Search for: "DEPARTMENT OF ADMINISTRATIVE HEARINGS DIVISION"
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24 Aug 2020, 4:00 am
"The court, Judge Colangelo, dissenting,*** explained that a "Judicial review of an administrative determination made after a hearing at which evidence is taken pursuant to direction of law is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record," noting that "Substantial evidence consists of 'such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate… [read post]
24 Aug 2020, 4:00 am
"The court, Judge Colangelo, dissenting,*** explained that a "Judicial review of an administrative determination made after a hearing at which evidence is taken pursuant to direction of law is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record," noting that "Substantial evidence consists of 'such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate… [read post]
7 Jan 2013, 4:00 am
Employees “demoted” to a lower grade position as a result of their exercise of their “displacement rights” in a layoff situation are not entitled to a “pre-demotion” hearing Yackel v City of Rochester, 2012 NY Slip Op 09253, Appellate Division, Fourth Department The Rochester Firefighters Association file an Article 78 petition challenging an administrative order issued by the Fire Chief of the City of Rochester Fire… [read post]
17 Jun 2010, 4:28 am
”Noting that “the conflict for Favro was self-evident and required that he disqualify himself from conducting the necessary review of the findings and recommendations made by the Hearing Officer,” the Appellate Division also found that the only others having “command authority” over Guynup were disqualified because of they were both witnesses who testified at the disciplinary hearing.The court said that “Favro not only had the authority to… [read post]
20 Aug 2010, 12:07 am
”According to the Appellate Division’s ruling in the Taylor case, the right to a pre-determination hearing depends on whether or not the individual can demonstrate that administrative decision constituted involved some deprivation of a “property interest” or a “liberty interest. [read post]
21 Nov 2019, 11:00 am
Cavaiola, an Associate in the Gibbons Environmental Department, authored this post. [read post]
21 Nov 2013, 3:33 am
”Citing Trotta v Ward, 77 NY2d 827, the Appellate Division said that the penalty imposed did not shock its sense of fairness as the detective "is accountable to the public for the integrity of the Department. [read post]
31 Mar 2016, 4:00 am
[Association] brought a CPLR Article 78 action seeking a review the hearing officer’s decision confirming a determination of the Nassau County Sheriff's Department [Department] to discontinue the General Municipal Law §207-c benefits being paid to Correction Officer John Thomas. [read post]
29 Apr 2016, 4:00 am
The Hearing Officer who conducted the disciplinary arbitration hearing found that the Department had provided VHB with assistance and numerous opportunities to improve her skills but concluded that VHB “was either unable or unwilling to adjust her teaching methods to comply with her supervisors' appropriate directives. [read post]
7 Aug 2015, 6:28 am
To bring a claim under Title VII, explained the court, a plaintiff must first have filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) or a state equivalent - here, the New York State Division of Human Rights - as Courts may only hear claims “reasonably related” to allegations set forth in the administrative complaint. [read post]
3 Jun 2021, 8:04 pm
” Presumably, during his confirmation hearing, Dr. [read post]
5 Nov 2015, 10:00 am
Recent decisions by New York City's Office of Administrative Trials and Hearing Administrative Law JudgesEmployee’s conduct on the job found guilty of creating a risk to others at the workplaceOATH Index No. 1236/14OATH Administrative Law Judge Kara J. [read post]
5 Jul 2022, 11:40 am
In 2015, when the Administrator of the Wage and Hour Division of the Obama Administration’s Labor Department issued an Administrator’s Interpretation, our blog post was titled: “The Labor Department’s New Guidance on Independent Contractor Misclassification Is Nothing New Legally. [read post]
21 May 2013, 7:02 am
" * Supreme Court transferred the CPLR Article 78 petition filed with it by the police officer to the Appellate Division in accordance with CPLR §7803.4.with respect to the issue of whether substantial evidence supported the administrative determination made as a result of a hearing held at which evidence was taken. [read post]
6 Sep 2010, 9:07 am
After an administrative Hearing, the employee was granted unemployment insurance benefits. [read post]
17 Apr 2024, 6:00 am
"In addition, the Appellate Division's decision states that the Hearing Officer "disregarded the testimony of witnesses from the [New York Police Department] and various state agencies who interviewed Student A and investigated her allegations regarding [Employee] on grounds that it was 'hearsay' evidence. [read post]
17 Apr 2024, 6:00 am
"In addition, the Appellate Division's decision states that the Hearing Officer "disregarded the testimony of witnesses from the [New York Police Department] and various state agencies who interviewed Student A and investigated her allegations regarding [Employee] on grounds that it was 'hearsay' evidence. [read post]
9 Mar 2018, 6:41 am
Plaintiff did not raise his racial and religious discrimination claims at the disciplinary hearing, and the Appellate Division in rejecting the Article 78 appeal did not mention those issues, either. [read post]
5 Nov 2018, 4:00 am
Unauthorized recording of a court proceedingMatter of Attorney Grievance Committee M-3080, 2018 NY Slip Op 07278, Appellate Division, First DepartmentAttorney Grievance Committee M-3080 for the First Judicial Department instituted disciplinary against an attorney alleging the attorney had made an unauthorized recording of a court proceeding in violation of New York Rules of Professional Conduct, 22 NYCRR 1200.0 rule 8.4(d), Conduct Prejudicial to the Administration of… [read post]
5 Nov 2018, 4:00 am
Unauthorized recording of a court proceedingMatter of Attorney Grievance Committee M-3080, 2018 NY Slip Op 07278, Appellate Division, First DepartmentAttorney Grievance Committee M-3080 for the First Judicial Department instituted disciplinary against an attorney alleging the attorney had made an unauthorized recording of a court proceeding in violation of New York Rules of Professional Conduct, 22 NYCRR 1200.0 rule 8.4(d), Conduct Prejudicial to the Administration of… [read post]
