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3 Apr 2015, 7:12 am by The Public Employment Law Press
"This doctrine applies, said the Appellate Division, "where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views," citing Staatsburg Water Co. v Staatsburg Fire Dist.,… [read post]
3 Nov 2014, 1:22 pm by David Fraser
Readers may recall that the "nuclear option" was exercised in the Information and Privacy Commissioner, et al. v. [read post]
6 Oct 2023, 6:30 am by ernst
Jason Gillmer, Gonzaga University School of Law, has posted Pearson v. [read post]
1 Jun 2023, 5:00 am
" [56 RCNY 1-05 [b][6]].Because it agreed with OATH that a pushcart fell within the “display stand” definition, the AD1didn’t think the agency’s findings were “arbitrary and capricious or affected by an error of law, but was instead rational and entitled to deference,” and thus opted to deny the challenge and confirmed the underlying determination.Sadly, there’s no pushing back on that ….# # #DECISIONMatter of M. v New York City… [read post]
13 Jul 2022, 5:20 am
A meme account whose Instagram handle is a bawdy play on 'Kit Kittredge' posted a viral image after Roe v. [read post]