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16 Nov 2016, 7:02 am by Megan Gardner (Admission Pending)
NewOpen Group, 142 A.D.3d 489, 36 N.Y.S.3d 199 (2d Dep’t 2016), that a letter of intent (“LOI”) is unenforceable if it merely constitutes an agreement to agree. [read post]
16 Nov 2016, 4:00 am by The Public Employment Law Press
Ctr., 63 NY2d 128, 135; see Matter of Allen v Howe, 84 NY2d 665, 672), i.e., he wanted to hire another correction officer to replace petitioner. [read post]
23 Sep 2016, 7:39 am
The court also held that defendant's statements involved a matter of public concern, such that plaintiffs were required to prove actual malice. [read post]
22 Aug 2016, 4:00 am by The Public Employment Law Press
Employee terminated for failure to posses a valid license required to perform the duties of the position Matter of Rivera v New York City Dept. of Sanitation, 2016 NY Slip Op 05837, Appellate Division, First DepartmentSupreme Court granted the Article 78 petition filed by probationary sanitation worker Carlos Rivera  seeking a court order annulling Department of Sanitation’s terminating his employment with the Department. [read post]
15 Aug 2016, 4:00 am by The Public Employment Law Press
In Mennella v Uniondale UFSD, 287 A.D.2d 636, the Appellate Division ruled that a petition filed with the Commissioner of Education may constitute the functional equivalent of a §3813(1) notice of claim.4. [read post]
21 Jun 2016, 6:38 am by Matthew DeVries
., 139 A.D.3d 930 (May 18, 2016), the New York Supreme Court, Appellate Division, reversed a trial court’s award of delay damages in favor of a subcontractor on a public contract. [read post]
27 May 2016, 4:00 am by The Public Employment Law Press
Although SUNY contended that “by virtue of the October 2013 arbitration award, [1] Woods was a probationary employee, and [2] the parties did not agree to arbitrate issues regarding the termination of probationary employees,” the Appellate Division ruled that the issue before it was to determine whether there is a "reasonable relationship between the subject matter of the dispute and the general subject matter of the CBA. [read post]
9 May 2016, 6:33 am
Londono, 148 A.D.2d 753, 539 N.Y.S.2d 484 [2d Dept 1989]; see also People v. [read post]
6 May 2016, 8:44 am by Kelly Buchanan
Courts As noted above, in addition to legislative matters, adjudicative matters were also dealt with at Thingvellir. [read post]
5 May 2016, 4:00 am by The Public Employment Law Press
"*Notwithstanding this procedural issue, the Appellate Division retained the matter and consider Stanek’s petition “in the interest of judicial economy. [read post]
26 Apr 2016, 10:30 pm by The Public Employment Law Press
” Retirement incentive: Unemployment resulting from taking advantage of a severance package or an early retirement incentive does not constitute good cause for leaving one's employment [Rubscha (Commissioner of Labor), 105 AD3d 1217].Personal reasons: Claimant’s reasons for submitting his resignation  were found to be "personal and noncompelling," [Quintana v NYC Police Department, 297 A.D.2d 857].Dissatisfaction with employer's business operations:… [read post]
19 Apr 2016, 6:44 pm by Brian Shiffrin
By simply broaching a new issue on cross-examination, a party does not thereby run the risk that all evidence, no matter how remote or tangential to the subject matter opened up, will be brought out on redirect. [read post]
19 Apr 2016, 6:44 pm by New York Criminal Defense
By simply broaching a new issue on cross-examination, a party does not thereby run the risk that all evidence, no matter how remote or tangential to the subject matter opened up, will be brought out on redirect. [read post]
24 Mar 2016, 10:56 am by Jonathan Bailey
Murphy sought to begin work on a new film adaptation of Philip Francis Nowlan’s 1928 novella Armageddon 2419 A.D., claiming that the book is in the public domain. [read post]