 Mar 2022, 3:44 am by Peter Mahler
Co-op Owner Campaigning for Board Seat Wins Access to Unredacted Shareholder List The Second Department’s decision last week in Matter of O’Donnell v Fleetwood Park Corp. involves a residential co-op with 478 units in Yonkers, New York. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/