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3 Sep 2014, 4:29 am
The administrators of that system recently announced that a huge number of documents from five federal courts have been permanently removed from its database and are no longer publicly viewable. [read post]
28 Aug 2014, 12:00 pm
There is no private right of action available in court. [read post]
28 Aug 2014, 5:10 am
Bragunier, the chief administrative judge in Charles County Circuit Court. [read post]
28 Aug 2014, 4:28 am
Copyright © 2013 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
26 Aug 2014, 10:59 am
In the concluding published parts of its opinion, the court held the trial court did not err in including in the administrative record transcripts of hearings before an advisory body, the Board’s Land Use and Economic Development Committee (LUEDC); in doing so, it rejected SFT’s argumen [read post]
25 Aug 2014, 4:00 am
It may be that this reflects two different penalties for the two different charges filed against him, incompetence and misconduct, which were consolidated for purposes of appeal.Further, in Figueroa v NYS Thruway Authority, 251 A.D.2d 773, the court held that multiple §75 thirty-day suspensions without pay were permitted where additional disciplinary charges were subsequently filed against the employee.________________________ A Reasonable Disciplinary Penalty Under the… [read post]
15 Aug 2014, 4:00 am
., 2014 NY Slip Op 05640, Appellate Division, Second DepartmentTwo employees of the New York State Unified Court System and New York State Office of Court Administration, John Ferguson and Jocelyn Cruz, were removed from their positions of employment that they held pursuant to a “contingent permanent appointment. [read post]
14 Aug 2014, 5:50 am
“‘[So long as] Congress provides for a ‘special statutory review proceeding’ in one specific court, challenges to the administrative action must take place in the designated forum. [read post]
14 Aug 2014, 4:00 am
Transcribing the hearing in a disciplinary arbitration proceeding2014 NY Slip Op 05700, Appellate Division, First DepartmentIn this CPLR Article 75 action Supreme Court’s confirmed the arbitrator’s decision imposing the penalty of termination on an employee [Employee] of the New York City Transit Authority [NYCTA]. [read post]
13 Aug 2014, 9:18 pm
There appears to be some very positive momentum for the bills, including, including bi-partisan support in both houses by high ranking legislators and likely support by the Obama Administration. [read post]
11 Aug 2014, 12:30 pm
In Matter of Bolduc, 2014 NY Slip Op 05428 (2nd Dept. 2014), the defendant, an attorney, was charged with two counts of professional misconduct that stemmed from multiple arrests including more than one DWI. [read post]
6 Aug 2014, 10:18 am
These include the following: Replacing the rate court judges who determine rates when ASCAP or BMI don’t reach an agreement with a company that uses music (currently US Federal District Court Judges in the Southern District of NY) with an arbitration panel. [read post]
1 Aug 2014, 4:16 am
When he insisted that he be allowed to enter for a court matter, he said, “I was thrown forcibly on to the rollers of the X-ray machine. [read post]
31 Jul 2014, 4:00 am
Law enforcement officers may be held to higher standards of conduct than other civil service employees2014 NY Slip Op 04297, Appellate Division, Fourth DepartmentA County Correction Officer [Petitioner] was alleged to have violated departmental rules and regulations and, after an advisory arbitration hearing, was suspended from his position without pay for 45 days.Petitioner initiated an Article 78 proceeding seeking a court order annulling the appointing authority’s… [read post]
30 Jul 2014, 4:00 am
Employer entitled to reimbursement of the cost of post-employment health insurance benefits it erroneously paid on behalf of a former employee2014 NY Slip Op 04203, Appellate Division, Second DepartmentIn this action a former employee [Plaintiff] of a municipal entity [Municipality] filed a petition in the nature of mandamus to compel her former employer to provide her with post-employment health insurance benefits.Supreme Court granted the Municipality’s motion summary… [read post]
29 Jul 2014, 8:47 am
Hurd in Utica, NY. [read post]
24 Jul 2014, 6:17 pm
After consideration of all of the factors the court concluded that the attorney should be censured. [read post]
24 Jul 2014, 10:40 am
At a House Foreign Affairs Committee, Republicans suggested drone strikes should have been authorized months ago, while even some Democrats appeared to question the Administration’s approach. [read post]
24 Jul 2014, 7:00 am
A court’s review of an administrative decision supported by substantial evidence is limited to determining if it was arbitrary, capricious or affected by error of law 2014 NY Slip Op 04637, Appellate Division, Fourth DepartmentPetitioner [Plaintiff] commenced this proceeding pursuant to CPLR Article 78 challenging an administrative determination terminating his General Municipal Law §207-c benefits on the ground that his current disability was not… [read post]
23 Jul 2014, 7:49 pm
First, according to the City, the amendment divests the New York City Criminal Court of jurisdiction over violations of the Administrative Code of the City of New York (the "Administrative Code"). [read post]
