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13 Nov 2014, 5:49 am by Ayesha Christie, Matrix
The case of Gaughran v Chief Constable of the Police Service of Northern Ireland was heard by the Supreme Court on 16 October 2014, on appeal from [2012] NIQB 88. [read post]
15 Nov 2022, 5:30 am by Public Employment Law Press
Petitioners have fallen woefully short of their burden to sustain a facial due process challenge on vagueness grounds, and the extensive administrative record supporting the amended regulation refutes their alternative challenges. [read post]
23 May 2023, 9:00 pm by Public Employment Law Press
Citing Matter of McGoey v DiNapoli, 194 AD3d 1296, the Appellate Division noted that the applicant, here the Petitioner, bore the burden of establishing that his disability was the result of an accident within the meaning of the Retirement and Social Security Law, and the Comptroller's determination on that point will be sustained "if supported by substantial evidence in the record as a whole substantial evidence. [read post]
7 May 2024, 6:00 am by Public Employment Law Press
.), entered December 22, 2022, which denied the petition to annul respondents' determination, dated November 10, 2021, denying petitioner's application for accidental disability benefits (ADR), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.Petitioner did not sustain his burden of showing that his injuries resulted from an accident within the meaning of Administrative Code of City of NY § 13-252, rather than the… [read post]
15 Nov 2022, 5:30 am by Public Employment Law Press
Petitioners have fallen woefully short of their burden to sustain a facial due process challenge on vagueness grounds, and the extensive administrative record supporting the amended regulation refutes their alternative challenges. [read post]
7 Feb 2024, 6:00 am by Public Employment Law Press
His petition, alleged, among other things, that the determination was arbitrary and capricious.The Appellate Division, citing, Matter of Trager v Suffolk County, 185 AD3d 697, explained "An employee's probationary appointment may be terminated ... for any reason or no reason at all, so long as the termination was not in bad faith or for an improper or impermissible reason".* Further, the decision notes that "In demonstrating that administrative actions were made in bad… [read post]
23 May 2023, 9:00 pm by Public Employment Law Press
Citing Matter of McGoey v DiNapoli, 194 AD3d 1296, the Appellate Division noted that the applicant, here the Petitioner, bore the burden of establishing that his disability was the result of an accident within the meaning of the Retirement and Social Security Law, and the Comptroller's determination on that point will be sustained "if supported by substantial evidence in the record as a whole substantial evidence. [read post]