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11 Dec 2008, 11:33 pm
I don't think that any court of law would accept him as being competent. [read post]
11 Dec 2008, 12:15 pm
Supreme Court granted the County's motion for summary judgment and dismissed the action.In addressing the Association's appeal from the dismissal of its petition by Supreme Court, the Appellate Division ruled that "Having failed to avail themselves of the grievance procedures outlined under the very collective bargaining agreement on which they now rely for monetary relief, [Anderson and Waal Malefyt] and the Association failed to exhaust administrative… [read post]
11 Dec 2008, 12:10 pm
Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the positionMatter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 09517, Decided on December 4, 2008, Appellate Division, ThirdNew York State Correction Officer Edward J. [read post]
11 Dec 2008, 7:48 am
Top Bush Officials Unlikely to Face Personal Liability for 9/11 Detentions Legal Times On Wednesday, an aspect of the Bush administration's war-on-terror policies drew criticism from at least some of the Supreme Court justices: the roundup of Arab-Americans and Muslims that the government said had some terrorist connection, in the immediate aftermath of the Sept. 11, 2001, attacks. [read post]
10 Dec 2008, 12:10 pm
Rappo's claim that she had been unlawfully discriminated against by her former employer, the New York City Human Resources Administration (HRA). [read post]
10 Dec 2008, 8:18 am
The suit filed Monday accuses the FTC of violating the federal Administrative Procedure Act. [read post]
9 Dec 2008, 5:07 pm
Second, it pushes the date for the first slot auctions beyond the change of administrations. [read post]
9 Dec 2008, 8:04 am
Visit Legal Technology Scrutiny of Mergers May Increase Under Obama Administration The National Law Journal Antitrust attorneys expect the U.S. [read post]
9 Dec 2008, 7:58 am
How the new administration handles the case will also be closely watched. [read post]
8 Dec 2008, 9:45 am by Roshonda Scipio
IMPRINT Brooklyn, NY : First Run/Icarus Films, c2005. [read post]
5 Dec 2008, 12:15 pm
"In this instance the court found that the Town Board's determination that Kaufman was guilty of the specified acts of misconduct was supported by substantial evidence.In addition, said the court, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness,' thus constituting an abuse of discretion as a matter of law," citing Kreisler v New York City Transit… [read post]
4 Dec 2008, 9:34 am
Storms, 102 A.D.2d 663, 664 (2d Dep't 1984) (holding that "[t]he Appellate Division is a single statewide court divided into departments for administrative convenience . . . and, therefore, the doctrine of stare decisis requires trial courts in this department to follow precedents set by the Appellate Division of another department until the Court of Appeals or this court pronounces a contrary rule. [read post]
2 Dec 2008, 12:10 pm
Hedman and a number of others initiated an Article 78 action in an effort to have the court remove Town of Howard Board Member William O. [read post]
1 Dec 2008, 12:15 pm
As long as the administrative determination is not irrational or arbitrary, this Court will not interfere with it. [read post]
29 Nov 2008, 11:47 am
Supreme CourtØ Federal Appellate Court DecisionsØ State RoundupØ TopicalØ Articles/Reports/BooksØ Foreign SpotlightTo begin, scan the link descriptions below and click.U.S. [read post]
26 Nov 2008, 12:20 pm
Appeal dismissed after employee fails to prove efforts to exhaust her administrative remedy would have been an exercise in futilityMatter of Amorosano-LePore v Grant, 2008 NY Slip Op 09073, Decided on November 18, 2008, Appellate Division, Second DepartmentThis decision by the Appellate Division illustrates the importance of exhausting administrative remedies before seeking judicial relief.Gina Amorosano-LePore filed a CPLR Article 78 petition seeking a review of the City… [read post]
25 Nov 2008, 5:46 pm
The state's highest court found that the Pataki administration had improperly used mental-hygiene law to confine the offenders after the end of their prison terms.Sex offenders likely don't need hospital-level care in many instances, Rosenthal said, but an intensive "community incarceration" kind of program with mandated supervision, anklets and other conditions. [read post]
25 Nov 2008, 12:20 pm
"There as some exceptions to this general rule, however.PERB, relying on the Court of Appeals ruling in Freudenthal v. [read post]