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Decision of the week ending April 15, 2023 - Rejection of demands for additional compensation for work performed pursuant a contract
15 Apr 2023, 6:00 am by Public Employment Law Press
(TERS) v Contract Dispute Resolution Bd. 2023 NY Slip Op 01878 Decided on April 11, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decision of the week ending April 15, 2023 - Rejection of demands for additional compensation for work performed pursuant a contract
15 Apr 2023, 6:00 am by Public Employment Law Press
(TERS) v Contract Dispute Resolution Bd. 2023 NY Slip Op 01878 Decided on April 11, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Provider's Fee Splitting With Billing Company Does Not Constitute a Defense to Provider's No-Fault Claim for Payment
13 Dec 2015, 12:31 pm
" New York Education Law § 6530(19). 11 NYCRR § 65-3.16 (a)(12) states:A provider of health care services is not eligible for reimbursement under section 5102(a)(1) of the Insurance Law if the provider fails to meet any applicable New York State or local licensing requirement necessary to perform such service in New York or meet any applicable licensing requirement necessary to perform such service in any other… [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Matter of Lynch v New York City Civilian Complaint Review Bd. 2022 NY Slip Op 04122 Decided on June 28, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Matter of Lynch v New York City Civilian Complaint Review Bd. 2022 NY Slip Op 04122 Decided on June 28, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Austrian Court Upholds Conviction for “Denigrating Religious Beliefs”
27 Dec 2011, 9:21 am by Eugene Volokh
(Eugene Volokh) Soeren Kern (Hudson New York) reports: An Austrian appellate court has upheld the conviction of Elisabeth Sabaditsch-Wolff, a Viennese housewife and anti-Jihad activist, for “denigrating religious beliefs” after giving a series of seminars about the dangers of radical Islam. [read post]
The Volokh Conspiracy - http://volokh.com
A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
  Matter of Joseph v Sewell 2024 NY Slip Op 02985 Decided on May 30, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A criminal "acquittal" is not proof of innocence of misconduct and does not preclude a proceeding in a civil forum such as an administrative disciplinary proceeding
12 Jun 2024, 6:00 am by Public Employment Law Press
  Matter of Joseph v Sewell 2024 NY Slip Op 02985 Decided on May 30, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Emotional Distress Claim Disallowed in Business Dispute
20 Aug 2012, 12:53 pm by William A. Ruskin
Kern of New York County Supreme Court to review the required elements of a such a claim. [read post]
Toxic Tort Litigation Blog - http://www.toxictortlitigationblog.com/
Emotional Distress Claim Disallowed in Business Dispute
20 Aug 2012, 12:53 pm by William A. Ruskin
Kern of New York County Supreme Court to review the required elements of a such a claim. [read post]
Toxic Tort Litigation Blog - http://www.toxictortlitigationblog.com/
Removal of an individual's name from an eligible list or from his position by action of the State Department of Civil Service or by a municipal commission
28 Aug 2020, 4:00 am by Public Employment Law Press
*The Appellate Division opined that "petitioner was accorded his full right to explain his conduct," and that he was not entitled to a hearing, citing Matter of Shraeder v Kern, 287 N.Y. 13. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Removal of an individual's name from an eligible list or from his position by action of the State Department of Civil Service or by a municipal commission
28 Aug 2020, 4:00 am by Public Employment Law Press
*The Appellate Division opined that "petitioner was accorded his full right to explain his conduct," and that he was not entitled to a hearing, citing Matter of Shraeder v Kern, 287 N.Y. 13. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Recent Articles and Podcast of Interest
13 Oct 2014, 4:05 am by Howard Friedman
Smith & Philip Donoho, RLUIPA: Re-Aligning Burdens of Proof, Clarifying Freedoms, and Re-Defining Responsibilities, (New York University Journal of Legislation and Public Policy, Forthcoming).Zachary R. [read post]
Religion Clause - http://religionclause.blogspot.com/
$6,500,000 Pain and Suffering Verdict Reduced to $1,000,000 for 32 Year Old Woman who underwent Unneeded Mastectomy
9 Dec 2010, 3:06 am by John Hochfelder
New York City Health & Hospitals Corp. [read post]
New York Injury Cases Blog - http://www.newyorkinjurycasesblog.com/
Medical Malpractice Pain and Suffering Verdict Reduced from $1,750,000 to $425,000; Appeals Court Gives No Explanation
16 Nov 2009, 2:43 am by John Hochfelder
As we’ve repeatedly discussed (for example, here and here), New York law requires the appellate courts to state their reasons when they find a jury award should be decreased (or increased). [read post]
New York Injury Cases Blog - http://www.newyorkinjurycasesblog.com/
Correspondence exchanged between public officers and agencies and private consultants are within the ambit of the Freedom of Information Law
3 May 2018, 3:00 am by Public Employment Law Press
However, the Court of Appeals instructs that FOIL is to be "liberally construed and its exemptions narrowly interpreted so that the public is granted maximum access to the records of government" (Matter of Town of Waterford v New York State Dept. of Envtl. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
When Are Damages Too Speculative in a Legal Malpractice Case?
24 Jun 2019, 4:16 am by Andrew Lavoott Bluestone
    2019 NY Slip Op 31712(U) June 14, 2019 Supreme Court, New York County Docket Number: 161445/13, Justice Carol R. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
News You Can Use Digest – January 27, 2023
26 Jan 2023, 7:45 pm by Jim Sedor
Supreme Court said it cannot identify the person who in the spring leaked a draft of the opinion that overturned Roe v. [read post]
Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed
Weekly eDiscovery News and Views - December 8, 2010
8 Dec 2010, 4:57 am by Rob Robinson
Cossrow) SmallLaw: Why Integration Is the Key to SaaS Success - http://tinyurl.com/2d4ddcz (John Heckman) The Spectacular Rise of SaaS - http://tinyurl.com/2cw7a93 (Eric Knorr) The State of Unified (Block and File) Storagehttp://tinyurl.com/27fekpw (Randy Kerns) Vendor Views Industry Landscape AccessData Opens Office in Sydney, Australia - http://tinyurl.com/2edhdmq (Business Wire) BlueArc Provides Resources to Help Guide IT Organizations' Virtualization Strategy -… [read post]
Information Governance Engagement Area - http://infogovernance.blogspot.com/
The Rip-Roaring, Crazy Week that Was: All of Lawfare in One Very Long Post
4 Feb 2017, 5:33 am by Jordan Brunner
And Peter Margulies examined the nominee’s misplacement of his characteristic empathy in Kerns v. [read post]
Lawfare - http://www.lawfareblog.com/