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10 Jun 2024, 5:00 am
”Since they didn’t satisfy their “burden of proof” in this instance, the AD2 agreed that the denial of the dismissal request was appropriately premised and affirmed the outcome.Was that a serious decision? [read post]
2 Dec 2019, 10:11 am by Public Employment Law Press
”Citing Rinaldi & Sons, Inc. v Wells Fargo Alarm Service, Inc., 39 N.Y.2d 191, Judge McGeachy-Kuls observed that in earlier OATH proceedings the presiding ALJ had ruled that "where the evidence is equally balanced, the charges must be dismissed. [read post]
29 Jun 2020, 4:00 am by Public Employment Law Press
" Citing Matter of Weslowski v Vanderhoef, 98 AD3d 1123, the Appellate Division opined that in the event an agency conditions disclosure of material sought pursuant to FOIL upon the prepayment of costs or refuses to disclose records except upon prepayment of costs, the agency has the burden of articulating a particularized and specific justification' for the imposition of those fees. [read post]