Search for: "DEPARTMENT OF ADMINISTRATIVE HEARINGS DIVISION"
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21 Oct 2013, 10:19 am
NYC police officer’s pension vested as a result of the appointing authority’s failure to hold a timely disciplinary hearing 2013 NY Slip Op 06772, Appellate Division, First Department New York City’s Administrative Code §13-256 provides that a police officer's pension automatically vests thirty days after he or she "duly execute[s an] application for a deferred retirement allowance," provided, among other things, that the… [read post]
17 May 2016, 4:00 am
*In the words of the Appellate Division, “SDHR did not commence hearings on the 1995 and 1997 complaints until 2004. [read post]
8 Aug 2018, 10:00 am
" Citing Matter of McComb v Reasoner, 29 AD3d 795, the Appellate Division noted that the Court of Appeals has interpreted Civil Service Law §72(2) to "require[ ] that the power to discipline be delegated, if necessary, within the governmental department's chain of command" and that the Court of Appeals has further interpreted Civil Service Law §72(2) to:1. require that the power to discipline be delegated, if necessary, within the governmental… [read post]
3 Jul 2012, 6:53 am
Courts will defer to an administrative decision made by an agency pursuant to its authority if it acted rationally within its area of expertise Roberts v Gavin, 2012 NY Slip Op 05239, Appellate Division, First Department Lillian Roberts, Executive Director of District Council 37, AFSCME, AFL-CIO [DC 37], petitioned Supreme Court seeking an order annulling the Personnel Review Board of the New York City Health and Hospitals Corporation [PRB] determination the Health… [read post]
5 Mar 2009, 5:14 pm
Garry to fill a vacancy on the Appellate Division, Third Department. [read post]
21 Apr 2016, 4:00 am
Again Ronga appealed but this time the Appellate Division affirmed the penalty the Hearing Officer had determined – dismissal from the position. [read post]
13 Jan 2014, 2:33 pm
Department of Health & Human Services, Office of Medicare Hearings and Appeals (OMHA) will hold a Medicare Appellant Forum in the Cohen Auditorium of the Wilbur J. [read post]
28 Aug 2013, 8:00 am
Happy Nails contested the citations, but a hearing officer at the Division of Labor Standards Enforcement (DLSE) affirmed. [read post]
2 Oct 2009, 9:53 pm
Create Task Force for Department of Administrative Hearings The bill establishes a 24-member task force to develop recommendations for establishing within the CHRO a Division of Administrative Hearings that would conduct impartial hearings on contested cases brought by or before the departments of Children and Families, Transportation, and Motor Vehicles; CHRO; and the Board of Firearms Permit Examiners. [read post]
9 Sep 2016, 6:31 am
Garrett appealed to the Appellate Division, which decided that the OAL needs to re-hear the case and finally answer the question. [read post]
8 Sep 2015, 4:00 am
Police officer suspended without pay pending a determination of criminal charges filed against him and any administrative disciplinary action taken against him 2015 NY Slip Op 06729, Appellate Division, Second DepartmentIn February 2013 a City of Mount Vernon police officer [Officer] was suspended without pay by the Commissioner of the City of Mount Vernon Police Department [Commissioner] pending a determination of the criminal charges and any administrative… [read post]
28 Dec 2010, 4:14 am
Court sustains Commissioner of Education’s determination suspending educator’s certification for one year after finding he lacked good moral characterMatter of Mudge v Huxley, 2010 NY Slip Op 09311, Decided on December 16, 2010, Appellate Division, Third DepartmentRandy Mudge, a certified as a teacher and school administrator, requested a hearing in response to a notice from the State Department of Education that a substantial question existed with… [read post]
7 Oct 2015, 4:00 am
., 2015 NY Slip Op 06917, Appellate Division, Second DepartmentThe New Hampton Board of Fire Commissioners adopted, in part and rejected in part the recommendation of a hearing officer, made after a disciplinary hearing and found Daniel Graham, a member of the fire department, guilty of insubordination, misconduct, incompetence, and conduct unbecoming of a member of the fire department. [read post]
16 Mar 2015, 6:15 am
Disciplinary penalty imposed modified in view of individual’s long service with the agency2015 NY Slip Op 02008, Appellate Division, First DepartmentThe Appellate Division, First Department, sustained the dismissal of a New York City police officer, [Officer] finding that substantial evidence supported the determination that Officer was guilty of numerous violations demonstrating his inability to conform his conduct to police department regulations.The court… [read post]
3 Sep 2014, 4:00 am
In a disciplinary hearing the employer bears the burden of proving the charges filed against an employee by a preponderance of the credible evidenceOATH Index No. 789/14 A New York City correction officer was charged with leaving her residence while on sick leave without permission and without having logged out with the employer's Health Management Division. [read post]
31 Jul 2008, 11:09 am
The department has four divisions: Rehabilitation Services Blind Services Early Childhood Intervention Services Disability Determination Services The Disability Determination Services department is the one involved in deciding whether Social Security disability applicants qualify for benefits. [read post]
30 Jun 2011, 5:25 am
Since Wyche had a "fundamental due process right" to be present, and the time for conducting a new hearing had long since passed, the Appellate Division, First Department, agreed that reinstatement was the appropriate remedy. [read post]
16 Aug 2013, 8:32 am
Hearsay evidence coupled with nonhearsay evidence held to constitute substantial evidence sufficient to support the appointing authority’s disciplinary decision 2013 NY Slip Op 05630, Appellate Division, Second Department The appointing authority terminated the employee [Petitioner] following a Civil Service Law §75 disciplinary hearing. [read post]
27 Dec 2012, 4:00 am
Hearsay is admissible in administrative proceedings and, if sufficiently relevant and probative, may constitute substantial evidence Szczepaniak v City of Rochester, 2012 NY Slip Op 08896, Appellate Division, Fourth Department The City of Rochester determined that one of its employees was guilty of the disciplinary charges filed against him and terminating him from his employment. [read post]
1 Feb 2021, 9:00 am
The Appellate Division ruled that as Plaintiff failed to appeal the Department's denial of his application for reinstatement, he "remained ineligible for any vested benefits. [read post]
