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Layoff, reinstatement and tenure by estoppel considered
30 Jul 2011, 5:02 am
”  (see Mahoney v Mills, 29 AD3d 1043, lv to app den 7 NY3d 708). [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
An Attorney Can Be Negligent For Failing to Seek Leave to File A Late Notice of Claim
21 Mar 2025, 5:55 am by Andrew Lavoott Bluestone
It is well settled that “[t]o establish a cause of action for legal malpractice, a plaintiff must prove (1) that the defendant attorney failed to exercise that degree of care, skill, and diligence commonly possessed by a member of the legal community, (2) proximate cause, (3) damages, and (4) that the plaintiff would have been successful in the underlying action had the attorney exercised due care” (Harvey v Handelman, Witkowicz & Levitsky, LLP, 130 AD3d 1439, 1441… [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
No Sanctions, But Otherwise A Complete Loss
21 Feb 2025, 4:52 am by Andrew Lavoott Bluestone
, 10 NY3d 486, 492 n 3 [2008]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Duplication in Causes of Action
15 Jul 2019, 4:29 am by Andrew Lavoott Bluestone
(See Doc. 39 at 1.) [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
It May Have Been Deceit, but…
8 May 2023, 3:50 am by Andrew Lavoott Bluestone
Nasca v Greene 2023 NY Slip Op 02317 Decided on May 3, 2023 Appellate Division, Second Department discusses the reach of Judiciary Law 487. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Accountants Win Dismissal of Case
7 Aug 2024, 4:42 am by Andrew Lavoott Bluestone
., LLC 2024 NY Slip Op 03682 Decided on July 3, 2024 Appellate Division, Second Department is one of those appellate cases where the Court basically did not like the complaint. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Judicial review of the denial of a grievance alleging a violation of a provision set out in a collective bargaining agreement
20 Jun 2023, 6:00 am by Public Employment Law Press
Relations, 183 AD3d 1199, leave to appeal denied, 35 NY3d 916. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review of the denial of a grievance alleging a violation of a provision set out in a collective bargaining agreement
20 Jun 2023, 6:00 am by Public Employment Law Press
Relations, 183 AD3d 1199, leave to appeal denied, 35 NY3d 916. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Links for 2010-06-21 [del.icio.us]
22 Jun 2010, 12:00 am by Sex Offender Issues
Code, § 6600 et seq.).[ 1 ] (§ 904, subd. [read post]
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
Decision of the week ending April 8, 2023 - Deeming an employee's unauthorized work absences from work "a voluntary resignation"
11 Apr 2023, 6:00 am by Public Employment Law Press
Thus, we cannot sustain Supreme Court's partial granting of the petition on this ground (see Matter of Level 3 Communications, LLC v Essex County, 129 AD3d 1255, 1256 [3d Dept 2015], lv denied 26 NY3d 907 [2015]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the week ending April 8, 2023 - Deeming an employee's unauthorized work absences from work "a voluntary resignation"
11 Apr 2023, 6:00 am by Public Employment Law Press
Thus, we cannot sustain Supreme Court's partial granting of the petition on this ground (see Matter of Level 3 Communications, LLC v Essex County, 129 AD3d 1255, 1256 [3d Dept 2015], lv denied 26 NY3d 907 [2015]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Temporary Use or Permanently Deprive: Understanding Larceny in a New York Stolen Property and Theft Case
14 Nov 2015, 2:49 am by Jeremy Saland
Rather, a defendant must aim “to permanently deprive the victim[] of the property” (People v Medina, 18 NY3d 98, 105 [2011]; see People v Jennings, 69 NY2d at 118; People v Jacobs, 52 AD3d 432, 433 [2008], lv denied 11 NY3d 833 [2008]; see also People v Parker, 121 AD3d 1190, 1191 [2014]). [read post]
New York Theft and Larceny Lawyers Blog - http://www.newyorktheftandlarcenylawyersblog.com/
SUM Arbitration Stay Denied -- Prejudice from Late Notice of SUM Claim Not Shown
30 Jan 2009, 9:03 am
Co., 4 NY3d at 475; Matter of Nationwide Mut. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
Continuous Representation in Professional Negligence Settings
19 Mar 2018, 4:40 am by Andrew Lavoott Bluestone
Moving Corp. v Pierleoni  2017 NY Slip Op 07586 [155 AD3d 601]  November 1, 2017  Appellate Division, Second  Department. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
SUM Arbitration Award Confirmed -- Inconsistency of Prior No-Fault Arbitration Award Not Given Preclusive Effect
20 Jul 2009, 8:04 pm
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, 336; see generally CPLR 7511 [b] [1] [iii]). [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
In applying the arbitrary and capricious standard in the course of litigation, a court inquires whether the determination under review had a rational basis
6 Dec 2024, 6:00 am by Public Employment Law Press
 § 605[h][1][a]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
In applying the arbitrary and capricious standard in the course of litigation, a court inquires whether the determination under review had a rational basis
6 Dec 2024, 6:00 am by Public Employment Law Press
 § 605[h][1][a]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Renovating a Kitchen is Not Inherently Dangerous Work -- Subrogation Claim Dismissed
28 Aug 2009, 6:50 am
., 11 NY3d 251 (NY Ct. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
Courts must construe New York State's Freedom of Information Law [FOIL] liberally, to "require[ ] government agencies to make available for public inspection and copying all records"
17 Jul 2024, 6:00 am by Public Employment Law Press
Decided and Entered:July 11, 2024 CV-24-0019 [*1]In the Matter of Andrew P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Courts must construe New York State's Freedom of Information Law [FOIL] liberally, to "require[ ] government agencies to make available for public inspection and copying all records"
17 Jul 2024, 6:00 am by Public Employment Law Press
Decided and Entered:July 11, 2024 CV-24-0019 [*1]In the Matter of Andrew P. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/