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Petitioners failed to reject Respondent's answer and deem it a nullity due to its lack of a verification resulting in Supreme Court abusing its discretion by sua sponte striking Respondent's answer

14 May 2024, 6:00 am by Public Employment Law Press

Matter of Davis v Schley2024 NY Slip Op 02614Decided on May 10, 2024Appellate Division, First DepartmentPublished by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 10, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill-Levy, JJ.Index No. 153380/24 Appeal No. 2415 Case No. 2024-02974[*1]In the Matter of… [read post]

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

Petitioners failed to reject Respondent's answer and deem it a nullity due to its lack of a verification resulting in Supreme Court abusing its discretion by sua sponte striking Respondent's answer

14 May 2024, 6:00 am by Public Employment Law Press

Matter of Davis v Schley2024 NY Slip Op 02614Decided on May 10, 2024Appellate Division, First DepartmentPublished by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 10, 2024Before: Moulton, J.P., Scarpulla, Shulman, Higgitt, O'Neill-Levy, JJ.Index No. 153380/24 Appeal No. 2415 Case No. 2024-02974[*1]In the Matter of… [read post]

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

Risk Potpourri — Judge’s “Street Brawl” (And Conflict), Banker Conflict Disclosure Matter, CLO/Corporate Secretary Research, Fee Sharing Opinion

13 May 2024, 6:41 am by Dan Bressler

In most states, a lawyer may share court-awarded fees with a nonprofit organization that employed, retained or recommended the lawyer’s employment. [read post]

Bressler Risk Blog - http://www.bresslerriskblog.com

An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident

13 May 2024, 6:00 am by Public Employment Law Press

Matter of Stack v Board of Trustees of N.Y. [read post]

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

An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident

13 May 2024, 6:00 am by Public Employment Law Press

Matter of Stack v Board of Trustees of N.Y. [read post]

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

Limo Company Shareholders Can’t Hitch a Ride in Derivative Litigation

13 May 2024, 4:50 am by Franklin C. McRoberts

” The Complaint alleged that Dial is now run by an “unauthorized, illegitimate and illegal board,” who treated Dial “like their personal piggy bank” to “fund their salaries, other perks, and vindictive lawsuits against several of Dial’s former board members,” including against the two plaintiffs. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

In a Split Decision, TTAB Reverses Mere Descriptiveness Refusal of ARBATA for Tea Despite the Word's Lithuanian Meaning

13 May 2024, 3:55 am

” Palm Bay Imps., Inc. v. [read post]

The TTABlog - http://thettablog.blogspot.com/

Should Companies Announce Reviews of Strategic Alternatives?

12 May 2024, 9:05 pm by renholding

ENDNOTE [1] Basic v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Overturning Chevron Will Not Transform Congress

12 May 2024, 9:05 pm by Daniel E. Walters

Raimondo and Relentless, Inc. v. [read post]

RegBlog - https://www.theregreview.org/

Weekend Roundup

10 May 2024, 9:30 pm by Karen Tani

Board: Success or Failure? [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing

10 May 2024, 9:00 am by Public Employment Law Press

During such meeting, it was represented to the members of the APA board that, due to the regulatory time constraints, the APA board was required to decide whether to hold an adjudicatory hearing on such date. [read post]

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

The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing

10 May 2024, 9:00 am by Public Employment Law Press

During such meeting, it was represented to the members of the APA board that, due to the regulatory time constraints, the APA board was required to decide whether to hold an adjudicatory hearing on such date. [read post]

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

Climate Change in Colorado: Part 2 – Federal Agency Initiatives

10 May 2024, 6:45 am by Evangelina Cantu

The California Air Resources Board provides an interactive map showing which states have adopted some or all of California’s standards. [read post]

Spencer Fane Insights - https://www.spencerfane.com/insights/thought-leadership/

NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error

10 May 2024, 6:00 am by Public Employment Law Press

(Board of Educ. of Buffalo City Sch. [read post]

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

NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error

10 May 2024, 6:00 am by Public Employment Law Press

(Board of Educ. of Buffalo City Sch. [read post]

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

An officer’s duty to exercise due diligence: A clarification?

10 May 2024, 12:04 am by Katherine Morris

It had eight depots spread throughout the State. [read post]