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30 Apr 2023, 3:10 pm by Maria Hook
However, there is no principled way to allocate the burden. [read post]
25 Jun 2011, 6:31 am by Silverberg Zalantis LLP
In Congregation Rabbinical College of Tartikov v.Town of Ramapo, the Court held "when a municipality seeks to revoke a previously granted tax exemption, it bears the burden of proving that the real property is now subject to taxation (Matter of New York Botanical Garden v Assessors of Town of Washington, 55 NY2d 328, 334 [1982]). [read post]
20 Nov 2024, 6:00 am by Public Employment Law Press
* The Appellate Division concluded that Petitioner "met her prima facie burden as to the fourth element", thus shifting "the burden of production ... to [OPWDD] to rebut the presumption with evidence" that it chose not to hire Petitioner "for a legitimate, nondiscriminatory reason"Noting that the ALJ's determination, "as adopted by DHR, erroneously concluded that [Petitioner] failed to demonstrate a prima facie case, no determination was… [read post]
20 Nov 2024, 6:00 am by Public Employment Law Press
* The Appellate Division concluded that Petitioner "met her prima facie burden as to the fourth element", thus shifting "the burden of production ... to [OPWDD] to rebut the presumption with evidence" that it chose not to hire Petitioner "for a legitimate, nondiscriminatory reason"Noting that the ALJ's determination, "as adopted by DHR, erroneously concluded that [Petitioner] failed to demonstrate a prima facie case, no determination was… [read post]