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11 Dec 2014, 8:26 am
The court said that the undertaking on the stevedore’s part to stow the cargo implied a warranty to do it properly and for a breach of the warranty resulting in damage to the ship owner, it was answerable to the ship owner. [read post]
11 Dec 2014, 6:02 am
They worried she’d wander the hallways or outside on her own, according to their statements to investigators and other court documents. [read post]
10 Dec 2014, 4:00 am
He also sought a court order directing his reinstatement to his former position with back pay and benefits. [read post]
9 Dec 2014, 4:00 am
Allegations of unlawful discrimination based of the employer‘s failure to promote an individual to higher level positionsOkocha v City of New York, 2014 NY Slip Op 08261, Appellate Division, First DepartmentThe Appellate Division ruled that Supreme Court was correct in dismissing the petition filed by Emmanuel O. [read post]
8 Dec 2014, 4:00 am
The Appellate Division noted that this proceeding could potentially involve the administration of a decedent's estate because the death benefit payable by NYCTRS is a testamentary substitute against which the Gopaul could exercise a right of election even if it was determined that she was not the designated beneficiary.As the Surrogate's Court declined to exercise jurisdiction over this proceeding before it was commenced in the Supreme Court, the Appellate… [read post]
2 Dec 2014, 4:00 am
Thus, said the court, ECSO was not required under the Americans with Disabilities Act (42 USC §12101 et seq.) or the New York State Human Rights Law (Executive Law §296) to accommodate her disability by creating such a light duty position for her.* See also County of Erie v New York State Div. of Human Rights, 2014 NY Slip Op 07829, Appellate Division, Fourth Department** Executive Law §296(3)(b) requires employers to make reasonable accommodations to permit the… [read post]
1 Dec 2014, 4:00 am
The Rule of Necessity provides a limited exception to the requirement of an unbiased adjudicator by permitting a biased adjudicator to decide a case if, and only if, the dispute cannot otherwise be heardZlotnick v City of Saratoga Springs, 2014 NY Slip Op 08289, Appellate Division, Third DepartmentThis CPLR Article 78 petition was transferred to the Appellate Division by the Supreme Court to review a determination John P. [read post]
30 Nov 2014, 6:59 am
Copyright © 2014 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
30 Nov 2014, 5:00 am
LEXIS 163060 (SD NY, Nov. 10, 2014), a New York federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that as a keeplock inmate he was not allowed to attend Christmas religious services.In Houston v. [read post]
25 Nov 2014, 5:21 pm
Or what if the next Republican administration opts not to prosecute Affordable Care Act objectors who refuse to maintain insurance or pay the tax the Court upheld in NFIB v. [read post]
24 Nov 2014, 4:00 am
”As a procedural matter, the court first explained that it would treat this appeal as one that had been transferred here by the Supreme Court and would review the administrative determination de novo * The standard of review in an administrative determination made after a hearing is limited to the Appellate Division's considering whether the determination was supported by substantial evidence. [read post]
23 Nov 2014, 7:06 pm
Accordingly, the court found that the plaintiff also failed to pursue the available administrative appeal. [read post]
23 Nov 2014, 7:06 pm
Accordingly, the court found that the plaintiff also failed to pursue the available administrative appeal. [read post]
21 Nov 2014, 7:00 am
Dist., 2014 NY Slip Op 08056, Court of AppealsThe Rochester City School District notified Roseann Kilduff, a tenured school social worker,that she was to be suspended for 30 days without pay for certain alleged misconduct. [read post]
20 Nov 2014, 8:00 am
An Administrative Law Judge, however, overruled the initial determination and found that Birnbaumwas entitled to receive benefits. [read post]
18 Nov 2014, 4:00 am
To this end the court said that Supreme Court should have entered a judgment declaring that the relevant provision of the collective bargaining agreement governing seniority rights and the determination to deny Bregman seniority credit pursuant thereto was not illegal and invalid.The court noted that such a waiver was not against public policy, as the Board of Education was allowed to establish a separate tenure area for administrators apart from the teaching… [read post]
17 Nov 2014, 4:00 am
Some limitations to obtaining information pursuant to New York State's Freedom of Information LawMiller v New York State Div. of Human Rights, 2014 NY Slip Op 07742, Appellate Division, First DepartmentThe Appellate Division sustained a Supreme Court ruling that the New York State Division of Human Rights did not violate the State’s Freedom of Information Law [FOIL] when it denied Jerald Miller’sFOIL request for certain documents.Initially addressing a procedural… [read post]
15 Nov 2014, 3:05 pm
The United States Court of Appeals for the District of Columbia thus fell for the rhetorical gambit in accepting the strawman that scientific certainty is 95%, whereas civil and administrative law certainty is a smidgeon above 50%. [read post]
12 Nov 2014, 2:06 am
The conspiracy further resulted in substantial losses to the United States Department of Housing and Urban Development (HUD) through its Federal Housing Administration (FHA) program. [read post]
6 Nov 2014, 8:02 am
Holmes, 2014 NY Slip Op 51099 (NY Crim. [read post]
