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Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
On October 3, 2019, the petitioner served a notice of claim upon the City of Long Beach and the Fire Department with regard to the subject incident. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The original Gilded Age lawyers (312)
26 Jun 2022, 12:28 am by Bill Henderson
”  See “One of Long Island’s Stateliest Homes,” Town & Country (Nov. 30, 2007) at 12. [read post]
Legal Evolution - https://www.legalevolution.org/
A firefighter injured on the job unable to work "regular 10-24 hours shifts" is entitled to General Municipal Law §207-a disability leave benefits absent being offered the full-time equivalent of shorter shifts or light-duty
17 Jun 2022, 9:08 pm by Public Employment Law Press
In reviewing respondents' determination, which was made without a hearing, "the issue is whether the action taken had a 'rational basis' and was not 'arbitrary and capricious' " (Matter of Ward v City of Long Beach, 20 NY3d 1042, 1043 [2013]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A firefighter injured on the job unable to work "regular 10-24 hours shifts" is entitled to General Municipal Law §207-a disability leave benefits absent being offered the full-time equivalent of shorter shifts or light-duty
17 Jun 2022, 9:08 pm by Public Employment Law Press
In reviewing respondents' determination, which was made without a hearing, "the issue is whether the action taken had a 'rational basis' and was not 'arbitrary and capricious' " (Matter of Ward v City of Long Beach, 20 NY3d 1042, 1043 [2013]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
Based on joint stipulated facts and submitted documentary evidence, Supreme Court granted the Town and Village's joint motion and dismissed the petitions. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
Based on joint stipulated facts and submitted documentary evidence, Supreme Court granted the Town and Village's joint motion and dismissed the petitions. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Quick Hits – If you’re going through hell edition.
17 Jun 2022, 12:05 pm by Richard Hunt
There was one interesting note at the end of the decision. the HOA claimed it was compelled to place the beach path by the plaintiff’s home by the Texas Open Beaches Act and the City of Galveston Beach Access Plan. [read post]
Accessibility Defense - http://accessdefense.com
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
—Long Beach Unit, 8 NY3d 465, 470). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
—Long Beach Unit, 8 NY3d 465, 470). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Rulings Endorse Courts’ Broad Remedial Powers Over Condo and Co-op Board Elections
28 Mar 2022, 3:44 am by Peter Mahler
Miami Beach v McGraw-Hill Cos., Inc., 120 AD3d 1052, 1055; see World Ambulette Transp., Inc. v Lee, 161 AD3d 1028; Matter of Pokoik v 575 Realties, Inc., 143 AD3d 487). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Third District Addresses Significant CEQA Issues In Mixed Decision On Placer County’s EIR For Specific Plan/Rezoning Allowing Development of Martis Valley Timberlands
23 Feb 2022, 11:28 am by Arthur F. Coon
/California Clean Energy Committee v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
2021 CEQA 4th QUARTER REVIEW
5 Jan 2022, 3:00 am by Abbott & Kindermann, William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
Here, the Court noted that Plaintiffs pointed to no statute that granted the board authority to place conditions on the real parties’ registration to lessen its environmental effects. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
Sixth District Holds Coastal Commission’s Post-Approval Analysis of Coastal Development Permit’s Environmental Impacts Violates CEQA
17 Dec 2021, 11:52 am by Arthur F. Coon
California Coastal Com. (2019) 40 Cal.App.5th 563, 577, fn. 8; La Costa Beach Homeowners’ Assn. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
NY Appellate Court Finds ZBA’s Denial of Area Variance was Arbitrary and Capricious
1 Nov 2021, 2:20 pm by Patricia Salkin
This required a variance from the minimum lot size set by the city of Long Beach for the neighborhood of 80 feet by 54 feet. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
The battle of the palms: How Mills & Mills LLP helped the El Mocambo register its iconic trademark and preserve a piece of Toronto’s music history
14 Oct 2021, 1:40 pm by Mills & Mills LLP
How long would this club and others like it last before they only exist in archives and recollections? [read post]
Mills and Mills LLP Blog - https://www.millsandmills.ca/blog/
2021 CEQA 3rd QUARTER REVIEW
13 Oct 2021, 5:44 am by Abbott & Kindermann, William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
UPDATE Ministerial Review Ruegg & Ellsworth v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
2021 CEQA 3rd QUARTER REVIEW
13 Oct 2021, 5:44 am by Abbott & Kindermann, William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
UPDATE Ministerial Review Ruegg & Ellsworth v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
Mid-Year Cumulative Environmental Action News Update
1 Sep 2021, 3:00 am by Abbott & Kindermann, William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
The case and the Court’s summary is as follows: County of Butte v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
Mid-Year Cumulative Environmental Action News Update
1 Sep 2021, 3:00 am by Abbott & Kindermann, William W. Abbott, Diane G. Kindermann, Glen C. Hansen and Daniel S. Cucchi
The case and the Court’s summary is as follows: County of Butte v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
Chalk Up A Win For The Fourth Amendment
28 Aug 2021, 5:03 am by SHG
” Taylor v. [read post]
Simple Justice - http://blog.simplejustice.us