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6 Dec 2010, 4:15 am
An administrative agency must follow the rules and regulations applicable to it in making its final administrative decisionMatter of Hasberry v New York City Dept. of Educ., 2010 NY Slip Op 08792, decided on November 30, 2010, Appellate Division, First DepartmentThe Department of Education (DOE) rejected applications for certification as New York City school bus drivers or bus escorts filed by a number of individuals on the basis of “criminal convictions that… [read post]
22 Dec 2015, 7:30 am
Tests applied by courts in determining if a public officer should be removed from his or her office pursuant to §36 of the Public Officers LawHayes v Avitabile, 2015 NY Slip Op 08693, Appellate Division, Third DepartmentGary R. [read post]
30 Jun 2015, 4:00 am
NYS Employees’ Retirement System benefits are based on the member’s job title at the time of his or her retirement2015 NY Slip Op 04555, Appellate Division, Third DepartmentIn 2008, aNew York State Correction Officer [Officer] retired from his position and began collecting service retirement benefits pursuant to Retirement and Social Security Law Article 14. [read post]
22 Jan 2010, 3:25 am
And because of prior instances where some clerks have rejected papers based on their understanding (or misunderstanding) of rules, the Office of Court Administration has issued changes.There are now just four reasons for a clerk to reject papers:1) papers that do not have an index number,(2) documents commencing or concluding a lawsuit that do not list the names of all parties,(3) filings offered in the wrong county, or(4) documents not signed as required by… [read post]
23 Jun 2009, 4:15 am
Bd. of Educ., 2009 NY Slip Op 05138, decided on June 16, 2009, Appellate Division, Second DepartmentIn this decision the Appellate Division set out a synopsis of the doctrine of the exhaustion of administrative remedy, noting that:1. [read post]
1 Mar 2017, 4:00 am
An administrative disciplinary hearing, in whole or in part, may be closed to the public under certain, and limited, circumstances 2017 NY Slip Op 01473, Appellate Division, First DepartmentAlthough an administrative disciplinary hearing typically is open to the public, there are limited exceptions to this general rule as is demonstrated by this decision by the Appellate Division, First Department.A New York City police officer was alleged to have… [read post]
10 May 2010, 12:25 am
Failure to exhaust available administrative remediesWhite v Pozzi, 2010 NY Slip Op 03463, Decided on April 27, 2010, Appellate Division, Second DepartmentDennis White's failure to exhaust his administrative remedies coupled with his failure to demonstrate an exception to the exhaustion requirement insofar as his appeal was concerned resulted in Supreme Court denying his petition seeking judicial review of the disciplinary determination.The Appellate Division,… [read post]
19 Jan 2010, 5:10 am
The court refused defendants' motions to dismiss many of Askew's Title VII, equal protection and free exercise of religion claims. [read post]
15 Jul 2015, 4:00 am
The Settlement provided that, for a two-week period, Officer would be both placed on administrative leave with pay and "on [the] payroll. [read post]
6 Jun 2012, 4:00 am
Accordingly, it sustained Supreme Court’s ruling vacating the denial of the police officer’s application for accidental disability retirement benefits. [read post]
12 Oct 2016, 1:41 pm
Estime, 2016 NY Slip Op 51384 (NYC Crim. [read post]
15 Nov 2018, 8:08 am
The unions have been in a protracted quarrel with the Office of Court Administration and the judges who supervise it. [read post]
25 Jan 2022, 6:43 am
The problem, as the Court sees it, is that the regulation covers a subject matter that only the State Legislature can address, not the Governor's office. [read post]
29 Nov 2022, 9:00 pm
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
29 Nov 2022, 9:00 pm
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
27 Mar 2023, 4:00 am
Ct., March 17, 2023), a New York state trial court remanded a case in which an administrative Panel refused to grant an NYPD police officer a religious exemption from New York City's COVID vaccine mandate. [read post]
4 May 2009, 4:05 am
Administrative disciplinary decision finding employee guilty must be affirmed if supported by substantial evidenceMatter of DeNardo v Board of Educ. of Mamaroneck Union Free School Dist., 2009 NY Slip Op 03169, decided on April 21, 2009, Appellate Division, Second DepartmentBoard of Education of the Mamaroneck Union Free School District served Valerie DeNardo with disciplinary charges pursuant to §75 of the Civil Service Law. [read post]
6 Jan 2007, 9:54 pm
New rules governing lawyer advertising can be viewed on the New York Office of Court Administration's website here. [read post]
5 Mar 2013, 10:08 am
NYS Office of Court Administration Executive Director Ronald Younkins said the remodeled site OCA contains the same information as in the past, such as news and insight for general consumers, jurors and lawyers, but is designed to make it easier to quickly find information. 1) Global Navigation Bar: Use this to reach the different main sections of the site. 2) Global Search: Search the entire contents of the NYCOURTS.GOV web site. 3) NYcourts.gov… [read post]
4 Jan 2019, 4:00 am
An administrative determination made after a hearing will be sustained by the court if the decision is supported by substantial evidenceDeStefano v Incorporated Vil. of Mineola, 2018 NY Slip Op 08481, Appellate Division, Second DepartmentMichael A. [read post]
