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4 Jun 2010, 9:56 am
Lebous [Not selected for publication in the Official Reports]The general guideline followed by court is considering an appeal from an administrative decision is that the court must confirm an administrative decision if there exists a rational basis for the determination, applying the standard set by the Court of Appeals in Pell v Board of Educ. of Union Free School Dist. [read post]
4 Jun 2010, 9:33 am
Correa (2010 NY Slip Op. 01533) that the 2004 merger of the criminal courts in the Bronx into a single court with jurisdiction to handle both felonies and misdemeanors is unconstitutional. [read post]
4 Jun 2010, 4:00 am
”The court’s rationale: No exception should be made simply because Sulecki’s injury did not occur at the location of the work-related meeting.Another “off the premises” workers’ compensation claim was considered in Neacosia v NY Power Authority, 85 NY2d 471. [read post]
3 Jun 2010, 7:55 pm
Concerning name-clearing hearingsBrowne v City of New York, 2010 NY Slip Op 04583, Decided on May 25, 2010, Appellate Division, Second Department [Browne II]In general, a name-clearing hearing is to provide an employee who claims that he or she has been “stigmatized” by his or her employer with an opportunity to clear his or her name* The individual seeking such a hearing has the burden of proof in the proceeding.Typically the individual seeks a name-clearing hearing if he or… [read post]
1 Jun 2010, 3:00 pm by Lucas A. Ferrara, Esq.
Please make checks payable to NYCLA Civil Court Practice Section and mail to: Civil Court Practice Section Dinner, NYCLA, 14 Vesey Street, New York, NY 10007 [read post]
1 Jun 2010, 1:00 am by drdiekman
Board of Mgrs.of Greentree at Murray Hill, NY Slip Op 04247 (1st Dept. 2010) Tomorrow’s issue: Administrative Law. [read post]
28 May 2010, 3:16 pm by Rick
  This is not an uncommon mistake, though: I not infrequently demur to Complaints filed in criminal court by prosecutors who can’t read, either. [read post]
27 May 2010, 9:43 am
The court must, therefore, consider whether AIG may be held liable for a breach of contract by its affiliates or subsidiaries. [read post]
26 May 2010, 5:43 pm by Joe Mullin
The complainant in the case, Syracuse, NY-based PPC, Inc. has no U.S. operations that qualify it as a domestic industry under ITC rules. [read post]
21 May 2010, 4:06 am
The statute of limitations to challenge an administrative decision starts to run when the determination becomes “final and binding”Fager v Board of Educ., Rochester City School Dist., 2010 NY Slip Op 04003, decided on May 7, 2010, Appellate Division, Fourth DepartmentKevin Fager appealed the Supreme Court’s dismissal of his Article 78 petition after Supreme Court ruled that was untimely.The Appellate Division said that “Supreme… [read post]
21 May 2010, 3:25 am by Andrew Lavoott Bluestone
New York Hospital, 13 Misc 3d 1246(A), 831 NYS2d 360, 2006 NY Slip Op 52356(U) (Sup Ct, NY County 2006) (ordering deposition by video conference in Morocco, where plaintiff could not obtain a visa and, thus, could not legally travel to the United States, despite her efforts and those of her counsel, her relatives and even the court). [read post]
19 May 2010, 8:42 am by SOIssues
The office declined to prosecute the officer, and the Police Department filed administrative charges seeking his dismissal in August 2009, a police spokesman said. [read post]
18 May 2010, 11:00 am by Lucas A. Ferrara, Esq.
  For further information about the new birth certificates, including assistance in organizing informational forums in Puerto Rican communities, contact:   Luis Balzac New York Regional Director Puerto Rico Federal Affairs Administration 135 West 50th Street, 22nd Floor New York, NY 10020 212-252-7300 Fax: 202-726-9957 LBalzac@PRFAA.com   Or   Nicole Guillemard Executive Director Puerto Rico Federal Affairs Administration 1100 17th St. [read post]
17 May 2010, 9:40 am
 David Shapiro also signed, and he served in the SG's office in the Reagan Administration. [read post]
13 May 2010, 6:56 pm by michael a. livingston
Is this the basis on which to get on a lifetime seat on the Court? [read post]
13 May 2010, 3:27 am by Andrew Lavoott Bluestone
Thekla Nordwind was appointed administrator of the Estate of Gabriella Jacobsen by this court on July 7, 2009 in order to pursue the Kirstein Assets. [read post]
12 May 2010, 11:51 am
The Wall Street Journal says that by choosing Kagan as the latest Supreme Court nominee, the Obama administration is taking “a friendlier approach” when it comes to investor cases. [read post]
11 May 2010, 5:35 am
Finding that the record was insufficient regarding the particulars of petitioner's convictions and that respondents failed to apply the appropriate statutory factors, When Supreme Court granted Boatman’s petition and remitted the matter to the Department for further proceedings after finding that it had not applied the “appropriate statutory factors, the Education Department appealed.The Appellate Division said that a judicial review of the administrative decision… [read post]