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Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
Decided on June 29, 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/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Conservation, 159 AD3d 1493, 1498 [4th Dept 2018]; Matter of Chenkin v New York City Council, 72 AD3d 548, 549 [1st Dept 2010], lv denied 16 NY3d 703 [2011]; Matter of Specht v Town of Cornwall, 13 AD3d 380, 381 [2d Dept 2004]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Conservation, 159 AD3d 1493, 1498 [4th Dept 2018]; Matter of Chenkin v New York City Council, 72 AD3d 548, 549 [1st Dept 2010], lv denied 16 NY3d 703 [2011]; Matter of Specht v Town of Cornwall, 13 AD3d 380, 381 [2d Dept 2004]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] Ex-Police-Officer Allowed to Proceed Pseudonymously with Due Process and Libel Claim Against City
28 Jun 2022, 5:32 am by Eugene Volokh
From Doe v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Cherry-picked history and ideology-driven outcomes: Bruen’s originalist distortions
27 Jun 2022, 2:05 pm by Saul Cornell
The majority opinion in New York State Rifle & Pistol Association v. [read post]
SCOTUSblog - http://www.scotusblog.com/
The original Gilded Age lawyers (312)
26 Jun 2022, 12:28 am by Bill Henderson
”  See “One of Long Island’s Stateliest Homes,” Town & Country (Nov. 30, 2007) at 12. [read post]
Legal Evolution - https://www.legalevolution.org/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
Defendant moved pre-answer to dismiss the claim due to lack of subject matter jurisdiction and failure to state a cause of action, and the court granted dismissal. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
Defendant moved pre-answer to dismiss the claim due to lack of subject matter jurisdiction and failure to state a cause of action, and the court granted dismissal. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The independent state legislature theory and more on jurisdiction
23 Jun 2022, 6:27 am by John Elwood
In Moore v. [read post]
SCOTUSblog - http://www.scotusblog.com/
The Nagorno-Karabakh Conflict Goes to Court
22 Jun 2022, 5:03 am by Anoush Baghdassarian
Georgia v. [read post]
Lawfare - http://www.lawfareblog.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
Based on joint stipulated facts and submitted documentary evidence, Supreme Court granted the Town and Village's joint motion and dismissed the petitions. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
Based on joint stipulated facts and submitted documentary evidence, Supreme Court granted the Town and Village's joint motion and dismissed the petitions. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
17 Jun 2022, 12:30 pm by John Ross
Dissent: The plaintiffs' claims are barred by Heck v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Indian Law Bulletins Updated 6/15/22
15 Jun 2022, 1:57 pm by Unknown
United States (Tribal Courts; Double Jeopardy) Ysleta del Sur Pueblo v. [read post]
National Indian Law Library -- News - http://nilllibrary.blogspot.com/
Global Freedom of Expression, Columbia University: Newsletter, w/e 10 June 2022
10 Jun 2022, 8:42 am by INFORRM
BangladeshAsif Imran v. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
The Eleventh Circuit’s Acceptance of a Consumer Protection Approach to Social Media Regulation
10 Jun 2022, 5:01 am by Mark MacCarthy
The industry filed an emergency appeal to reinstate the stay, which the Supreme Court granted on May 31, in a 5-4 ruling that did not detail its reasoning. [read post]
Lawfare - http://www.lawfareblog.com/
Do Police Have a Duty To Protect Me? Can I Sue Police For Refusing Assistance?
7 Jun 2022, 5:00 pm by Michael Ehline
Deshaney v. [read post]
Ehline Law Personal Injury News Blog - https://ehlinelaw.com/blog/
[Eugene Volokh] Second Circuit Allows Title IX Claim by Professor Who Alleged Biased Sexual Misconduct Investigation
3 Jun 2022, 4:04 am by Eugene Volokh
From Vengalattore v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Roy Moore Can Proceed with Libel Suit Over Allegation That He Had Solicited Sex at Mall from 14-Year-Old
2 Jun 2022, 6:42 am by Eugene Volokh
See Masson v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Can I Sue For Uvalde, Texas School Police Mass Shooting Negligence?
28 May 2022, 2:25 pm by Michael Ehline
First, it’s ridiculous to call the Castle Rock v. [read post]
Ehline Law Personal Injury News Blog - https://ehlinelaw.com/blog/