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23 Jul 2014, 7:30 am by The Public Employment Law Press
Although an administrator may have certain powers to administer a statute, he or she lacks authority to supplement or amend duly enacted legislationHazan v WTC Volunteer Fund, 2014 NY Slip Op 04103, Appellate Division, Third DepartmentA former emergency medical technician [EMT] went to World Trade Center site to offer assistance in the rescue and recovery efforts on September 11, 2001. [read post]
22 Jul 2014, 8:00 pm by Patricia Salkin
A NY Appellate Court reversed the trial court and upheld the revocation, by the Board of Standards and Appeals of the City of New York, of previously granted permits in connection with the renovation of property in Brooklyn. [read post]
22 Jul 2014, 7:00 am by The Public Employment Law Press
An administrative body may overrule its own administrative precedent2014 NY Slip Op 04550, Appellate Division, Third DepartmentIn this appeal one of the issued concerned an administrative agency, the Workers’ Compensation Board, overruling its precedent. [read post]
22 Jul 2014, 4:31 am by SHG
The review board recommended that each officer be brought before an administrative court, on the fourth floor of Police Headquarters, where a department judge would rule in the case. [read post]
21 Jul 2014, 9:05 pm by Walter Olson
Facebook fought dragnet-with-gag-order subpoena in NY police/fire disability-fraud case [Mike Masnick, TechDirt] Two lawyers charged in alleged plot to extort millions from wealthy sheik [ABA Journal] Judge declares mistrial, plans new trial date in case of allegedly faulty guardrails [Bloomberg, more, background] Last year Overlawyered made the “Hall of Fame” and from now through Aug. 8 you can nominate other sites for the ABA’s annual Blawg 100 honor; Supreme… [read post]
21 Jul 2014, 8:00 am by The Public Employment Law Press
Disciplinary arbitration award remanded for reconsideration of the appropriate penalty to be imposed for a second timeSocial Services Employees Union v City of New York, 2014 NY Slip Op 04120, Appellate Division, First Department In 2009 Supreme Court, New York County granted the Social Services Employees Union’s [Union] petition to confirm a disciplinary arbitration award that reinstated its member [Employee] to his former position and awarded him back pay and seniority. [read post]
20 Jul 2014, 7:15 pm by Patricia Salkin
An appellate court upheld the finding of the NYC Environmental Control Board that the petitioner violated the City Administrative Code and the Zoning Resolution by using the premises primarily as a transient hotel. [read post]
17 Jul 2014, 4:00 am by The Public Employment Law Press
If an individual is not represented by an attorney, the statute of limitations begins to run when the individual is served with the administrative determination; 2. [read post]
15 Jul 2014, 4:00 am by The Public Employment Law Press
Firefighter appealed the penalty imposed by hearing officer.Supreme Court granted Firefighter’s petition with respect to the penalty imposed by: [1] annulling so much of the determination as terminated the petitioner's membership in the Department, [2] reducing the penalty to a suspension for a period of 29 months, with credit for the period of suspension already served, and [3] directing the Department to reinstate Firefighter as a member of the Department.The Appellate Division… [read post]
14 Jul 2014, 4:00 am by The Public Employment Law Press
Failure to allege discriminatory animus fatal to an individual’s claims of unlawful discrimination under State and New York City Human Rights Laws 2014 NY Slip Op 05037, Appellate Division, First DepartmentThe Appellate Division affirmed State Supreme Court granting the New York City Department of Citywide Administrative Service’s motion to dismiss an employee’s [Employee] Human Rights complaint.The court, construing the complaint liberally… [read post]
9 Jul 2014, 4:00 am by The Public Employment Law Press
Dismissal of a teacher rated satisfactory for 18 consecutive years until assigned to a special education class overturned as “shocking to the court’s sense of fairness”2014 NY Slip Op 05032, Appellate Division, First DepartmentA licensed common branches and special education teacher [Teacher] had been employed by the New York City Department of Education for more than 21 years when he was terminated in 2011. [read post]
7 Jul 2014, 4:00 am by The Public Employment Law Press
Essential considerations in a court’s review of an administrative decision after an administrative hearing required by lawWillis v New York State Liq. [read post]
7 Jul 2014, 3:39 am by Peter Mahler
., 2014 NY Slip Op 05004 [3d Dept July 3, 2014], an upstate appellate panel affirmed in part and reversed in part a lower court’s decision that highlights the special rules governing the filing and service of petitions seeking judicial dissolution of close corporations under Article 11 of the Business Corporation Law. [read post]
4 Jul 2014, 10:43 am by Marty Lederman
”It is also true, as the government argued to the Court in its filing and as Justice Sotomayor writes in her dissenting opinion, that “[a]ny provision of contraceptive coverage by Wheaton’s third-party administrator . . . would result from the relevant law and regulations. [read post]
4 Jul 2014, 8:52 am by Marty Lederman
” It is also true, as the government argued to the Court in its filing and as Justice Sotomayor writes in her dissenting opinion, that “[a]ny provision of contraceptive coverage by Wheaton’s third-party administrator . . . would result from the relevant law and regulations. [read post]
29 Jun 2014, 4:35 am by SHG
Copyright © 2013 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
26 Jun 2014, 4:00 am by The Public Employment Law Press
Attaining tenure by estoppel or acquisitionFiles v Department of Educ. of the City of New York, 2014 NY Slip Op 04713, Appellate Division, First DepartmentTypically a probationary teacher or administrator will attain tenure by estoppel or acquisition when a school board accepts the continued services of the teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher’s or… [read post]
26 Jun 2014, 4:00 am by SHG
Copyright © 2013 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]