Search for: "Matter of A.D"
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17 Sep 2020, 4:00 am
Matter of Fishman, 22 A.D.3d 100, 2005 NYSlipOp 06802 Matter of Calonge v Calonge, 52 AD3d 1111, 2008 NYSlipOp 05630; Matter of Marino, 73 A.D.3d 5, 2010 NYSlipOp 01800; Matter of McKenzie, 177 AD3d 134, 2019 NYSlipOp 06729; People v Jenkins, 55 Misc 3d 1207(A), 2017 NYSlipOp 50449(U); and People v Williams, 20 AD3d 72, 2005 NYSlipOp 04317. ** Respondent stipulated that [1] he… [read post]
17 Sep 2020, 4:00 am
Matter of Fishman, 22 A.D.3d 100, 2005 NYSlipOp 06802 Matter of Calonge v Calonge, 52 AD3d 1111, 2008 NYSlipOp 05630; Matter of Marino, 73 A.D.3d 5, 2010 NYSlipOp 01800; Matter of McKenzie, 177 AD3d 134, 2019 NYSlipOp 06729; People v Jenkins, 55 Misc 3d 1207(A), 2017 NYSlipOp 50449(U); and People v Williams, 20 AD3d 72, 2005 NYSlipOp 04317. ** Respondent stipulated that [1] he… [read post]
28 Aug 2020, 4:00 am
” * 78 A.D.2d 984, affirmed 55 NY2d 1019. [read post]
28 Aug 2020, 4:00 am
” * 78 A.D.2d 984, affirmed 55 NY2d 1019. [read post]
24 Aug 2020, 11:43 am
Continental Casualty Co., 302 A.D.2d 1, 2-3 (1st Dept. 2002), that “rejected coverage when a business’s closure was not due to direct physical harm to the insured premises. [read post]
21 Aug 2020, 5:05 pm
BCR Safeguard Holding, LLC, 85 A.D.3d 506, 508, 924 N.Y.S.2d 391, 394 (2011).The major issue when this matter is applied to temporary government mandated shutdowns, is that no cases we found considered a situation where the tenant wishes to continue the lease after the “frustrated purpose” ceases to exist. [read post]
15 Aug 2020, 4:29 am
Danielle B., 158 A.D.3d 767, 71 N.Y.S.3d 549 [2d Dept. 2018] and Matter of Christopher YY. v. [read post]
23 Jul 2020, 4:00 am
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
23 Jul 2020, 4:00 am
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
8 Jul 2020, 11:17 pm
In 1944, New York’s highest court, the Court of Appeals, held, in a silicosis personal injury case, that: “[i]t is a matter of common knowledge that it is injurious to the lungs and dangerous to health to work in silica dust, a fact which defendant was bound to know. [read post]
5 Jul 2020, 9:01 pm
Orange County Community College, 403 N.Y.S.2d 144, 61 A.D.2d 1068 (3d Dep’t 1978), the court denied the claim of a professor who contracted and died of polio while researching in Ghana. [read post]
22 Jun 2020, 8:51 am
” “[A]s a general matter, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content. [read post]
22 Jun 2020, 4:00 am
At the close of Plaintiff's case at trial, the district court granted Defendant's motion for summary judgment as a matter of law to the with respect to Petitioner's constructive discharge claim while allowing her other claims to proceed. [read post]
22 Jun 2020, 4:00 am
At the close of Plaintiff's case at trial, the district court granted Defendant's motion for summary judgment as a matter of law to the with respect to Petitioner's constructive discharge claim while allowing her other claims to proceed. [read post]
18 Jun 2020, 4:00 am
"* In McLaughlin v Saga Corp., 242 A.D.2d 393, the Appellate Division held that if the party is able to submit "proof of mailing within the limitations period," the application or appeal is timely. [read post]
18 Jun 2020, 4:00 am
"* In McLaughlin v Saga Corp., 242 A.D.2d 393, the Appellate Division held that if the party is able to submit "proof of mailing within the limitations period," the application or appeal is timely. [read post]
12 Jun 2020, 4:00 am
**As to Officer's allegation that hearsay evidence had been considered by the ADC in his arriving at his determination, the Appellate Division, citing Matter of Rosa v New York City Hous. [read post]
12 Jun 2020, 12:00 am
**As to Officer's allegation that hearsay evidence had been considered by the ADC in his arriving at his determination, the Appellate Division, citing Matter of Rosa v New York City Hous. [read post]
10 Jun 2020, 4:00 am
"The Circuit Court vacated the district court's judgment and remanded the matter to the lower court for further proceedings.In Rychlick v Coughlin, 99 A.D.2d 863, aff'd 63 NY2d 643, the Appellate Division opined that threatening to do what the appointing authority has a right to do – in this instance filing disciplinary charges against Rychlick if he refused to resign from his position -- did not constitute coercion so as to make… [read post]
10 Jun 2020, 4:00 am
"The Circuit Court vacated the district court's judgment and remanded the matter to the lower court for further proceedings.In Rychlick v Coughlin, 99 A.D.2d 863, aff'd 63 NY2d 643, the Appellate Division opined that threatening to do what the appointing authority has a right to do – in this instance filing disciplinary charges against Rychlick if he refused to resign from his position -- did not constitute coercion so as to make… [read post]
