Search for: "NY MENTAL HEALTH DEPT."
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5 Jun 2009, 4:23 am
In addition, the New York State Education Department had licensed El to practice as a Mental Health Counselor and he was also accredited by the State as an Alcoholism and Substance Abuse Counselor Trainee.Further, said the court, State Education had certified El as a Teaching Assistant and issued a provisional certificate valid through 2011 to work as a School Counselor.In addition, El had supplied DOE with his employment history and numerous references.Despite this, El was… [read post]
15 Jan 2009, 12:09 am
Health Care, P.C. a/a/o Erick Papillion v. [read post]
11 Feb 2011, 1:40 am
*In a similar type of situation, the Appellate Division held that an individual employed by a private entity and paid with funds provided by the City of New York is not “paid by the City” for the purpose of membership in the New York City Employees Retirement System [Matter of Ivan v New York City Dept. of Health & Mental Hygiene, 63 AD3d 572].The court explained that Richard Ivan worked for a private corporation under contract with New York City… [read post]
19 Jul 2018, 4:00 am
Separation of PowersGarcia v New York City Dept. of Health & Mental Hygiene, 2018 NY Slip Op 04778, Court of AppealsAmong the issues addressed by the Court of Appeals in this action was an alleged violation of the doctrine of Separation of Powers.In response to the Appellate Division's holding that the adoption of certain administrative rules violated the separation of powers doctrine, New York City argued that the legislature has properly delegated to… [read post]
22 Apr 2016, 4:00 am
Further, as the court held in Yan Ping Xu v New York City Dept. of Health and Mental Hygiene, 121 AD3d 559, a department policy does not trump the probationary period established by law or by a rule or regulations having the force and effect of law. [read post]
17 Oct 2012, 3:08 am
Concerning plaintiff's demand for punitive damages, the fact is that punitive damages might well be recoverable upon proof of defendants' commission of fraud and possibly their breach of fiduciary duty and negligence as well (see Dupree, 87 AD3d at 978 [upholding punitive damages award against physician who assumed role as plaintiff's mental health therapist but who had sexual affair with her]). [read post]
21 May 2015, 5:19 pm
Respondent is currently engaged in mental health treatment. [read post]
2 Mar 2015, 2:30 am
Further, a department policy does not trump the probationary period established by law or by a rule or regulations having the force and effect of law [Yan Ping Xu v New York City Dept. of Health & Mental Hygiene, 2014 NY Slip Op 07261, Appellate Division, First Department].In addition, a collective bargaining agreement negotiated pursuant to the Taylor Law [Civil Service Law Article 14] may set out procedures to be followed by an appointing authority… [read post]
10 Sep 2010, 1:21 am
NYS Dept. of Housing & Community Renewal NEW YORK COUNTYWorkers' CompensationReceipt of Workers' Compensation Benefits Bars Recovery of Damages From CityBarrett v. [read post]
12 Sep 2010, 10:01 am
In fact, NYS courts frequently invoke § 6509-a, Rule 29.1b, and §238-a together. [read post]
23 Oct 2013, 4:00 am
The doctrine of judicial estoppel bars a party securing a ruling in his or her favor based on taking a certain position from advancing a contrary position in another action Becerril v City of New York Dept. of Health & Mental Hygiene, 2013 NY Slip Op 06783, Appellate Division, First Department The assistant director [AD] of a day care center applied facility applied for a position with New York City Department of Health (DOH) as an Early Childhood… [read post]
23 Jul 2019, 4:37 am
The doctrine of judicial estoppel “prevents a party who assumed a certain position in a prior proceeding and secured a ruling in his or her favor from advancing a contrary position in another action, simply because his or her interests have changed” (Becerril v City of NY Dept. of Health & Mental Hygiene, 110 AD3d 517, 519 [2013], lv denied 23 NY3d 905 [2014]; see Herman v 36 Gramercy Park Realty Assoc., LLC, 165 AD3d 405, 406… [read post]
15 May 2024, 6:00 am
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
15 May 2024, 6:00 am
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
29 Apr 2024, 7:00 am
(Steven S.), ___Misc 3d___, 2023 NY Slip Op 23416 [2023]). [read post]
27 Apr 2022, 1:12 pm
Within a week, the Democrats in the legislature — in control of both the senate and assembly — composed and enacted new congressional, senate, and assembly redistricting maps (see 2022 NY Assembly Bill A9167, 2022 NY Senate Bill S8196, 2022 NY Assembly Bill A9039-A, 2022 NY Senate Bill S8172-A, 2022 NY Assembly Bill A9168, 2022 NY Senate Bill S8197, 2022 NY Senate Bill S8185-A, 2022 NY Assembly Bill A9040-A),… [read post]
27 Apr 2022, 1:12 pm
Within a week, the Democrats in the legislature — in control of both the senate and assembly — composed and enacted new congressional, senate, and assembly redistricting maps (see 2022 NY Assembly Bill A9167, 2022 NY Senate Bill S8196, 2022 NY Assembly Bill A9039-A, 2022 NY Senate Bill S8172-A, 2022 NY Assembly Bill A9168, 2022 NY Senate Bill S8197, 2022 NY Senate Bill S8185-A, 2022 NY Assembly Bill A9040-A),… [read post]
27 Oct 2014, 5:15 am
A department policy does not trump the probationary period established by law or by a rule or regulations having the force and effect of lawYan Ping Xu v New York City Dept. of Health & Mental Hygiene, 2014 NY Slip Op 07261, Appellate Division, First DepartmentOne of the issues in this Article 78 action concerned the termination of Yan Ping Xu [YPX], a New York City employee serving as a "City Research Scientist I," a position in the noncompetitive… [read post]
30 Mar 2016, 4:00 am
Relations, 2016 NY Slip Op 02280, Court of AppealsThomas Tierney was employed by the Office of Mental Health [OMH] as a Safety and Security Officer 2 [SSO2], a Salary Grade [SG] 15 position. [read post]
4 Nov 2008, 10:07 am
The Court concludes therefore that there is insufficient evidence to show general causation.Federal and State Courts have consistently determined that the cause or causes of MCS (IEI) cannot be reliably established by scientific proof (see, e.g., Oppenheimer v United Charities of NY, 266 AD2d 116, 698 NYS2d 144 [1st Dept 1999]; Frank v State of New York, 972 F Supp 130 [ND NY 1997]). [read post]
