Search for: "NY Administrative Court"
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23 Nov 2010, 2:32 am
Practice point: Filing the requisite retainer statement with the Office of Court Administration is a necessary to receiving a fee. [read post]
14 Jun 2016, 12:28 am
The Court concluded that the NY corporation was administered in Italy because the manager was domiciled in Italy, and the corporation’s accounting books, commercial contracts, and minutes of meetings of shareholders and directors were all located in Italy. [read post]
2 Jan 2024, 9:09 am
Matter of Cohen 2004 NY Slip Op 24426 involves a dispute among the surviving children of Anna Cohen, who passed away in 1991. [read post]
29 Jun 2015, 10:00 am
Taxi Assn. v New York City Taxi & Limousine Commn., Court of Appeals, 2015 NY Slip Op 05514In this case the Court of Appeals addresses the separation of powers doctrine in cases where a legislative body delegates to an administrative agency the power to “fill in the details” of the legislation by adopting rules and, or, regulations. [read post]
4 Apr 2016, 4:00 am
An individual or organization must have “standing” in order to maintain an Article 78 action challenging an administrative decisionThomas v New York City Dept. of Educ., 2016 NY Slip Op 02154, Appellate Division, First DepartmentMichael P. [read post]
9 Nov 2015, 4:00 am
Union, Local 200 United, 2015 NY Slip Op 07097, Appellate Division, Fourth DepartmentThe Commissioner of the New York State Division of Human Rights, adopting the findings and recommendation of the Administrative Law Judge [ALJ] who conducted the administrative hearing concerning their respective complaints, dismissed the complaint filed by Carl A. [read post]
16 Oct 2015, 4:00 am
NYS Pub. [read post]
3 Mar 2010, 4:08 am
Disciplinary hearing officer’s findings the basis for collateral estoppel in a subsequent administrative hearing concerning the same issueMatter of Morales v Commissioner of Labor, 2010 NY Slip Op 01559, Decided on February 25, 2010, Appellate Division, Third DepartmentFelicita Morales, a community associate for the New York City Housing Authority, was charged with misconduct stemming from a confrontation with her supervisor and was found guilty of [1] yelling at her… [read post]
20 May 2016, 4:00 am
An administrative decision annulled and remanded for a new hearing based on a judicial finding that it is “affected by errors of law”DeMaio v DiNapoli, 2016 NY Slip Op 02505, Appellate Division, Third DepartmentVHB, a correction officer, applied for performance of duty disability retirement benefits alleging that he was injured while escorting an inmate away from an altercation between the inmate and another correction officer. [read post]
24 Jul 2015, 4:00 am
Failure to exhaust administrative remedies and other procedural error result in dismissal of the employee’s efforts to have courts adjudicate her claims 2015 NY Slip Op 05779, Appellate Division, First DepartmentThe Appellate Division said that Supreme Court correctly dismissed the complaint filed by an employee [Grievant] against New York City Department of Education (DOE), because Grievant had failed to exhaust the administrative remedies set… [read post]
9 Jul 2007, 5:10 pm
The court concluded that Davis' failure to follow the campus' rules for speaking on campus and defiance of an administrator's order to leave were not sufficient to support the trespass charge. [read post]
7 Oct 2019, 6:00 am
"In contrast the System's board-certified orthopedic surgeon conducted an independent medical examination of Trooper and after a physical examination of Trooper, a review of his medical records and consideration of Trooper's "subjective complaints" opined that Trooper is not permanently disabled or incapable of performing the duties of a state trooper.In response to Trooper's contention that the hearsay evidence contained in the report of the Retirement System's… [read post]
7 Oct 2019, 6:00 am
"In contrast the System's board-certified orthopedic surgeon conducted an independent medical examination of Trooper and after a physical examination of Trooper, a review of his medical records and consideration of Trooper's "subjective complaints" opined that Trooper is not permanently disabled or incapable of performing the duties of a state trooper.In response to Trooper's contention that the hearsay evidence contained in the report of the Retirement System's… [read post]
30 Apr 2011, 5:14 am
Doctrine of Estoppel not available to bar an administrative action to correct an error notwithstanding its adverse impact on the individual Matter of Olick v D'Alessandro, 2011 NY Slip Op 50718(U), Supreme Court, New York County, Judge Manuel J. [read post]
20 Jan 2007, 5:18 pm
Following the death of a neglected Brooklyn girl, the staff of New York City’s Administration for Children's Services expanded in both numbers and skills training. [read post]
31 Jan 2022, 5:00 am
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
31 Jan 2022, 5:00 am
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
28 Dec 2013, 6:06 am
The US Court of Appeals for the District of Columbia has held that The Occupational Safety and Health Administration’s (OSHA) HazCom Standard does not preempt state law, therefore allowing state lawsuits to go forward based on “failure to warn” claims.The Court dismissed the Petition filed by the American Tort Reform Association for a definitive determination concerning Federal preemption of state court based actions. [read post]
19 Mar 2021, 4:00 am
McAleenan, (ED NY, March 16, 2021), a New York federal district court rejected a number of challenges to alleged unreasonable delays by the federal government in adjudicating whether 86 family members of petitioners could lawfully immigrate from Yemen as family members of U.S. citizens. [read post]
14 Nov 2013, 5:15 am
The appeal court held that the one year suspension was not so disproportionate to the offense to be "shocking to one's sense of fairness or an abuse of discretion as a matter of law" read about this Article 78 NYS DMV case here. [read post]
