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7 Jan 2010, 9:34 am
The opinion in Howell v. [read post]
10 Mar 2010, 3:02 am
No. 1 Inc. v DiNapoli, 22 Misc 3d 1106(A)The Carle Place Hook, Ladder and Hose Co. [read post]
14 Nov 2016, 2:46 am
Additional Resources: Anderson v. [read post]
14 Nov 2016, 2:46 am
Additional Resources: Anderson v. [read post]
Public officer entitled to compensation despite his or her failure to file his or her oath of office
6 Feb 2010, 5:01 pm
”According to the court, Whitman served as the de facto head of the Troy police department as City had not been declared the position “vacant” by operation of law during his tenure in the position.Another failure to file the required oath of office case is Lombino v Town Board, Town of Rye, 206 A.D.2d 462, leave to appeal denied, 84 N.Y.2d 807.The Lombino decision indicates that the mandates of Section 30.1(h) are to be strictly construed in the event the… [read post]
15 Dec 2010, 12:08 am
In Gordon v Town of Queensbury, 256 AD2d 784, the Appellate Division held that the probationary rules set out in a collective bargaining agreement trumped the probationary rules set in the regulations of the responsible civil service commission.The court rejected Michael Gordon’s claim that his termination by the Town of Queensbury before he completed his probationary period was made in bad faith because the Town failed to give him the written… [read post]
Public officer entitled to compensation despite his or her failure to file his or her oath of office
2 Apr 2009, 4:21 am
"According to the court, Whitman served as the de facto head of the Troy police department as City had not been declared the position "vacant" by operation of law during his tenure in the position.Another failure to file the required oath of office case is Lombino v Town Board, Town of Rye, 206 A.D.2d 462, leave to appeal denied, 84 N.Y.2d 807.The Lombino decision indicates that the mandates of Section 30.1(h) are to be strictly construed in the event the… [read post]
1 Jul 2021, 12:57 pm
Every summer, before the justices leave town for the Supreme Court’s recess, they have one last impromptu conference to consider – and usually dispose of – all the cases relisted after their last scheduled conference (which this year happened last Thursday). [read post]
20 Nov 2012, 1:43 pm
The Court held that that the procedure established under Art. 259 TFEU was designed to obtain a declaration that the conduct of a Member State was in breach of EU law and to terminate that conduct (see, to that effect, Joined Cases 15/76 and 16/76 France v Commission [1979]; Case C-456/05 Commission v Germany [2007]; and Joined Cases C-514/07 P, C-528/07 P and C-532/07 P Sweden and Others v API and Commission [2010]).Thus, as the aim of the Treaty was to achieve the… [read post]
9 Oct 2021, 6:16 am
To that end we contrast the way that amendment in the face of challenge was read to show negative intent in Wallace, against the way that such modification was read as evidence of good intent in Town of Greece v. [read post]
19 Feb 2008, 5:33 am
Town of Brookhaven. [read post]
19 Feb 2008, 5:33 am
Town of Brookhaven. [read post]
24 Apr 2013, 10:51 pm
V. [read post]
11 Jan 2019, 2:59 am
That’s one of the worst ideas I’ve heard in a town that knows no shortage of bad ideas. [read post]
21 Apr 2008, 11:23 am
For publication opinions today (0): NFP civil opinions today (2): In Town & Country Ford, Inc. v. [read post]
16 Dec 2011, 2:49 pm
Compare this result with the one in Hovnanian Land v. [read post]
26 Jan 2011, 4:43 am
Negro objected but his appeal was rejected by the Appellate Division, Second Department.The court pointed out that A probationary employee may be terminated without a hearing and without a statement of reasons in the absence of a showing that the termination was for a constitutionally impermissible purpose, made in bad faith, or in violation of statutory or decisional law, citing Iannuzzi v Town of Brookhaven, 258 AD2d 651.Further, the discharged employee has the burden of… [read post]
28 Oct 2010, 2:11 pm
Div.): Defendant parked his car in the middle of Main Street in the Town of Union, Broome County in front of a business that, among other things, manufactures engine control systems for military purposes. [read post]
9 Jul 2009, 5:25 am
To view a copy of the Appellate Division's decision, please use this link: Sachs v County of Nassau [read post]
15 Jul 2011, 7:25 am
In Huie v. [read post]