Search for: "Doe v. State, Dept. of Public Welfare" Results 21 - 40 of 63
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30 Sep 2024, 9:55 am by Joel R. Brandes
Slip Op. 04427 (3d Dept., 2024) a custody modification proceeding, in which custody was awarded to the father, the Appellate Division observed that Family Court is required to craft a schedule that allows that parent frequent and regular access to the child, unless it finds that doing so would be inimical to the child’s welfare. [read post]
25 Feb 2008, 3:38 pm
  It is regulated and controlled by law based upon principles of public policy affecting the welfare of the people of the State.' Fearon v. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The United State Circuit Court of Appeals, Second Circuit, opining that New York law offered "conflicting guidance" on the issue, certified the following question to New York State's Court of Appeals: "Does the 'special duty' requirement — that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally — apply to claims… [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The United State Circuit Court of Appeals, Second Circuit, opining that New York law offered "conflicting guidance" on the issue, certified the following question to New York State's Court of Appeals: "Does the 'special duty' requirement — that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally — apply to claims… [read post]
22 Dec 2020, 2:33 pm by Joel R. Brandes
The conduct is oftentimes clandestine and out of public view, and proving it in such instances must depend upon circumstantial evidence. [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]