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20 Feb 2014, 9:36 am
The court reversed the order of an administrative law judge (ALJ) finding in favor of two men claiming hostile work environment based on sex. [read post]
14 Feb 2014, 4:00 am by The Public Employment Law Press
A court’s review of an administrative hearing conducted pursuant to law is limited2014 NY Slip Op 00663, Appellate Division, Second DepartmentThe Civil Service Law §75 disciplinary hearing officer found the employee against whom disciplinary charges and specifications had been filed [Petitioner] guilty of certain disciplinary charges and recommended that the employee be terminated from the position. [read post]
13 Feb 2014, 1:48 pm by Eric Penzer
In early January, the Appellate Division, Third Department, decided Matter of Yengle, 2014 NY Slip Op 00156 (3d Dept, Jan. 9, 2014). [read post]
13 Feb 2014, 1:48 pm by Eric Penzer
In early January, the Appellate Division, Third Department, decided Matter of Yengle, 2014 NY Slip Op 00156 (3d Dept, Jan. 9, 2014). [read post]
13 Feb 2014, 9:10 am by Eric P. Robinson
Schmitt, 12 Misc. 3d 1152(A), 819 N.Y.S.2d 209, 2006 NY Slip Op 50870(U) (N.Y. [read post]
13 Feb 2014, 9:10 am by Eric P. Robinson
Schmitt, 12 Misc. 3d 1152(A), 819 N.Y.S.2d 209, 2006 NY Slip Op 50870(U) (N.Y. [read post]
13 Feb 2014, 9:10 am by Eric P. Robinson
Schmitt, 12 Misc. 3d 1152(A), 819 N.Y.S.2d 209, 2006 NY Slip Op 50870(U) (N.Y. [read post]
13 Feb 2014, 9:10 am by Eric P. Robinson
Schmitt, 12 Misc. 3d 1152(A), 819 N.Y.S.2d 209, 2006 NY Slip Op 50870(U) (N.Y. [read post]
12 Feb 2014, 8:00 am by The Public Employment Law Press
The four-month statute of limitations set out in Article 78 of the Civil Practice Law and Rules applies when challenging a pubic retirement system’s administrative decision 2013 NY Slip Op 08026, Appellate Division, First DepartmentThe contingent beneficiary [Petitioner] of a member of the New York City Teachers’ Retirement System was advised that she would not receive benefits under the deceased member's qualified pension plan (QPP) because he died prior to his… [read post]
6 Feb 2014, 4:37 am by Rebecca Tushnet
”  The court further characterized the result of the complaint as “a formal administrative process involving fact-finding, an opportunity for both sides to be heard, consideration before a neutral arbiter, and standardized forms and procedures. [read post]
5 Feb 2014, 4:00 am by The Public Employment Law Press
Employer may not discontinue a firefighter’s GML §207-a(1) benefits without first providing the firefighter with an administrative hearing2014 NY Slip Op 00408, Appellate Division, Third DepartmentA firefighter (Firefighter) injured his lower and about one and one-half years later he stopped working due to his injury. [read post]
3 Feb 2014, 3:51 am by Peter Mahler
., 2013 NY Slip Op 08351 [1st Dept Dec. 12, 2013], a Manhattan appellate panel recently reinstated a claim to enforce an alleged oral LLC agreement, among other provisions, granting the appellant a 10% membership interest. [read post]
1 Feb 2014, 6:34 pm by Arina Shulga
., a commercial litigation and personal injury firm with offices in NJ and NY. [read post]
1 Feb 2014, 6:16 pm by Howard Friedman
Yeshiva University, (SD NY, Jan. 30, 2014), a New York federal district court dismissed on statute of limitations grounds a suit by 34 former students at Yeshiva University High School for Boys claiming that between 1968 and 1992 they were abused variously by an administrator who eventually became the school principal, by a Judaic studies teacher employed by the Jewish high school, and by an outside party who was given access to the school dormitory. [read post]
29 Jan 2014, 4:00 am by The Public Employment Law Press
An administrative disciplinary penalty that is within the discretion of the reviewing agency to impose will not be disturbed by the court2014 NY Slip Op 00261, Appellate Division, Third DepartmentThe Board of Regents suspended an individual’s [LPN] license to practice as a licensed practical nurse in New York for two years following her pleading guilty to petit larceny to satisfy charges against her for fraudulently obtaining unemployment insurance benefits.LPN was sentenced… [read post]
29 Jan 2014, 1:00 am by Rick St. Hilaire
The Department of the Navy has proposed new administrative rules covering vessels under the jurisdiction of the Sunken Military Craft Act (SMCA). [read post]
28 Jan 2014, 4:00 am by The Public Employment Law Press
The following year, similar complaints led to an investigation and the superintendent placing Educator on administrative leave. [read post]
27 Jan 2014, 4:00 am by The Public Employment Law Press
See, also, Banton v New York City Dept. of Corr. at: http://www.nycourts.gov/reporter/3dseries/2013/2013_08494.htmand Toledo v Administration for Children Servs., at: http://www.nycourts.gov/reporter/3dseries/2013/2013_08500.htm. [read post]
24 Jan 2014, 4:00 am by The Public Employment Law Press
The “Rule of Necessity” permits a tribunal, the members of which could be affected by the decision, to decide a case or controversyPines, et. al. v State of New York, 2014 NY Slip Op 00335, Appellate Division, Second DepartmentIn deciding an action initiated by Emily Pines and other judges, Supreme Court that held that “the compensation of judges and justices of the Unified Court System of the State of New York was duly increased pursuant to the Laws of… [read post]