Search for: "Dept of Corrections"
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10 May 2024, 6:00 am
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
23 Jul 2015, 5:04 am
The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.Sounding very much like a workers' compensation standardized employment status test, the US Department of Labor has added its interpretation this developing area of the law. [read post]
16 Jun 2012, 2:47 pm
However, in People v Carter ( 2012 NY Slip Op 04845 [4th Dept 6/15/2012]) neither trial nor appellate counsel failed to argue that,as a matter of law, the trial court could not lawul order that the that Mr. [read post]
8 Apr 2024, 2:31 am
Were they really trying to intentionally defraud shoppers by cleverly making the sales receipt look like shoppers were charged the price on the item and the correct price per pound? [read post]
26 Jul 2010, 4:16 am
The controlling statute of limitations for filing an Article 78 petition challenging an administrative decision may be set out in another lawHayes v City of NY Dept. of Citywide Admin. [read post]
10 Jan 2014, 6:00 am
Dept. [read post]
27 Dec 2006, 11:29 am
Dept. of Corrections in 2004, and, more recently this past October, Jordan v. [read post]
24 Sep 2008, 9:17 pm
As the Court of Appeals has written, "[b]ecause CPL 380.20 and 380.40 collectively provide that only a judge may impose a [postrelease supervision] sentence, we conclude that DOCS may not do so" (Matter of Garner v New York State Dept. of Correctional Servs., ___ NY3d ___, ___ [Apr. 29, 2008]). [read post]
26 Apr 2009, 12:52 pm
How about for unobjected to prosecutorial misconduct> The Appellate Division, Fourth Department, provided an answer in People v Morrice (2009 NY Slip Op 03282 4th Dept 4/24/09). [read post]
24 Sep 2009, 4:47 pm
Kolupa (in a correctional facility) to explain this result? [read post]
31 Jan 2016, 2:07 pm
Well, wrong, but correct. [read post]
13 Aug 2014, 6:00 am
Put another way, even if Watervale was correct that a bond or other “financial” surety is a necessary prerequisite for release by the Coast Guard, the statute makes clear that the Coast Guard “may” release the vessel upon posting of such a bond, and does not provide any statutory standards by which to assess the circumstances under which the Coast Guard may or may not grant clearance. [read post]
28 Feb 2009, 9:54 am
See, Jones v Bill, 10 NY3d 550 (2008); Tirado v ELRAC Inc., 54 AD3d 261 (3rd Dept. 2008). [read post]
20 Aug 2012, 9:29 pm
Co. (2nd Dept., decided 5/15/2012) This is a bit of back fill. [read post]
22 Jan 2008, 9:23 am
The Board of Prison Commissioners will hold a meeting on Wednesday, January 23, 2008 in Carson City. [read post]
11 Mar 2008, 2:02 pm
Tammy Raum is: Senior Research Librarian, New York City Law Dept. [read post]
21 Nov 2007, 10:06 am
Dept. of Corrections (available here) is particularly interesting and could garner US Supreme Court attention: the court finds a takings problem with the law. [read post]
28 Jun 2007, 6:35 am
State Dept. of Children & Families, 2007 WL 601628 (Fla. 4th DCA Feb 28, 2007) Sara Leftow has filed a brief on behalf of her mother. [read post]
17 Jun 2007, 9:32 am
Dept., Div. of Human Rights, 2007 NY Slip Op 05025. [read post]
20 Sep 2019, 4:00 am
The New York City Correction Officers' Benevolent Association [Petitioner] filed an Article 78 petition to challenge a determination by New York City Board of Collective Bargaining [BCB] which concluded that New York City Department of Corrections [DOC] and the City of New York [City] did not commit an improper practice under the City Collective Bargaining Law [CBL] when it altered the procedures pursuant to which correction officers represented by Petitioner… [read post]
