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29 Jan 2025, 6:00 am by Public Employment Law Press
Corp., 2024 NY Slip Op 05867, in which New York State's Court of Appeals had held that New Jersey Transit was not an arm of the State of New Jersey, Judge Rivera dissenting in an opinion, the Appellate Division opined New Jersey Transit was not entitled to invoke the doctrine of sovereign immunity in the Alvaran litigation. [read post]
29 Jan 2025, 6:00 am by Public Employment Law Press
Corp., 2024 NY Slip Op 05867, in which New York State's Court of Appeals had held that New Jersey Transit was not an arm of the State of New Jersey, Judge Rivera dissenting in an opinion, the Appellate Division opined New Jersey Transit was not entitled to invoke the doctrine of sovereign immunity in the Alvaran litigation. [read post]
9 Jul 2024, 6:00 am by Public Employment Law Press
Matter of Ashley v DiNapoli, 97 AD3d 1057, 1058 [3d Dept 2012]; Matter [*3]of Baron v New York State Comptroller, 84 AD3d 1678, 1679 [3d Dept 2011]; Matter of Walters v DiNapoli, 82 AD3d at 1488; Matter of Marinelli v DiNapoli, 82 AD3d 1347, 1348 [3d Dept 2011]; Matter of Rivera v DiNapoli, 78 AD3d 1295, 1296 [3d Dept 2010]). [read post]
9 Jul 2024, 6:00 am by Public Employment Law Press
Matter of Ashley v DiNapoli, 97 AD3d 1057, 1058 [3d Dept 2012]; Matter [*3]of Baron v New York State Comptroller, 84 AD3d 1678, 1679 [3d Dept 2011]; Matter of Walters v DiNapoli, 82 AD3d at 1488; Matter of Marinelli v DiNapoli, 82 AD3d 1347, 1348 [3d Dept 2011]; Matter of Rivera v DiNapoli, 78 AD3d 1295, 1296 [3d Dept 2010]). [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
 In Donohue v Cuomo, 2022 NY Slip Op 00910, the New York State's Court of Appeals said:"In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement* (CBA) (see 22 NY3d 344, 354 [2013]). [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
 In Donohue v Cuomo, 2022 NY Slip Op 00910, the New York State's Court of Appeals said:"In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement* (CBA) (see 22 NY3d 344, 354 [2013]). [read post]
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his… [read post]
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his… [read post]